Madera City Council
September 17, 2025

TITLE OF CONTRACT ___________________________________________________________ CONTRACT NO. ________________________
____________________________________________
(Signature)

AFFIDAVIT MUST BE NOTARIZED
SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-28

CERTIFICATION OF COMPLIANCE WITH FAA BUY AMERICAN PREFERENCE The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration 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.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark (9) or the letter “X”.
† Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing iron, steel and manufactured products produced in the United States; b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or
1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-29
d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:
a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product. b) To faithfully comply with providing U.S. domestic products. c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. d) Certify that all construction materials used in the project are manufactured in the U.S. † The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;
c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including; b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-30
c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.
d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component; d) Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature
Company Name Title
SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-31

CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR

PROCUREMENTS
The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Date Signature
Company Name Title
SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-32

CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (9) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications
The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Date Signature
Company Name Title
SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-33

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

DATE _______________________________ SIGNED BY ______________________________ SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-34
IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code § 2204) Madera Municipal Airport, Madera, California, Rehabilitate Apron A2 and Hangar Taxilanes, AIP No. 3-06-0144-___-2025, IFB 202425-24 (“Project” or “Contract”) Pursuant to Public Contract Code (PCC) section 2204, an Iran Contracting Act certification is required for solicitations of goods or services of one million dollars ($1,000,000) or more.

Bidder shall complete ONLY ONE of the following three paragraphs. † 1. Bidder’s total bid is less than one million dollars ($1,000,000).

OR
† 2. Bidder’s total bid is one million dollars ($1,000,000) or more, but Bidder is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code § 2203(b), and Bidder is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OR
† 3. Bidder’s total bid one million dollars ($1,000,000) or more, but the City has given prior written permission to Bidder to submit a proposal pursuant to PCC 2203(c) or (d). A copy of the written permission from the City is included with Bid.

I certify that I am duly authorized to legally bind the bidder to this certification, that the contents of this certification are true, and that this certification is made under the laws of the State of California.

DATE _______________________________ SIGNED BY ______________________________ SUBMIT THIS SHEET AS PART OF YOUR BID.

Bid Form Division II - Page C-35

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18).

Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

THIS SHEET TO BE SUBMITTED
NO LATER THAN 4:00 P.M. ON THE FOURTH BUSINESS DAY FOLLOWING DATE OF BID OPENING.

Bid Form Division II - Page C-36

BIDDERS LIST COLLECTION FORM
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Prime Contractor
NAICS Code(s) associated with Bid Project Race of Majority Owner Gender of Majority Owner
NAICS Code(s) associated with Bid Project
Age of Firm
Sub Contractor
Race of Majority Owner Age of Firm
Sub Contractor
Gender of Majority Owner
NAICS Code(s) associated with Bid Project Race of Majority Owner Age of Firm Gender of Majority Owner
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Male Female Other
Male Female Other
Male Female Other

THIS SHEET TO BE SUBMITTED
NO LATER THAN 4:00 P.M. ON THE FOURTH BUSINESS DAY FOLLOWING DATE OF BID OPENING.

Bid Form Division II - Page C-37
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Firm Name: Certified DBE:

Firm Address: City: State: Zip Code:

Contact Name: Email Address: Phone:

Annual Gross Receipts
Gender of Majority Owner
Sub Contractor
NAICS Code(s) associated with Bid Project Race of Majority Owner Age of Firm Sub Contractor
NAICS Code(s) associated with Bid Project Race of Majority Owner Age of Firm Gender of Majority Owner
Sub Contractor
NAICS Code(s) associated with Bid Project Race of Majority Owner Age of Firm Gender of Majority Owner
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Yes No
Black American
Hispanic American
Asian-Pacific American
Subcontinent Asian American
Native American
Non-minority
Other
Less than 1 year
1 - 3 years
4 - 7 years
8 - 10 years
More than 10 years
Less than $1 million
$1 - $3 million
$3 - $6 million
$6 - $10 million
Over $10 million
Please copy page if you need to add more subcontractors.

Male Female Other
Male Female Other
Male Female Other

THIS SHEET TO BE SUBMITTED
NO LATER THAN 4:00 P.M. ON THE FOURTH BUSINESS DAY FOLLOWING DATE OF BID OPENING.

Bid Form Division II - Page C-38

THIS SHEET TO BE SUBMITTED
NO LATER THAN 4:00 P.M. ON THE FOURTH BUSINESS DAY FOLLOWING DATE OF BID OPENING.

Bid Form Division II - Page C-39
Agreement Division II - Page D-1

SECTION D

CONSTRUCTION AGREEMENT
IFB XXXXXX-XX _____________________________
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and [INSERT CONTRACTOR’S NAME], doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.

WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB XXXXXX-XX ______________________.”

2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.

3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the pre-construction meeting and will complete the same within ___calendar days. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $____________, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.

This Agreement shall be effective on _____________ , after approval by the City Council at a duly scheduled meeting thereof.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed _____________________ ($______________) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached thereto and incorporated herein as Exhibits A through G:
(A) CONTRACTOR Complete Bid as Submitted on ________________ (B) Addenda No. 1, dated
(C) Addenda No. 2, dated
Agreement Division II - Page D-2
(D) Addenda No. 3, dated
(E) Insurance Requirements for Contractors as specified in IFB (F) IFB XXXXXX-XX ______________________
(G) Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects (Division III Federal Provisions, Part C)

6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of ____________ ($____) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the 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 Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.

Agreement Division II - Page D-3
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. Seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

Agreement Division II - Page D-4
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 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 Owner shall provide the Contractor 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 60 days after the Owner 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 Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 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.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an Agreement Division II - Page D-5
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.

Unless otherwise agreed to by the Owner 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.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in Agreement Division II - Page D-6
direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on Agreement Division II - Page D-7
file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate 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.

12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records 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 in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each 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, these penalties shall be withheld from progress payments then due.

In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and Agreement Division II - Page D-8
regulations from the DIR relating to labor compliance monitoring and enforcement.

14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
If assignment of an apprentice to any work performed under a public works contract would create Agreement Division II - Page D-9
a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but Agreement Division II - Page D-10
not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER or the Owner’s Designated Project Manager and the CONTRACTOR. It is specifically agreed that the OWNER or the Owner’s Designated Project Manager shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

18. Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.

The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of Agreement Division II - Page D-11
liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

19. Insurance. Contractor must comply with the insurance requirements as described in Exhibit E, Insurance Requirements for Contractors as specified in IFB.

20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

21. Termination.

A. Termination of the Contract for Default.

1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the City;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.

2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:

Agreement Division II - Page D-12
(a) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

3. Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

4. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Agreement Division II - Page D-13
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.

6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

B. Termination of the Contract for Convenience.

The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.

1. Notice: The Owner will issue a written notice of termination for convenience as follows:

Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

2. Cessation of Work: Upon receipt, the Contractor shall immediately Agreement Division II - Page D-14
cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

3. Payment: The Contractor will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.

Notice of termination shall be mailed to the City:

Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:
[INSERT CONTRACTOR’S NAME AND MAILING ADDRESS]
All notices and communications from shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.

22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

Agreement Division II - Page D-15
This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.

24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.

25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.

If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.

28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and Agreement Division II - Page D-16
remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.

32. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.

Agreement Division II - Page D-17
IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecelia Gallegos, Mayor
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
ATTEST:
____________________________________
Alicia Gonzales, City Clerk

CONTRACTOR
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

Agreement Division II - Page D-18
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On ______________, 2025 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)

EXHIBIT A
Exhibit A – Contractor Complete Bid
CONTRACTOR COMPLETE BID - Submitted on _______

MADERA MUNICIPAL AIRPORT, MADERA, CALIFORNIA
REHABILITATE APRON A2 AND HANGAR TAXILANES
AIP NO. 3-06-0144-___-2025, IFB 202425-24
Item
No. Item Description
Unit of
Measure
Approximate
Quantity
Unit Price
(In Figures)
Amount
(In Figures)

BASE BID
1 SWPPP Submitted by Qualified SWPPP
Developer (QSD) and SWPPP
Implementation and Monitoring (C-103)
L.S. L.S. LUMP SUM $
2 Mobilization (C-105) L.S. L.S. LUMP SUM $
3 Marking and Lighting of Closed Airport
Facilities (C-106) L.S. L.S. LUMP SUM $
4 Muck Excavation (P-152) Cu. Yd. 2,000.0 $ $
5 Subbase Course (P-154) Cu. Yd. 1,000.0 $ $
6 Geogrid (P-154) Sq. Yd. 2,900.0 $ $
7 In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Pulverize, Mix, Excavate, Haul, and
Stockpile (P-207) Sq. Yd. 11,400.0 $ $
8 In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Place, and
Compact as ASB (P-207) Cu. Yd. 1,000.0 $ $
9 In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Haul, and
Dispose Off Site (P-207) Cu. Yd. 100.0 $ $
10 Crushed Aggregate Base Course (P-209) Ton 1,400.0 $ $ 11 Scarify and Recompact Existing
Aggregate Base Course (P-209) Sq. Yd. 11,400.0 $ $
12 Asphalt Surface Course (P-401) Ton 3,000.0 $ $
13 Emulsified Asphalt Prime Coat (P-602) Ton 9.5 $ $
14 Emulsified Asphalt Tack Coat (P-603) Ton 5.0 $ $
15 Joint Sealing Filler (P-605) Ln. Ft. 1,220.0 $ $
16 Concrete Cap Existing Utilities (P-610) Ln. Ft. 250.0 $ $ 17 Marking (P-620) Sq. Ft. 950.0 $ $
18 Reflective Media (P-620) Lb. 200.0 $ $
TOTAL BASE BID $___________________

EXHIBIT A
Exhibit A – Contractor Complete Bid
Item
No. Item Description
Unit of
Measure
Approximate
Quantity
Unit Price
(In Figures)
Amount
(In Figures)
ALTERNATE 1
1-1 Mobilization (C-105) L.S. L.S. LUMP SUM $
1-2 Muck Excavation (P-152) Cu. Yd. 1,400.0 $ $
1-3 Subbase Course (P-154) Cu. Yd. 900.0 $ $
1-4 Geogrid (P-154) Sq. Yd. 2,100.0 $ $
1-5
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Pulverize, Mix, Excavate, Haul, and
Stockpile (P-207) Sq. Yd. 5,900.0 $ $
1-6
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Place, and
Compact as ASB (P-207) Cu. Yd. 500.0 $ $
1-7
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Haul, and
Dispose Off Site (P-207) Cu. Yd. 50.0 $ $
1-8 Crushed Aggregate Base Course (P-209) Ton 1,000.0 $ $ 1-9 Scarify and Recompact Existing
Aggregate Base Course (P-209) Sq. Yd. 5,900.0 $ $
1-10 Asphalt Surface Course (P-401) Ton 1,550.0 $ $
1-11 Emulsified Asphalt Prime Coat (P-602) Ton 5.0 $ $
1-12 Emulsified Asphalt Tack Coat (P-603) Ton 2.5 $ $
TOTAL ALTERNATE 1 $___________________

EXHIBIT A
Exhibit A – Contractor Complete Bid
Item
No. Item Description
Unit of
Measure
Approximate
Quantity
Unit Price
(In Figures)
Amount
(In Figures)
ALTERNATE 2
2-1 Mobilization (C-105) L.S. L.S. LUMP SUM $
2-2 Muck Excavation (P-152) Cu. Yd. 1,100.0 $ $
2-3 Subbase Course (P-154) Cu. Yd. 700.0 $ $
2-4 Geogrid (P-154) Sq. Yd. 1,600.0 $ $
2-5
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Pulverize, Mix, Excavate, Haul, and
Stockpile (P-207) Sq. Yd. 5,000.0 $ $
2-6
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Place, and
Compact as ASB (P-207) Cu. Yd. 450.0 $ $
2-7
In-Place Full Depth Recycled (FDR)
Asphalt Aggregate Subbase Course –
Excavate from Stockpile, Haul, and
Dispose Off Site (P-207) Cu. Yd. 50.0 $ $
2-8 Crushed Aggregate Base Course (P-209) Ton 800.0 $ $ 2-9 Scarify and Recompact Existing
Aggregate Base Course (P-209) Sq. Yd. 5,000.0 $ $
2-10 Asphalt Surface Course (P-401) Ton 1,300.0 $ $
2-11 Emulsified Asphalt Prime Coat (P-602) Ton 4.0 $ $
2-12 Emulsified Asphalt Tack Coat (P-603) Ton 2.0 $ $
2-13 Marking (P-620) Sq. Ft. 300.0 $ $
2-14 Reflective Media (P-620) Lb. 60.0 $ $
TOTAL ALTERNATE 2 $___________________
Base Bid $____________
Alternate 1 $____________
Alternate 2 $____________
Total $____________
Payment Bond Division II - Page E-1

SECTION E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
_______________________________________________________________________________ (Name of Contractor)
_______________________________________________________________________________ (Address of Contractor)
a_______________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual)
_______________________________________________________________________________ (Name of Surety)
_______________________________________________________________________________ (Address of Surety)
hereinafter called Surety, are held and firmly bound unto:
_______________________________________________________________________________ (Name of Owner)
_______________________________________________________________________________ (Address of Owner)
hereinafter called OWNER, in the penal sum of _________________________________________ Dollars ($___________________) in lawful money of the United States for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, and also by the provisions of Part 2, Title 14, Chapter 2 of the California Code of Civil Procedure (Section 995.010, et seq.) and of Section 3247, et seq. of the California Civil Code.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ___________ day of ____________________________, 2025 a copy of which is hereto attached and made a part hereof for the construction of:

MADERA MUNICIPAL AIRPORT
REHABILITATE APRON A2 AND HANGAR TAXILANES
AIP NO. 3-06-0144-___-2025
NOW, THEREFORE, if the Principal and all subcontractors shall promptly make payment to all mechanics, material men, contractors, subcontractors, lessors of equipment, artisans, architects, Payment Bond Division II - Page E-2
registered engineers, licensed land surveyors, machinists, builders, teamsters and laymen and all persons and laborers of every type furnishing materials or leasing equipment to be used or consumed in or furnishing appliances, teams or power contributing to the work described in the above mentioned contract, and to any other persons named in Section 3181 of the California Civil Code, and of amounts due under the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that this obligation shall inure to the benefit of all persons named in Section 3181 of the California Civil Code, and all such claimants and their assigns shall have a right of action in any suit brought upon this bond.

PROVIDED FURTHER, that no suit, action or other proceeding to recover on this bond shall be maintained unless commenced within six (6) months from the completion of the work described in the above mentioned contract, as “completion” is defined in Section 3086 of the California Civil Code.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract of accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _____________ counterparts, (number)
each one of which shall be deemed an original this the _______ day of ______________________, 2025.

ATTEST: ____________________________________
Principal
_______________________________________ BY:______________________________(s) (Principal) Secretary
(Seal)
_______________________________________ ____________________________________ (Witness as to Principal) (Address)
Payment Bond Division II - Page E-3
ATTEST:
_______________________________________ ____________________________________ (Surety) Secretary (Surety)
(Seal)
_______________________________________ BY:_________________________________ (Witness as to Surety) Attorney in Fact
_______________________________________ ____________________________________ (Address) (Address)
_______________________________________ ____________________________________ NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.

Performance Bond Division II - Page F-1

SECTION F

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
_______________________________________________________________________________ (Name of Contractor)
_______________________________________________________________________________ (Address of Contractor)
a_______________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual)
_______________________________________________________________________________ (Name of Surety)
_______________________________________________________________________________ (Address of Surety)
hereinafter called Surety, are held and firmly bound unto:
_______________________________________________________________________________ (Name of Owner)
_______________________________________________________________________________ (Address of Owner)
hereinafter called OWNER, in the penal sum of _________________________________________ Dollars ($___________________) in lawful money of the United States for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ___________ day of ____________________________, 2025, a copy of which is hereto attached and made a part hereof for the construction of:

MADERA MUNICIPAL AIRPORT
REHABILITATE APRON A2 AND HANGAR TAXILANES
AIP NO. 3-06-0144-___-2025
NOW, THEREFORE, if the Principal and all subcontractors shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract Performance Bond Division II - Page F-2
during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _____________ counterparts, (number)
each one of which shall be deemed an original this the _______ day of ______________________, 2025.

ATTEST: ____________________________________
Principal
_______________________________________ BY:______________________________(s) (Principal) Secretary
(Seal)
_______________________________________ ____________________________________ (Witness as to Principal) (Address)
_______________________________________
Performance Bond Division II - Page F-3
ATTEST:
_______________________________________ ____________________________________ (Surety) Secretary (Surety)
(Seal)
_______________________________________ BY:_________________________________ (Witness as to Surety) Attorney in Fact
_______________________________________ ____________________________________ (Address) (Address)
_______________________________________ ____________________________________ NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.

DIVISION III FEDERAL PROVISIONS
PART A

DIVISION III

FAA GENERAL CONTRACT PROVISIONS
ADVISORY CIRCULAR 150/5370-10H

General Contract Provisions - Section 10 Definition of Terms GP-1 Division III – Federal Provisions
Part A – General Contract Provisions
Section 10 Definition of Terms
When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows:

Paragraph
Number
Term Definition
10-01 AASHTO The American Association of State Highway and Transportation Officials.
10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway.
10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport.
10-05 Airport Improvement
Program (AIP)
A grant-in-aid program, administered by the Federal Aviation Administration (FAA).
10-06 Air Operations Area
(AOA)
The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.
10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.
10-08 ASTM International
(ASTM)
Formerly known as the American Society for Testing and
Materials (ASTM).
10-09 Award The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

General Contract Provisions - Section 10 Definition of Terms GP-2 Paragraph
Number
Term Definition
10-10 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.
10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-ofway together with all airport buildings and facilities located thereon.
10-12 Calendar Day Every day shown on the calendar.
10-13 Certificate of Analysis
(COA)
The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications. 10-14 Certificate of
Compliance (COC)
The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer’s authorized representative.
10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.

The awarded contract includes but may not be limited to:

Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and
representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda.
10-17 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract.
10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.
10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.

General Contract Provisions - Section 10 Definition of Terms GP-3 Paragraph
Number
Term Definition
10-20 Contractors Quality
Control (QC) Facilities
The Contractor’s QC facilities in accordance with the Contractor Quality Control Program (CQCP).
10-21 Contractor Quality Control
Program (CQCP)
Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors.
10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.
10-23 Construction Safety and
Phasing Plan (CSPP)
The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.
10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.
10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative.
10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner’s Engineer or Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previously modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly
authorized representative.
10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices
prepared and issued by the General Services Administration.

General Contract Provisions - Section 10 Definition of Terms GP-4 Paragraph
Number
Term Definition
10-30 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis.
b. Owner Force Account - Work performed for the project by the Owner's employees.
10-31 Intention of Terms Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.
10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.
10-33 Major and Minor Contract
Items
A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.
10-34 Materials Any substance specified for use in the construction of the contract work.
10-35 Modification of
Standards (MOS)
Any deviation from standard specifications applicable to material and construction methods in accordance with FAA Order 5300.1. 10-36 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 Owner The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is the City of Madera.

General Contract Provisions - Section 10 Definition of Terms GP-5 Paragraph
Number
Term Definition
10-38 Passenger Facility Charge
(PFC)
Per 14 Code of Federal Regulations (CFR) Part 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.
10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.
10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work.
10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.
10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.’
10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.
10-44 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications.
10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.
10-46 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.
10-47 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.
10-48 Quality Assurance (QA)
Inspector
An authorized representative of the Engineer and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.
10-49 Quality Assurance (QA)
Laboratory
The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Engineer General Contract Provisions - Section 10 Definition of Terms GP-6 Paragraph
Number
Term Definition
or RPR. May also be referred to as Engineer’s, Owner’s, or QA Laboratory.
10-50 Resident Project
Representative (RPR)
The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative.
10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft.
10-52 Runway Safety Area (RSA) A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.
10-53 Safety Plan Compliance
Document (SPCD)
Details how the Contractor will comply with the CSPP.
10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.
10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport.
10-56 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-57 Subgrade The soil that forms the pavement foundation. 10-58 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction.
10-59 Supplemental Agreement A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that General Contract Provisions - Section 10 Definition of Terms GP-7 Paragraph
Number
Term Definition
is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item.
10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.
10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas.
10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.
10-63 Taxiway/Taxilane Safety
Area (TSA)
A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA.
10-64 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications.
10-65 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is
suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.
10-66 Owner Defined terms None
END OF SECTION 10
General Contract Provisions - Section 20 Proposal Requirements and Conditions GP-8 Section 20 Proposal Requirements and Conditions
20-01 Advertisement (Notice to Bidders). The Advertisement for Bids is located in Division II, Section A, of these specifications.
20-02 Qualification of bidders. Each bidder shall submit evidence of competency and evidence of financial responsibility to perform the work to the Owner at the time of bid opening.

Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, and a list of equipment and a list of key personnel that would be available for the work.

Each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.

Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State Highway Division and are on the current “bidder’s list” of the state in which the proposed work is located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. 20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregular proposals.

Mobilization is limited to 10 percent of the total project cost.

A prebid conference is required on this project to discuss as a minimum, the following items: material requirements; submittals; Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas; and unique airfield paving construction requirements. This pre-bid meeting will be held at 10:00 AM on Wednesday, April 2, 2025, at the Madera Municipal Airport, Madera, California.
20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder if the bidder is in default for any of the following reasons:
a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner.

General Contract Provisions - Section 20 Proposal Requirements and Conditions GP-9 d. Documented record of unsatisfactory work on previous contracts with the Owner. 20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and Quantities, without in any way invalidating the unit bid prices.
20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, materials to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications.

Boring logs and other records of subsurface investigations and tests are available for inspection of bidders.

It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which the bidder may make or obtain from their own examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 Preparation of proposal. The bidder shall submit their proposal on the forms furnished by the Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.

The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation. 20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Owner’s invitation for bid. It is the Owner’s responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept.

A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons:
a. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.

General Contract Provisions - Section 20 Proposal Requirements and Conditions GP-10 b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. f. If the applicable Disadvantaged Business Enterprise information is incomplete.

The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts.
20-10 Bid guarantee. Each separate proposal shall be accompanied by a bid bond, certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or collateral, shall be made payable to the Owner.
20-11 Delivery of proposal. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside.

When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-12 Withdrawal or revision of proposals. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder’s request for withdrawal is received by the Owner in writing or by email before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-13 Public opening of proposals. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-14 Disqualification of bidders. A bidder shall be considered disqualified for any of the following reasons:
a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.
b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.
c. If the bidder is considered to be in “default” for any reason specified in paragraph 20-04, Issuance of Proposal Forms, of this section.
20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner’s Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than 5 business days prior to bid opening.

Any interpretation of the project bid documents by the Owner’s Engineer will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum.

General Contract Provisions - Section 20 Proposal Requirements and Conditions GP-11 END OF SECTION 20
General Contract Provisions - Section 30 Award and Execution of Contract GP-12 Section 30 Award and Execution of Contract
30-01 Consideration of proposals. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit bid price written in words shall govern.

Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:
a. If the proposal is irregular as specified in Section 20, paragraph 20-09, Irregular Proposals. b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20-14, Disqualification of Bidders.

In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner’s best interests. 30-02 Award of contract. The award of a contract, if it is to be awarded, shall be made within 150 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.

If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the lowest in price.
30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with paragraph 30-07 Approval of Contract. 30-04 Return of proposal guaranty. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the paragraph 30- 01, Consideration of Proposals. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds. 30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor’s performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract.
30-06 Execution of contract. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in paragraph 30-05, Requirements of Contract Bonds, of this section, within 10 calendar days from the date mailed or otherwise delivered to the successful bidder. 30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance General Contract Provisions - Section 30 Award and Execution of Contract GP-13 with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s proposal and the terms of the contract.
30-08 Failure to execute contract. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the period specified in paragraph 30-06, Execution of Contract, of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidated damages to the Owner.

END OF SECTION 30
General Contract Provisions - Section 40 Scope of Work GP-14 Section 40 Scope of Work
40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.
40-02 Alteration of work and quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work.

Unless otherwise specified in the Contract, the Owner’s Engineer or RPR shall be and is hereby authorized to make, in writing, such in-scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work.

For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%.

Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 90-03, Compensation for Altered Quantities.

Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement.

Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 Omitted items. The Owner, the Owner’s Engineer or the RPR may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item.

Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.

Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item.

Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for Omitted Items.
40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the RPR’s opinion, is necessary for completion of the extra work.

When determined by the RPR to be in the Owner’s best interest, the RPR may order the Contractor to proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work General Contract Provisions - Section 40 Scope of Work GP-15 covered by the original contract shall be covered by a supplemental agreement as defined in Section 10, paragraph 10-59, Supplemental Agreement.

If extra work is essential to maintaining the project critical path, RPR may order the Contractor to commence the extra work under a Time and Material contract method. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or supplemental agreement to cover the extra work.

Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. The Contractor shall maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP). a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to their own operations and the operations of all subcontractors as specified in Section 80, paragraph 80-04, Limitation of Operations. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in Section 70, paragraph 70-15, Contractor’s Responsibility for Utility Service and Facilities of Others.
b. With respect to their own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport in accordance with the construction safety and phasing plan (CSPP) and the safety plan compliance document (SPCD). c. When the contract requires the maintenance of an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep the road, street, or highway open to all traffic and shall provide maintenance as may be required to accommodate traffic. The Contractor, at their expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways.
40-06 Removal of existing structures. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly but shall be included in the various contract items.

Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Resident Project Representative (RPR) shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the RPR in accordance with the provisions of the contract.

Except as provided in Section 40, paragraph 40-07, Rights in and Use of Materials Found in the Work, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work.

General Contract Provisions - Section 40 Scope of Work GP-16 40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be embankment, the Contractor may at their own option either:
a. Use such material in another contract item, providing such use is approved by the RPR and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the RPR; or c. Use such material for the Contractor’s own temporary construction on site; or, d. Use such material as intended by the terms of the contract.

Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the RPR’s approval in advance of such use.

Should the RPR approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site.

Should the RPR approve the Contractor’s exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used.

It is understood and agreed that the Contractor shall make no claim for delays by reason of their own exercise of option a., b., or c.

The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of the property Owner.

END OF SECTION 40
General Contract Provisions - Section 50 Control of Work GP-17 Section 50 Control of Work
50-01 Authority of the Resident Project Representative (RPR). The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements.
50-02 Conformity with plans and specifications. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications.

If the RPR finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications, but that the portion of the work affected will, in their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be accepted and remain in place. The RPR will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. Changes in the contract price must be covered by contract change order or supplemental agreement as applicable.

If the RPR finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the RPR’s written orders.

The term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the RPR’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s execution of the work, when, in the RPR’s opinion, such compliance is essential to provide an acceptable finished portion of the work.

The term “reasonably close conformity” is also intended to provide the RPR with the authority, after consultation with the Sponsor and FAA, to use sound engineering judgment in their determinations to accept work that is not in strict conformity, but will provide a finished product equal to or better than that required by the requirements of the contract, plans and specifications.

The RPR will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 Coordination of contract, plans, and specifications. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs General Contract Provisions - Section 50 Control of Work GP-18 contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.

From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the RPR for an interpretation and decision, and such decision shall be final.

The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision. 50-04 List of Special Provisions.
1st - Change Order or Supplemental Agreement
2nd - Contract/Agreement
3rd - Addendum to the Plans and Specifications
4th - Bid Proposal
5th - Technical Provisions
6th - Special Conditions
7th - Construction Plans
8th - FAA General Contract Provisions
9th - FAA General Construction Items
10th - FAA Specifications and Advisory Circulars
11th - State Standard Plans and Specifications
50-05 Cooperation of Contractor. The Contractor shall be supplied with five hard copies or an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications. Additional hard copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.

The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the RPR and their inspectors and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as their agent on the work.

The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or their authorized representative. 50-06 Cooperation between Contractors. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.

When separate contracts are let within the limits of any one project, each Contractor shall conduct the work not to interfere with or hinder the progress of completion of the work being performed by other Contractors.

Contractors working on the same project shall cooperate with each other as directed.

Each Contractor involved shall assume all liability, financial or otherwise, in connection with their own contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project.

The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join their work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
50-07 Construction layout and stakes. The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical General Contract Provisions - Section 50 Control of Work GP-19 controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be deducted as a liquidated damage against the Contractor.

Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the work on this project will be provided to the RPR. The Contractor is responsible to establish all layout required for the construction of the project.

Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that cover or disturb the survey staking. Survey(s) and notes shall be provided in the following format(s): .CSV file Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary.

In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner.

Accuracy of surveys shall be to the thousandths of a foot.

No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract. 50-08 Authority and duties of Quality Assurance (QA) inspectors. QA inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.

QA Inspectors are authorized to notify the Contractor or their representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the RPR for a decision. 50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The RPR shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.

If the RPR requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense.

Provide advance written notice to the RPR of work the Contractor plans to perform each week and each day. Any work done or materials used without written notice and allowing opportunity for inspection by the RPR may be ordered removed and replaced at the Contractor’s expense.

Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract.

General Contract Provisions - Section 50 Control of Work GP-20 50-10 Removal of unacceptable and unauthorized work. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the RPR as provided in paragraph 50-02, Conformity with Plans and Specifications.

Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of Section 70, paragraph 70-14, Contractor’s Responsibility for Work.

No removal work made under provision of this paragraph shall be done without lines and grades having been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense.

Upon failure on the part of the Contractor to comply with any order of the RPR made under the provisions of this subsection, the RPR will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and recover the resulting costs as a liquidated damage against the Contractor.
50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment.

The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel.
50-12 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times.

In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations.

All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.
50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in paragraph 50-12, Maintenance during Construction, the RPR shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists.

Should the Contractor fail to respond to the RPR’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists.

Any maintenance cost incurred by the Owner, shall be recovered as a liquidated damage against the Contractor.
50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the RPR to make final inspection of that unit. If the RPR finds upon inspection that General Contract Provisions - Section 50 Control of Work GP-21 the unit has been satisfactorily completed in compliance with the contract, the RPR may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The RPR shall notify the Contractor in writing of final acceptance as of the date of the final inspection.

If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the RPR will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the RPR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the RPR in writing of their intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the RPR has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit a written claim to the RPR who will present it to the Owner for consideration in accordance with local laws or ordinances.

Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations.

END OF SECTION 50
General Contract Provisions - Section 60 Control of Materials GP-22 Section 60 Control of Materials
60-01 Source of supply and quality requirements. The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).

In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR as to the origin, composition, and manufacture of all materials to be used in the work.

Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.

At the RPR’s option, materials may be approved at the source of supply before delivery. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.

The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 150/5345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement.
60-02 Samples, tests, and cited specifications. All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the RPR, shall be removed at the Contractor’s expense.

Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids.

The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the RPR.

A copy of all Contractor QC test data shall be provided to the RPR daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.

The Contractor shall employ a Quality Control (QC) testing organization to perform all Contractor required QC tests in accordance with Item C-100 Contractor Quality Control Program (CQCP).

Contractor shall furnish all QC test results to the RPR in electronic (.pdf) format. Details of the acceptable format to be used are included in Appendix B, Construction Management Plan. 60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s COC stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed General Contract Provisions - Section 60 Control of Materials GP-23 by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufacturer’s COC and includes all applicable test results.

Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.

The form and distribution of certificates of compliance shall be as approved by the RPR.

When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “or equal,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:
a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work.

The RPR shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.

The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.
60-04 Plant inspection. The RPR or their authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly.

Should the RPR conduct plant inspections, the following conditions shall exist:
a. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials.
b. The RPR shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location with respect to the plant.

It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The RPR shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications.
60-05 Engineer/ Resident Project Representative (RPR) field office. An Engineer/RPR field office is not required.
60-06 Storage of materials. Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the RPR. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the RPR a copy of the property Owner’s permission.

General Contract Provisions - Section 60 Control of Materials GP-24 All storage sites on private or airport property shall be restored to their original condition by the Contractor at their expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property. 60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR.

Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work. 60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified.

All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Ownerfurnished material is used.

After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.

END OF SECTION 60
General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-25 Section 70 Legal Regulations and Responsibility to Public 70-01 Laws to be observed. The Contractor shall keep fully informed of all federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all their officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor’s employees. 70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work.
70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on the plans and is indicated as follows:

NOT APPLICABLE
Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the RPR.

Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.
70-05 Federal Participation. The United States Government has agreed to reimburse the Owner for some portion of the contract costs. The contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator. No requirement of this contract shall be construed as making the United States a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract.

General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-26 70-06 Sanitary, health, and safety provisions. The Contractor’s worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions. 70-07 Public convenience and safety. The Contractor shall control their operations and those of their subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.

The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to their own operations and those of their own subcontractors and all suppliers in accordance with Section 40, paragraph 40-05, Maintenance of Traffic, and shall limit such operations for the convenience and safety of the traveling public as specified in Section 80, paragraph 80-04, Limitation of Operations.

The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and recover the resulting costs as a liquidated damage against the Contractor. 70-08 Construction Safety and Phasing Plan (CSPP). The Contractor shall complete the work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is on sheet(s) 2 and 3 of the project plans.
70-09 Use of explosives. The use of explosives is not permitted on this project. 70-10 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer/RPR has witnessed or otherwise referenced their location and shall not move them until directed.

The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted.

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, the Contractor shall restore, at their expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner.
70-11 Responsibility for damage claims. The Contractor shall indemnify and hold harmless the Engineer/RPR and the Owner and their officers, agents, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree.

Money due the Contractor under and by virtue of their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-27 when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.
70-12 Third party beneficiary clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third-party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 Opening sections of the work to traffic. If it is necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such “phasing” of the work must be specified below and indicated on the approved Construction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified.

Upon completion of any portion of work shown on the plans, such portion shall be accepted by the Owner in accordance with Section 50, paragraph 50-14, Partial Acceptance.

No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it become necessary to open a portion of the work to traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at their expense.

The Contractor shall make their own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work.

The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP.

Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic. 70-14 Contractor’s responsibility for work. Until the RPR’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with Section 50, paragraph 50-14, Partial Acceptance, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities.

If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at their own expense.

During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
70-15 Contractor’s responsibility for utility service and facilities of others. As provided in paragraph 70-04, Restoration of Surfaces Disturbed by Others, the Contractor shall cooperate with the owner of any General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-28 public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities.

To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and/or in the contract documents.

Utility Service
or Facility
Person to Contact
(Name, Title, Address & Phone)
Owner's Emergency
Contact (Phone)
Telephone – AT&T (800) 222-0400
Pacific Gas and Electric 2871 Airport Drive
Madera, CA 93637
(800) 743-5000
Madera Irrigation District 12152 Road 28-1/4
Madera, CA 93637
(559) 673-3514
Sewer, Water and Storm Drain
Services
City of Madera
1030 South Gateway Drive
Madera, CA 93637
(559) 661-5466
It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service.

It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of their plan of operations. Such notification shall be in writing addressed to “The Person to Contact” as provided in this paragraph and paragraph 70-04, Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR.

In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners.

Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor’s opinion, the Owner’s assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner’s “Person to Contact” no later than two normal business days prior to the Contractor’s commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the RPR.

The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility.

Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor’s operations.

Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the RPR and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the RPR continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner.

General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-29 The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or their own surety. 70-15.1 FAA facilities and cable runs. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the execution of the project work, shall comply with the following:
a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. b. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/Technical Operations/System Support Center (SSC) Point-of-Contact through the airport Owner a minimum of seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. c. If execution of the project work requires a facility outage, the Contractor shall contact the FAA Pointof-Contact a minimum of 72 hours prior to the time of the required outage. d. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the Contractor’s equipment or personnel whether by negligence or accident will require the Contractor to repair or replace the damaged cables, access road, or FAA facilities to FAA requirements. The Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located by the FAA. e. If the project work requires the cutting or splicing of FAA owned cables, the FAA Point-of-Contact shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require approval by the FAA Point-of-Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice.
70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor’s operations. 70-17 Personal liability of public officials. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR, their authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill their obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach.

The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.
70-19 Environmental protection. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.

General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-30 70-20 Archaeological and historical findings. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.

Should the Contractor encounter, during their operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR. The RPR will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed.

Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in Section 40, paragraph 40-04, Extra Work, and Section 90, paragraph 90-05, Payment for Extra Work. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with Section 80, paragraph 80-07, Determination and Extension of Contract Time. 70-21 Insurance Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-31 the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

General Contract Provisions - Section 70 Legal Regulations and Responsibility to Public GP-32 Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

Hold Harmless and Indemnification Clause
Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

END OF SECTION 70
General Contract Provisions - Section 80 Execution and Progress GP-33 Section 80 Execution and Progress
80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Resident Project Representative (RPR).

The Contractor shall perform, with his organization, an amount of work equal to at least 30 percent of the total contract cost.

Should the Contractor elect to assign their contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner.

The Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized on the project. As a minimum, the information shall include the following:
• Subcontractor's legal company name.
• Subcontractor's legal company address, including County name. • Principal contact person's name, telephone and fax number. • Complete narrative description, and dollar value of the work to be performed by the subcontractor.
• Copies of required insurance certificates in accordance with the specifications. • Minority/ non-minority status.
80-02 Notice to proceed (NTP). The Owners notice to proceed will state the date on which contract time commences. The Contractor is expected to commence project operations within 10 days of the NTP date.

The Contractor shall notify the RPR at least 24 hours in advance of the time contract operations begins.

The Contractor shall not commence any actual operations prior to the date on which the notice to proceed is issued by the Owner.
80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their coordinated construction schedule showing all work activities for the RPR’s review and acceptance at least 10 days prior to the start of work. The Contractor’s progress schedule, once accepted by the RPR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal.

If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the RPR’s request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR at least 24 hours in advance of resuming operations.

General Contract Provisions - Section 80 Execution and Progress GP-34 The Contractor shall not commence any actual construction prior to the date on which the NTP is issued by the Owner.

The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all work items identified in the project proposal for each work area and shall include the project start date and end date.

The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a two-week look ahead basis at every weekly meeting, or as otherwise specified in the contract.

Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 80-04 Limitation of operations. The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport.

When the work requires the Contractor to conduct their operations within an AOA of the airport, the work shall be coordinated with airport operations (through the RPR) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and until the necessary temporary marking, signage and associated lighting is in place as provided in Section 70, paragraph 70-08, Construction Safety and Phasing Plan (CSPP).

When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; and immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until satisfactory conditions are provided. The areas of the AOA identified in the Construction Safety Phasing Plan (CSPP) and as listed below, cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows:

AOA
Time Periods AOA
Can be Closed
Type of Communications
Required When Working in
AOA
Control
Authority
Runway 12-30 None Radio Tuned to 122.800 MHz Airport
Management
Apron A2 and
Taxilanes
Duration of Project Radio Tuned to 122.800 MHz Airport
Management
Taxiway P Periodic Daytime Closures
with 48 hours’ Notice
Radio Tuned to 122.800 MHz Airport
Management
*See Construction Safety and Phasing Plan (CSPP) for details.

The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction and the approved CSPP. 80-04.1 Operational safety on airport during construction. All Contractors’ operations shall be conducted in accordance with the approved project Construction Safety and Phasing Plan (CSPP) and the General Contract Provisions - Section 80 Execution and Progress GP-35 Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP.

The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures.

The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project.

The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures.

No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time. 80-05 Character of workers, methods, and equipment. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications.

All workers shall have sufficient skill and experience to perform properly the work assigned to them.

Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.

Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the RPR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the RPR.

Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR may suspend the work by written notice until compliance with such orders.

All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall not cause injury to previously completed work, adjacent property, or existing airport facilities due to its use.

When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.

When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless otherwise authorized by the RPR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR to do so.

The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the RPR determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the RPR may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this paragraph.

General Contract Provisions - Section 80 Execution and Progress GP-36 80-06 Temporary suspension of the work. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods the Owner may deem necessary, due to unsuitable weather, or other conditions considered unfavorable for the execution of the work, or for such time necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.

In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the written order to suspend work to the effective date of the written order to resume the work.

Claims for such compensation shall be filed with the RPR within the time period stated in the RPR’s order to resume work. The Contractor shall submit with their own claim information substantiating the amount shown on the claim. The RPR will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather or for any other delay provided for in the contract, plans, or specifications.

If it becomes necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.
80-07 Determination and extension of contract time. The number of working days shall be stated in the proposal and contract and shall be known as the Contract Time.

If the contract time requires extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:
80-07.1 Contract time based on working days. Contract time based on working days shall be calculated weekly by the Resident Project Representative (RPR). The RPR will furnish the Contractor a copy of their weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved Change Orders or Supplemental Agreements covering Extra Work).

The weekly statement of contract time charged is based on the following considerations:
(1) Time will be charged for days on which the Contractor could proceed with scheduled work under construction at the time for at least six (6) hours with the normal work force employed on such items.

When normal work force is a double-shift, use 12 hours; and when the normal work force is on a tripleshift, use 18 hours. Conditions beyond the Contractor’s control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the scheduled work items under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The RPR will not make charges against the contract time prior to the effective date of the notice to proceed.
(3) The RPR will begin charges against the contract time on the first working day after the effective date of the notice to proceed.
(4) The RPR will not make charges against the contract time after the date of final acceptance as defined in Section 50, paragraph 50-14, Final Acceptance.

General Contract Provisions - Section 80 Execution and Progress GP-37 (5) The Contractor will be allowed one (1) week in which to file a written protest setting forth their own objections to the RPR’s weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor.

The contract time (stated in the proposal) is based on the originally estimated quantities as described in the Section 20, paragraph 20-05, Interpretation of Estimated Proposal Quantities. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. 80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in paragraph 80-07, Determination and Extension of Contract Time) the sum specified in the contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract.

Stage Liquidated Damages
Cost
Allowed Construction Time
Total Project $3,000/calendar day 37 Working Days
Base Bid $3,000/calendar day 25 Working Days
Alternate 1 $3,000/calendar day 6 Working Days
Alternate 2 $3,000/calendar day 6 Working Days
The maximum construction time allowed for the total project will be the sum of the time allowed for individual stages but not more than 37 days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract.
80-09 Default and termination of contract. The Contractor shall be considered in default of their contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons, if the Contractor:
a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the execution of the work, or
e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or General Contract Provisions - Section 80 Execution and Progress GP-38 i. For any other cause whatsoever, fails to carry on the work in an acceptable manner.

Should the Owner consider the Contractor in default of the contract for any reason above, the Owner shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract.

If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the RPR of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the RPR will be required for the completion of said contract in an acceptable manner.

All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense.

When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered.

Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.

Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the RPR.

Termination of the contract or a portion thereof shall neither relieve the Contractor of their responsibilities for the completed work nor shall it relieve their surety of its obligation for and concerning any just claim arising out of the work performed.
80-11 Work area, storage area and sequence of operations. The Contractor shall obtain approval from the RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate work in accordance with the approved CSPP and SPCD.

END OF SECTION 80
General Contract Provisions - Section 90 Measurement and Payment GP-39 Section 90 Measurement and Payment
90-01 Measurement of quantities. All work completed under the contract will be measured by the RPR, or their authorized representatives, using United States Customary Units of Measurement.

The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice.

Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the RPR.

Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed.

The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

When requested by the Contractor and approved by the RPR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the RPR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.

Measurement and Payment Terms
Term Description
Excavation and
Embankment
Volume
In computing volumes of excavation, the average end area method will be used unless otherwise specified.

Measurement and
Proportion by
Weight
The term “ton” will mean the short ton consisting of 2,000 pounds (907 km) avoirdupois.

All materials that are measured or proportioned by weights shall be weighed on accurate, independently certified scales by competent, qualified personnel at locations designated by the RPR. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the RPR directs, and each truck shall bear a plainly legible identification mark.

Measurement by
Volume
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery.

General Contract Provisions - Section 90 Measurement and Payment GP-40 Term Description
Asphalt Material Asphalt materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, will be used for computing quantities.

Cement Cement will be measured by the ton (kg) or hundredweight (km).

Structure Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.

Timber Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.

Plates and Sheets The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch.

Miscellaneous Items When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.

Scales Scales must be tested for accuracy and serviced before use. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end.

Scales shall be accurate within 0.5% of the correct weight throughout the range of use.

The Contractor shall have the scales checked under the observation of the RPR before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed 0.1% of the nominal rated capacity of the scale, but not less than one pound (454 grams). The use of spring balances will not be permitted.

In the event inspection reveals the scales have been “overweighing” (indicating more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of 0.5%.

In the event inspection reveals the scales have been under-weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded.

Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the RPR can safely and conveniently view them.

General Contract Provisions - Section 90 Measurement and Payment GP-41 Term Description
Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment.

All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project.

Rental Equipment Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered in connection with extra work will be measured as agreed in the change order or supplemental agreement authorizing such work as provided in paragraph 90-05 Payment for Extra Work.

Pay Quantities When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the RPR. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 Scope of payment. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of Section 70, paragraph 70-18, No Waiver of Legal Rights.

When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications.
90-03 Compensation for altered quantities. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in Section 40, paragraph 40-02, Alteration of Work and Quantities, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from their own unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items. As specified in Section 40, paragraph 40-03, Omitted Items, the RPR shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner.

Should the RPR omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the RPR’s order to omit or non-perform such contract item.

Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.

In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the RPR’s order.

General Contract Provisions - Section 90 Measurement and Payment GP-42 Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 Payment for extra work. Extra work, performed in accordance with Section 40, paragraph 40-04, Extra Work, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work.
90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with paragraph 90-07, Payment for Materials on Hand. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.
a. From the total of the amount determined to be payable on a partial payment, 5 percent of such total amount will be deducted and retained by the Owner for protection of the Owner’s interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows:
(1) Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. (2) In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08.
b. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.
c. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.

It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the RPR to be a part of the final quantity for the item of work in question.

No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in paragraph 90-09, Acceptance and Final Payment.

The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.

General Contract Provisions - Section 90 Measurement and Payment GP-43 90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:
a. The material has been stored or stockpiled in a manner acceptable to the RPR at or on an approved site.
b. The Contractor has furnished the RPR with acceptable evidence of the quantity and quality of such stored or stockpiled materials.
c. The Contractor has furnished the RPR with satisfactory evidence that the material and transportation costs have been paid.
d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material stored or stockpiled.
e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.

It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of their responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications.

In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used.

No partial payment will be made for stored or stockpiled living or perishable plant materials.

The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this paragraph.
90-08 Payment of withheld funds. At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in paragraph 90-06 Partial Payments, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:
a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment.
c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of Section 50, paragraph 50-15, Final Acceptance, the RPR will prepare the final estimate of the items of work actually performed. The Contractor shall approve the RPR’s final estimate or advise the RPR of the Contractor’s objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor’s receipt of the RPR’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the RPR’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered General Contract Provisions - Section 90 Measurement and Payment GP-44 by the Owner as a claim in accordance with Section 50, paragraph 50-16, Claims for Adjustment and Disputes.

After the Contractor has approved, or approved under protest, the RPR’s final estimate, and after the RPR’s receipt of the project closeout documentation required in paragraph 90-11, Contractor Final Project Documentation, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

If the Contractor has filed a claim for additional compensation under the provisions of Section 50, paragraph 50-16, Claims for Adjustments and Disputes, or under the provisions of this paragraph, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
90-10 Construction warranty.
a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier.
b. This warranty shall continue for a period of one year from the date of final acceptance of the work, except as noted. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. c. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Owner real or personal property, when that damage is the result of the Contractor’s failure to conform to contract requirements; or any defect of equipment, material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.
e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage.
f. If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner.
h. This warranty shall not limit the Owner’s rights with respect to latent defects, gross mistakes, or fraud.
90-11 Contractor Final Project Documentation. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the RPR approves the Contractor’s final submittal. The Contractor shall:

General Contract Provisions - Section 90 Measurement and Payment GP-45 a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations.
b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors.
c. Complete final cleanup in accordance with Section 40, paragraph 40-08, Final Cleanup. d. Complete all punch list items identified during the Final Inspection. e. Provide complete release of all claims for labor and material arising out of the Contract. f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project. g. When applicable per state requirements, return copies of sales tax completion forms. h. Manufacturer's certifications for all items incorporated in the work. i. All required record drawings, as-built drawings or as-constructed drawings. j. Project Operation and Maintenance (O&M) Manual(s).
k. Security for Construction Warranty.
l. Equipment commissioning documentation submitted, if required. m. Quality Control Program Test Result Summary.

END OF SECTION 90
General Contract Provisions - Section 90 Measurement and Payment GP-46 Page Intentionally Left Blank
PART B

DIVISION III

FAA GENERAL CONSTRUCTION ITEMS
ADVISORY CIRCULAR 150/5370-10H

General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-1 Division III – Federal Provisions
Part B General Construction Items
Item C-100 Contractor Quality Control Program (CQCP)
100-1 General. Quality is more than test results. Quality is the combination of proper materials, testing, workmanship, equipment, inspection, and documentation of the project. Establishing and maintaining a culture of quality is key to achieving a quality project. The Contractor shall establish, provide, and maintain an effective Contractor Quality Control Program (CQCP) that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose.

The Contractor shall establish a CQCP that will:
a. Provide qualified personnel to develop and implement the CQCP. b. Provide for the production of acceptable quality materials. c. Provide sufficient information to assure that the specification requirements can be met. d. Document the CQCP process.

The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the CQCP has been reviewed and approved by the Resident Project Representative (RPR). No partial payment will be made for materials subject to specific quality control (QC) requirements until the CQCP has been reviewed and approved.

The QC requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the quality assurance (QA) testing requirements. QA testing requirements are the responsibility of the RPR or Contractor as specified in the specifications.

A Quality Control (QC)/Quality Assurance (QA) workshop with the Engineer, Resident Project Representative (RPR), Contractor, subcontractors, testing laboratories, and Owner’s representative must be held prior to start of construction. The QC/QA workshop will be facilitated by the Contractor. The Contractor shall coordinate with the Airport and the RPR on time and location of the QC/QA workshop.

Items to be addressed, at a minimum, will include:
a. Review of the CQCP including submittals, QC Testing, Action & Suspension Limits for Production, Corrective Action Plans, Distribution of QC reports, and Control Charts. b. Discussion of the QA program.
c. Discussion of the QC and QA Organization and authority including coordination and information exchange between QC and QA.
d. Establish regular meetings to discuss control of materials, methods and testing. e. Establishment of the overall QC culture.

General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-2 100-2 Description of program.
a. General description. The Contractor shall establish a CQCP to perform QC inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors.

The CQCP shall ensure conformance to applicable specifications and plans with respect to materials, offsite fabrication, workmanship, construction, finish, and functional performance. The CQCP shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of QC. b. Contractor Quality Control Program (CQCP). The Contractor shall describe the CQCP in a written document that shall be reviewed and approved by the RPR prior to the start of any production, construction, or off-site fabrication. The written CQCP shall be submitted to the RPR for review and approval at least 10 calendar days before the CQCP Workshop. The Contractor’s CQCP and QC testing laboratory must be approved in writing by the RPR prior to the Notice to Proceed (NTP).

The CQCP shall be organized to address, as a minimum, the following:

1. QC organization and resumes of key staff

2. Project progress schedule

3. Submittals schedule

4. Inspection requirements

5. QC testing plan

6. Documentation of QC activities and distribution of QC reports

7. Requirements for corrective action when QC and/or QA acceptance criteria are not met

8. Material quality and construction means and methods. Address all elements applicable to the project that affect the quality of the pavement structure including subgrade, subbase, base, and surface course. Some elements that must be addressed include, but are not limited to, mix design, aggregate grading, stockpile management, mixing and transporting, placing and finishing, quality control testing and inspection, smoothness, laydown plan, equipment, and temperature management plan.

The Contractor must add any additional elements to the CQCP that is necessary to adequately control all production and/or construction processes required by this contract. 100-3 CQCP organization. The CQCP shall be implemented by the establishment of a QC organization.

An organizational chart shall be developed to show all QC personnel, their authority, and how these personnel integrate with other management/production and construction functions and personnel.

The organizational chart shall identify all QC staff by name and function, and shall indicate the total staff required to implement all elements of the CQCP, including inspection and testing for each item of work. If necessary, different technicians can be used for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the CQCP, the personnel assigned shall be subject to the qualification requirements of paragraphs 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization.

The QC organization shall, as a minimum, consist of the following personnel:
a. Program Administrator. The Contractor Quality Control Program Administrator (CQCPA) must be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The CQCPA must General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-3 have a minimum of five (5) years of experience in QC pavement construction with prior QC experience on a project of comparable size and scope as the contract.

Included in the five (5) years of paving/QC experience, the CQCPA must meet at least one of the following requirements:
(1) Professional Engineer with one (1) year of airport paving experience. (2) Engineer-in-training with two (2) years of airport paving experience. (3) National Institute for Certification in Engineering Technologies (NICET) Civil Engineering Technology Level IV with three (3) years of airport paving experience. (4) An individual with four (4) years of airport paving experience, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction.

The CQCPA must have full authority to institute any and all actions necessary for the successful implementation of the CQCP to ensure compliance with the contract plans and technical specifications. The CQCPA authority must include the ability to immediately stop production until materials and/or processes are in compliance with contract specifications. The CQCPA must report directly to a principal officer of the construction firm. The CQCPA may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2) hours after being notified of a problem. b. QC technicians. A sufficient number of QC technicians necessary to adequately implement the CQCP must be provided. These personnel must be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II in Civil Engineering Technology or higher, and shall have a minimum of two (2) years of experience in their area of expertise.

The QC technicians must report directly to the CQCPA and shall perform the following functions:
(1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by paragraph 100-6.
(2) Performance of all QC tests as required by the technical specifications and paragraph100-8. (3) Performance of tests for the RPR when required by the technical specifications.

Certification at an equivalent level of qualification and experience by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing levels. The Contractor shall provide sufficient qualified QC personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The CQCP shall state where different technicians will be required for different work elements. 100-4 Project progress schedule. Critical QC activities must be shown on the project schedule as required by Section 80, paragraph 80-03, Execution and Progress. 100-5 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for example, mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include as a minimum:
a. Specification item number
b. Item description
c. Description of submittal
d. Specification paragraph requiring submittal
General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-4 e. Scheduled date of submittal
100-6 Inspection requirements. QC inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by paragraph 100-9.

Inspections shall be performed as needed to ensure continuing compliance with contract requirements until completion of the particular feature of work. Inspections shall include the following minimum requirements:
a. During plant operation for material production, QC test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The CQCP shall detail how these and other QC functions will be accomplished and used. b. During field operations, QC test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified.

The CQCP shall document how these and other QC functions will be accomplished and used. 100-7 Contractor QC testing facility.
a. For projects that include Item P-401 the Contractor shall ensure facilities, including all necessary equipment, materials, and current reference standards, are provided that meet requirements in the following paragraphs of ASTM D3666, Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials:
• 8.1.3 Equipment Calibration and Checks;
• 8.1.9 Equipment Calibration, Standardization, and Check Records; • 8.1.12 Test Methods and Procedures
100-8 QC testing plan. As a part of the overall CQCP, the Contractor shall implement a QC testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional QC tests that the Contractor deems necessary to adequately control production and/or construction processes.

The QC testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following:
a. Specification item number (e.g., P-401)
b. Item description (e.g., Hot Mix Asphalt Pavements)
c. Test type (e.g., gradation, grade, asphalt content)
d. Test standard (e.g., ASTM or American Association of State Highway and Transportation Officials (AASHTO) test number, as applicable)
e. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated)
f. Responsibility (e.g., plant technician)
g. Control requirements (e.g., target, permissible deviations) General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-5 The QC testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665. The RPR shall be provided the opportunity to witness QC sampling and testing.

All QC test results shall be documented by the Contractor as required by paragraph 100-9. 100-9 Documentation. The Contractor shall maintain current QC records of all inspections and tests performed. These records shall include factual evidence that the required QC inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken.

These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract.

Legible copies of these records shall be furnished to the RPR daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the CQCPA.

Contractor QC records required for the contract shall include, but are not necessarily limited to, the following records:
a. Daily inspection reports. Each Contractor QC technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations. These technician’s daily reports shall provide factual evidence that continuous QC inspections have been performed and shall, as a minimum, include the following:
(1) Technical specification item number and description (2) Compliance with approved submittals
(3) Proper storage of materials and equipment
(4) Proper operation of all equipment
(5) Adherence to plans and technical specifications
(6) Summary of any necessary corrective actions
(7) Safety inspection.
(8) Photographs and/or video
The daily inspection reports shall identify all QC inspections and QC tests conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed.

The daily inspection reports shall be signed by the responsible QC technician and the CQCPA. The RPR shall be provided at least one copy of each daily inspection report on the work day following the day of record. When QC inspection and test results are recorded and transmitted electronically, the results must be archived.
b. Daily test reports. The Contractor shall be responsible for establishing a system that will record all QC test results. Daily test reports shall document the following information:
(1) Technical specification item number and description (2) Test designation
(3) Location
(4) Date of test
(5) Control requirements
(6) Test results
(7) Causes for rejection
(8) Recommended remedial actions
General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-6 (9) Retests
Test results from each day’s work period shall be submitted to the RPR prior to the start of the next day’s work period. When required by the technical specifications, the Contractor shall maintain statistical QC charts. When QC daily test results are recorded and transmitted electronically, the results must be archived. 100-10 Corrective action requirements. The CQCP shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the CQCP as a whole, and for individual items of work contained in the technical specifications.

The CQCP shall detail how the results of QC inspections and tests will be used for determining the need for corrective action and shall contain clear rules to gauge when a process is out of control and the type of correction to be taken to regain process control.

When applicable or required by the technical specifications, the Contractor shall establish and use statistical QC charts for individual QC tests. The requirements for corrective action shall be linked to the control charts.
100-11 Inspection and/or observations by the RPR. All items of material and equipment are subject to inspection and/or observation by the RPR at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate QC system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to inspection and/or observation by the RPR at the site for the same purpose.

Inspection and/or observations by the RPR does not relieve the Contractor of performing QC inspections of either on-site or off-site Contractor’s or subcontractor’s work. 100-12 Noncompliance.
a. The Resident Project Representative (RPR) will provide written notice to the Contractor of any noncompliance with their CQCP. After receipt of such notice, the Contractor must take corrective action. b. When QC activities do not comply with either the CQCP or the contract provisions or when the Contractor fails to properly operate and maintain an effective CQCP, and no effective corrective actions have been taken after notification of non-compliance, the RPR will recommend the Owner take the following actions:
(1) Order the Contractor to replace ineffective or unqualified QC personnel or subcontractors and/or (2) Order the Contractor to stop operations until appropriate corrective actions are taken.

METHOD OF MEASUREMENT
100-13 Basis of measurement and payment. No separate payment will be made for the CQCP. This work is considered incidental to the respective items of work.

General Construction Items - C-100 Contractor Quality Control Program (CQCP) GC-7

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.

National Institute for Certification in Engineering Technologies (NICET) ASTM International (ASTM)
ASTM C1077 Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D3666 Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials
END OF ITEM C-100
General Construction Items - C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-8 Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control

DESCRIPTION
102-1. This item shall consist of temporary control measures as shown on the plans or as ordered by the Resident Project Representative (RPR) during the life of a contract to control pollution of air and water, soil erosion, and siltation through the use of silt fences, berms, dikes, dams, sediment basins, fiber mats, gravel, mulches, grasses, slope drains, and other erosion control devices or methods.

Temporary erosion control shall be in accordance with the approved erosion control plan; the approved Construction Safety and Phasing Plan (CSPP) and AC 150/5370-2, Operational Safety on Airports During Construction. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period.

Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites.

Temporary control measures shall be designed, installed and maintained to minimize the creation of wildlife attractants that have the potential to attract hazardous wildlife on or near public-use airports.

MATERIALS
102-2.1 Grass. Grass that will not compete with the grasses sown later for permanent cover per Item T901shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. Selected grass species shall not create a wildlife attractant. 102-2.2 Mulches. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials per Item T-908. Mulches shall not create a wildlife attractant.
102-2.3 Fertilizer. Fertilizer shall be a standard commercial grade and shall conform to all federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 102-2.4 Slope drains. Slope drains may be constructed of pipe, fiber mats, rubble, concrete, asphalt, or other materials that will adequately control erosion.
102-2.5 Silt fence. Silt fence shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life. Silt fence shall meet the requirements of ASTM D6461.
102-2.6 Other. All other materials shall meet commercial grade standards and shall be approved by the RPR before being incorporated into the project.

CONSTRUCTION REQUIREMENTS
102-3.1 General. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply.

The RPR shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved.

General Construction Items - C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-9 102-3.2 Schedule. Prior to the start of construction, the Contractor shall submit schedules in accordance with the approved Construction Safety and Phasing Plan (CSPP) and the plans for accomplishment of temporary and permanent erosion control work for clearing and grubbing; grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the RPR.
102-3.3 Construction details. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the plans and approved CSPP. Except where future construction operations will damage slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project.

Where erosion may be a problem, schedule and perform clearing and grubbing operations so that grading operations and permanent erosion control features can follow immediately if project conditions permit.

Temporary erosion control measures are required if permanent measures cannot immediately follow grading operations. The RPR shall limit the area of clearing and grubbing, excavation, borrow, and embankment operations in progress, commensurate with the Contractor’s capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current with the accepted schedule. If seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified as directed by the RPR.

The Contractor shall provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment as directed by the RPR. If temporary erosion and pollution control measures are required due to the Contractor’s negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or directed by the RPR, the work shall be performed by the Contractor and the cost shall be incidental to this item.

The RPR may increase or decrease the area of erodible earth material that can be exposed at any time based on an analysis of project conditions.

The erosion control features installed by the Contractor shall be maintained by the Contractor during the construction period.

Provide temporary structures whenever construction equipment must cross watercourses at frequent intervals. Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into any waterways, impoundments or into natural or manmade channels.
102-3.4 Installation, maintenance and removal of silt fence. Silt fences shall extend a minimum of 16 inches (41 cm) and a maximum of 34 inches (86 cm) above the ground surface. Posts shall be set no more than 10 feet (3 m) on center. Filter fabric shall be cut from a continuous roll to the length required minimizing joints where possible. When joints are necessary, the fabric shall be spliced at a support post with a minimum 12-inch (300-mm) overlap and securely sealed. A trench shall be excavated approximately 4 inches (100 mm) deep by 4 inches (100 mm) wide on the upslope side of the silt fence. The trench shall be backfilled and the soil compacted over the silt fence fabric. The Contractor shall remove and dispose of silt that accumulates during construction and prior to establishment of permanent erosion control. The fence General Construction Items - C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-10 shall be maintained in good working condition until permanent erosion control is established. Silt fence shall be removed upon approval of the RPR.

METHOD OF MEASUREMENT
102-4.1 Not applicable.
102-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor.

BASIS OF PAYMENT
102-5.1 Where other directed work falls within the specifications for a work item that has a contract price, the units of work shall be measured and paid for at the contract unit price bid for the various items.

Temporary control features not covered by contract items that are ordered by the RPR will be paid for in accordance with Section 90, paragraph 90-05 Payment for Extra Work.

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 150/5200-33 Hazardous Wildlife Attractants on or Near Airports AC 150/5370-2 Operational Safety on Airports During Construction ASTM International (ASTM)
ASTM D6461 Standard Specification for Silt Fence Materials United States Department of Agriculture (USDA)
FAA/USDA Wildlife Hazard Management at Airports, A Manual for Airport Personnel END OF ITEM C-102
General Construction Items - C-103 – Storm Water Pollution Prevention Plan (SWPPP) GC-11 Item C-103 Storm Water Pollution Prevention Plan (SWPPP) 103-1.1 This item consists of the preparation, implementation, maintenance, and monitoring of a Storm Water Pollution Prevention Plan (SWPPP) for the construction of this project to conform to all requirements of the Federal Aviation Administration, State of California Water Resources Control Board, and local agencies.

Preparation of SWPPP
103-2.1 The Contractor is required to hire a Qualified SWPPP Developer (QSD) to develop and submit for approval a Storm Water Pollution Prevention Plan (SWPPP), which includes not only the attachments but an Erosion Control Plan. The objectives of the SWPPP as stated in Section A of the State Water Resources Control Board Order No. 2010-0014-DWQ, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity are:
• To identify pollutant sources that may affect the quality of discharges of storm water associated with construction activity (storm water discharge) from the construction site, and • To identify, construct, and implement storm water pollution prevention measures (control practices) to reduce pollutants in storm water discharges from the construction site both during and after construction is completed.

Therefore, the SWPPP to be developed by the Contractor's Qualified SWPPP Developer (QSD) must identify the Best Management Practices (BMPs), which are required for the Contractor's operations to meet these objectives. BMPs are measures or practices used to reduce the amount of pollution entering surface water and the storm sewer collection system. BMPs may take the form of a process, activity, or physical structure. The SWPPP must describe in detail the methods used to comply with those BMPs.

The plan must be approved by the engineer prior to any clearing, grading or excavation work. Acceptance of the plan does not preclude the Contractor from responsibility for taking the proper actions to prevent contaminates and/or sediments from leaving the construction site should any unforeseen circumstances occur.

The Contractor must take immediate action if directed by the Engineer, or if the Contractor observes contaminates and/or sediments entering any surface or groundwater drainage, to prevent further storm water from entering the drainage.

To aid the Contractor in the preparation of the SWPPP, the SWRCB Order No. 2012-0006-DWQ can be found at the State of California Water Resources Control Board, Storm Water Program website at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml. The SWPPP Template and Attachments are provided at the State of California Department of Transportation, Storm Water and Pollution Control website at http://www.dot.ca.gov/hq/construc/stormwater and should be followed by the Contractor during preparation of the SWPPP. Supporting information to be provided by the Owner for use by the Contractor during preparation of the SWPPP includes a topographic base map and a site map. Provision for Post-Construction Storm Water Management (Section A; Item 10) and Maintenance, Inspection and Repair (Section A; Item 11) must be addressed by the Owner for incorporation into the Contractor's "approved" SWPPP.

The final SWPPP must be submitted to the RPR for review and approval. This plan must be approved by the State of California Water Resources Control Board and the Airport. If necessary, it will be returned to the contractor for correction and update. Once the corrections have been made to the SWPPP and all actions called for have been made, a final SWPPP must be resubmitted to the Engineer for approval at no extra cost. All requirements set forth in the SWPPP must be adhered to by the contractor during construction.

General Construction Items - C-103 – Storm Water Pollution Prevention Plan (SWPPP) GC-12 Method of Measurement
103-3.1 The method of measurement for preparation of a Storm Water Pollution Prevention Plan (SWPPP) including installation, monitoring, and implementation of all measures during the construction of this project will be lump sum.

Basis of Payment
103-4.1 The Contractor will be paid separately for the preparation of the SWPPP at the lump sum price bid for this work. The lump sum price bid must include all materials, equipment, time, and other work required to prepare the SWPPP and to implement, maintain, and monitor all measures required in the approved SWPPP for the Base Bid and Alternates 1 and 2 (if accepted).

Payment will be made under:

Item 103-4.1 SWPPP Submitted by Qualified SWPPP Developer (QSD) and SWPPP Implementation And Monitoring - Lump Sum
General Construction Items - C-105 Mobilization GC-13
Item C-105 Mobilization
105-1 Description. This item of work shall consist of, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-2 Mobilization limit. Mobilization items shall be limited to 10 percent of the total cost for the Base Bid and to 10 percent of the total cost for Alternate 1. 105-3 Posted notices. Prior to commencement of construction activities, the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster “Equal Employment Opportunity is the Law” in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL “Notice to All Employees” Poster; and Applicable DavisBacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner.
105-4 Engineer/RPR field office. An Engineer/RPR field office is not required.

METHOD OF MEASUREMENT
105-5 Basis of measurement and payment. Based upon the contract lump sum price for “Mobilization” partial payments will be allowed as follows:
a. With first pay request, 25%.
b. When 25% or more of the original contract is earned, an additional 25%. c. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by Section 90, paragraph 90-11, Contractor Final Project Documentation, the final 10%.

BASIS OF PAYMENT
105-6 Payment will be made under:

Item C-105 Mobilization
General Construction Items - C-105 Mobilization GC-14

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.

Office of Federal Contract Compliance Programs (OFCCP)
Executive Order 11246, as amended
EEOC-P/E-1 – Equal Employment Opportunity is the Law Poster United States Department of Labor, Wage and Hour Division (WHD) WH 1321 – Employee Rights under the Davis-Bacon Act Poster END OF ITEM C-105
General Construction Items - C-106 – Marking and Lighting of Closed Airport Facilities GC-15 ITEM C-106 MARKING AND LIGHTING OF CLOSED

AIRPORT FACILITIES
Description
106-1.0 GENERAL. The construction of this project requires certain areas of the airfield to be closed to aircraft and operational traffic. Closure of these areas must be in accordance with construction plans. Marking of closed airfield facilities, temporary facilities, and contractor haul routes must be in accordance with these specifications and F.A.A. Advisory Circulars No. 150/5340-1, current edition, "Standards for Airport Markings", 150/5370-2, current edition, “Operational Safety on Airports During Construction” and the Construction Safety and Phasing Plan.

The airport will not be closed during construction of this project and aircraft operations on the runway must be allowed and protected.

All existing runway lights, taxiway lights, NAVAIDs and all power, control, and communication cables must be maintained in operation at all times for those facilities which are not closed under this contract.

Closed Airport Facility Marking
106-2.1 BARRICADES. Any area that is closed for aircraft or vehicular traffic must have lighted barricades placed across the pavement as shown on the plans. These barricades must be maintained in good condition at all times during the closure or they must be repaired or replaced as directed by the Engineer.

In accordance with the Construction Safety and Phasing Plan, the Contractor must designate haul roads to construction areas and block access to construction areas by use of suitable lighted barricades. On all airfield pavement, no part of the barricade or light must extend ten (10) inches above the paved surface. Maximum spacing between barricades must be four (4) feet. Each barricade must have two solar-powered lights with red lenses each controlled by photocells such that they are on at night and off during the day. Barricades must be painted alternate orange and white diagonal striping. These lighted barricades must remain in place until such time as the new construction is open to traffic.

The Contractor must place and maintain all airport and contractor furnished barricades and flashing units for this project. Contractor must supply batteries, sandbags and all maintenance for the barricades. The Airport will provide 75 barricades. Any excess barricades required shall be furnished by the Contractor.

Barricades must be securely fastened or weighted so that they will not be disturbed by high winds or jet blast.

Barricades must be located as shown on the plans and as directed by the Resident Project Representative (RPR).

At the completion of the project, all barricades must be drained of water. Airport-furnished barricades shall be returned to the airport.
106-2.2 AIRFIELD GUIDANCE SIGN COVERS. Not applicable.
106-2.3 RUNWAY CLOSURE MARKERS. Not applicable.
106-2.4 ROAD SIGNAGE. Contractor shall furnish, place, and maintain all, “DO NOT ENTER,” “DETOUR,” and other road signage at Gate G3 as called for on the Construction Safety and Phasing Plan. All road signage must conform with the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) and/or Caltrans Manual on Uniform Traffic Control Devices and shall not be hand lettered.

General Construction Items - C-106 – Marking and Lighting of Closed Airport Facilities GC-16 Method of Measurement
106-3.1 Method of measurement for marking and lighting of closed Airport facilities will be Lump Sum.

Basis of Payment
106-4.1 Payment will be made at the contract lump sum price for marking and lighting of closed airport facilities.

This lump sum price will be full compensation for furnishing all labor, materials, tools, and incidentals necessary to perform this item of work including but not limited to furnishing, placing, maintaining, and removing barricades and road signage for the Base Bid and Alternates 1 and 2 (if accepted).

Payments will be made for marking and lighting of closed airport facilities on a monthly basis with the monthly progress payments. The percentage of marking and lighting of closed airport facilities payment made will be equal to the percentage of total project, completed, as determined by the Engineer.

Payment will be made under:

Item 106 – 4.1 Marking and Lighting of Closed Airport Facilities - Lump Sum ** END OF SECTION **
General Construction Items - C-110 – Method of Estimating PWL GC-17 ITEM C-110 METHOD OF ESTIMATING PERCENTAGE OF

MATERIAL WITHIN SPECIFICATION LIMITS (PWL)
110-1 General. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (Sn) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index, QL for Lower Quality Index and/or QU for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure.

There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor’s risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment.

The Owner’s risk is the probability that material produced at the rejectable quality level is accepted.

It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor’s risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified.
110-2 Method for computing PWL. The computational sequence for computing PWL is as follows:
a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification.
b. Locate the random sampling position within the sublot in accordance with the requirements of the specification.
c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Find the sample average (X) for all sublot test values within the lot by using the following formula:

X = (x1 + x2 + x3 + . . .xn) / n
Where: X = Sample average of all sublot test values within a lot x1, x2, . . .xn = Individual sublot test values
n = Number of sublot test values
e. Find the sample standard deviation (Sn) by use of the following formula:

Sn = [(d12 + d22 + d32 + . . .dn2)/(n-1)]1/2
Where: Sn = Sample standard deviation of the number of sublot test values in the set d1, d2, . . .dn = Deviations of the individual sublot test values x1, x2, … from the average value X
General Construction Items - C-110 – Method of Estimating PWL GC-18 that is: d1 = (x1 - X), d2 = (x2 - X) … dn = (xn - X)
n = Number of sublot test values
f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula:

QL = (X - L) / Sn
Where: L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL.
g. For double-sided specification limits (i.e., L and U), compute the Quality Indexes QL and QU by use of the following formulas:

QL = (X - L) / Sn
and
QU = (U - X) / Sn
Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below PU for each tolerance limit.

If the values of QL fall between values shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the following formula:

PWL = (PU + PL) - 100
Where: PL = percent within lower specification limit
PU = percent within upper specification limit
General Construction Items - C-110 – Method of Estimating PWL GC-19

EXAMPLE OF PWL CALCULATION
Project: Example Project
Test Item: Item P-401, Lot A.

A. PWL Determination for Mat Density.

1. Density of four random cores taken from Lot A.

A-1 = 96.60
A-2 = 97.55
A-3 = 99.30
A-4 = 98.35
n = 4

2. Calculate average density for the lot.

X = (x1 + x2 + x3 + . . .xn) / n
X = (96.60 + 97.55 + 99.30 + 98.35) / 4
X = 97.95% density

3. Calculate the standard deviation for the lot.

Sn = [((96.60 - 97.95)2 + (97.55 - 97.95)2 +(99.30 -97.95)2 + (98.35 -97.95)2 )) / (4 - 1)]
1/2
Sn = [(1.82 + 0.16 + 1.82 + 0.16) / 3]
1/2
Sn = 1.15

4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X -L) / Sn
QL = (97.95 - 96.30) / 1.15
QL = 1.4348

5. Determine PWL by entering Table 1 with QL= 1.44 and n= 4.

PWL = 98
B. PWL Determination for Air Voids.

1. Air Voids of four random samples taken from Lot A.

A-1 = 5.00
A-2 = 3.74
A-3 = 2.30
A-4 = 3.25

2. Calculate the average air voids for the lot.

X = (x1 + x2 + x3 . . .n) / n
X = (5.00 + 3.74 + 2.30 + 3.25) / 4
X = 3.57%

3. Calculate the standard deviation Sn for the lot.

Sn = [((3.57 - 5.00)2 + (3.57 - 3.74)2 + (3.57 - 2.30)2 + (3.57 -3.25)2 ) / (4 - 1)]
1/2
Sn = [(2.04 + 0.03 + 1.62 + 0.10) / 3]
1/2
General Construction Items - C-110 – Method of Estimating PWL GC-20 Sn = 1.12

4. Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn
QL = (3.57 - 2.00) / 1.12
QL = 1.3992

5. Determine PL by entering Table 1 with QL = 1.41 and n = 4.

PL = 97

6. Calculate the Upper Quality Index QU for the lot. (U= 5.0) QU = (U - X) / Sn
QU = (5.00 - 3.57) / 1.12
QU = 1.2702

7. Determine PU by entering Table 1 with QU = 1.29 and n = 4.

PU = 93

8. Calculate Air Voids PWL
PWL = (PL + PU) - 100
PWL = (97 + 93) - 100 = 90
EXAMPLE OF OUTLIER CALCULATION (REFERENCE ASTM E178)
Project: Example Project
Test Item: Item P-401, Lot A.

A. Outlier Determination for Mat Density.

1. Density of four random cores taken from Lot A arranged in descending order.

A-3 = 99.30
A-4 = 98.35
A-2 = 97.55
A-1 = 96.60

2. From ASTM E178, Table 1, for n=4 an upper 5% significance level, the critical value for test criterion = 1.463.

3. Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average:

If (measurement - average)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier.

For A-3, check if (99.30 - 97.95) / 1.15 is greater than 1.463.

Since 1.174 is less than 1.463, the value is not an outlier. b. For measurements less than the average:

If (average - measurement)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier.

General Construction Items - C-110 – Method of Estimating PWL GC-21 For A-1, check if (97.95 - 96.60) / 1.15 is greater than 1.463.

Since 1.435 is less than 1.463, the value is not an outlier.

Note: In this example, a measurement would be considered an outlier if the density were:

Greater than (97.95 + 1.463 × 1.15) = 99.63%
OR
less than (97.95 - 1.463 × 1.15) = 96.27%.

Table 1. Table for Estimating Percent of Lot Within Limits (PWL) Percent Within
Limits
(PL and PU)
Positive Values of Q (QL and QU)
n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10
99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 General Construction Items - C-110 – Method of Estimating PWL GC-22 Negative Values of Q (QL and QU)
n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10
49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 General Construction Items - C-110 – Method of Estimating PWL GC-23

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 E178 Standard Practice for Dealing with Outlying Observations END OF ITEM C-110
General Construction Items - C-110 – Method of Estimating PWL GC-24 Page Intentionally Left Blank
PART C

DIVISION III

CONTRACT PROVISIONS FOR OBLIGATED SPONSORS AND

AIRPORT IMPROVEMENT PROGRAM PROJECTS

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-1
Division III – Federal Provisions
Part C - Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
C1 ACCESS TO RECORDS AND REPORTS
2 CFR § 200.334
2 CFR § 200.337
FAA Order 5100.38

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.

C2 AFFIRMATIVE ACTION REQUIREMENT
41 CFR Part 60-4
Executive Order 11246

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY

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:

Timetables
Goals for minority participation for each trade: 24.6%
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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-2
geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

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

Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director 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 California, Madera County, Madera.

C3 BREACH OF CONTRACT TERMS
2 CFR Part 200, Appendix II(A)

BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor 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 the 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.

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C4 BUY AMERICAN PREFERENCE
Title 49 USC § 50101
Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers

FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration 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.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark (9) or the letter “X”.
† Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing iron, steel and manufactured products produced in the United States; b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or 1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

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additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:
a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product. b) To faithfully comply with providing U.S. domestic products. c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. d) Certify that all construction materials used in the project are manufactured in the U.S. † The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;
c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

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Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including; b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.
d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component; d) Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature
Company Name Title
C5 CIVIL RIGHTS - GENERAL
49 USC § 47123

GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authoritiesto ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

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The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

C6 CIVIL RIGHTS – TITLE VI ASSURANCE
49 USC § 47123
FAA Order 1400.11
Title VI Solicitation Notice:

The City of Madera, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 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 USC § 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 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (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 (42 USC § 12101, et seq) (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) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
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• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

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:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination 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:

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a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

C7 CLEAN AIR AND WATER POLLUTION CONTROL
2 CFR Part 200, Appendix II(G)
42 USC § 7401, et seq
33 USC § 1251, et seq

CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.

The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceed $150,000.

C8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT

REQUIREMENTS
2 CFR Part 200, Appendix II(E)
2 CFR § 5.5(b)
40 USC § 3702
40 USC § 3704

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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
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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 $29 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 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.

C9 COPELAND “ANTI-KICKBACK” ACT
2 CFR Part 200, Appendix II(D)
29 CFR Parts 3 and 5
COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 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.

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C10 DAVIS-BACON REQUIREMENTS
2 CFR Part 200, Appendix II(D)
29 CFR Part 5
49 USC § 47112(b)
40 USC §§ 3141-3144, 3146, and 3147

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 § 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) of this section) and the Davis-Bacon poster (WH1321) 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;
(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.

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(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, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (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, 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 the 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.

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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 that 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 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 https://www.dol.gov/agencies/whd/governmentcontracts/construction/payroll-certification 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:

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(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, 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-14
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 Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, 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 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 that 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.

6. Subcontracts.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-15
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 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 § 5.5.

7. 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.

8. 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.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. 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 USC § 1001.

C11 DEBARMENT AND SUSPENSION
2 CFR Part 180 (Subpart B)
2 CFR Part 200, Appendix II(H)
2 CFR Part 1200
DOT Order 4200.5
Executive Orders 12549 and 12689

CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-16

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

C12 DI SADVANTAGED BUSINESS ENTERPRISE
49 CFR Part 26
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Madera to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract.

The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

Contract Assurance (49 CFR § 26.13)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime contractor receives from City of Madera. The prime contractor agrees further to return retainage payments to each subcontractor within 7 days after the subcontractor’s work is satisfactorily completed. Any delay or Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-17
postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Madera. This clause applies to both DBE and non-DBE subcontractors.

Prompt Payment of Retainage: From the total of the amount determined to be payable on a partial payment, 5 percent of such total amount will be deducted and retained by the Sponsor for protection of the Sponsor’s interests. Unless otherwise instructed by the Sponsor, the amount retained by the Sponsor will be in effect until the final payment is made except as follows:
1) Contractor may request release of retainage on work that has been partially accepted by the Sponsor in accordance with Section 50-14. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Sponsor for partially accepted work. 2) In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08.

The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 7 days after the Contractor has received a partial payment. Contractor must provide the Sponsor evidence of prompt and full payment of retainage held by the prime contractor to the subcontractor within 7 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Sponsor. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Sponsor’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Sponsor may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.

Prompt Payment Enforcement: Failure by the contractor to carry out the prompt payment requirements is a material breach of this contract, which may result in termination of this contract or other remedy as the recipient deems appropriate, which may include but is not limited to:
1) Withholding Payment of the amount of funds due to the subcontractor(s) from the prime contractor’s pay request until confirmation of payment is received from the subcontractor or the prime contractor provides proof of payment.
2) Issuing a Stop-Work Order until payments are released to the subcontractor(s), specifying in the contract that such orders constitute unauthorized delays for the purposes of calculating liquidated damages if milestones are not met.
3) Assessing Liquidated Damages against the prime contractor for each day beyond the required time period the prime contractor fails to pay the subcontractor(s). 4) Disqualify the Contractor from future bidding opportunities as non-responsible.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-18
C13 DISTRACTED DRIVING
Executive Order 13513
DOT Order 3902.10

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 Federal Aviation Administration 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 subgrant.

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 $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

C14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT
2 CFR § 200, Appendix II(K)
2 CFR § 200.216

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

C15 EQUAL EMPLOYMENT OPPORTUNITY (EEO)
2 CFR Part 200, Appendix II(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246

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, sexual orientation, gender identity, 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, Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-19
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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such 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 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. (8) The Contractor will include the provisions of paragraphs (1) through (8) 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 may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-20
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; 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 part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-21
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas 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 nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-22
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 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 female youth both on the site and in other areas of a contractor’s work force. 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-23
activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate or singleuser 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 group 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, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

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, sexual orientation, gender identity, 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-24
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 part 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 numbers, 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).

C16 F EDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 USC § 201, et seq
2 CFR § 200.430
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, 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.

C17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
31 USC § 1352 – Byrd Anti-Lobbying Amendment
2 CFR Part 200, Appendix II(I)
49 CFR Part 20, Appendix A

CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-25
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C18 PROHIBITION OF SEGREGATED FACILITIES
2 CFR Part 200, Appendix II(C)
41 CFR Part 60-1

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 Employment 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, sexual orientation, gender identity, 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 Employment Opportunity clause of this contract.

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Division III Federal Provisions – Part C CP-26
C19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
29 CFR Part 1910
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. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer 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 (29 CFR Part 1910). The employer 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.

C20 PROCUREMENT OF RECOVERED MATERIALS
2 CFR § 200.323
2 CFR Part 200, Appendix II(J)
40 CFR Part 247
42 USC § 6901, et seq (Resource Conservation and Recovery Act (RCRA))

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 products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:

The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
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/smm/comprehensive-procurementguidelines-construction-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.

C21 TAX DELINQUENCY AND FELONY CONVICTIONS
Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent appropriations acts.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-27
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions

CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (9) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications
The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

C22 TERMINATION OF CONTRACT
2 CFR Part 200, Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09

TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-28
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:

1. Completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;

2. 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;

3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and

4. 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.

TERMINATION FOR CAUSE (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for conditions, rights, and remedies associated with Owner termination of this contract for cause due to default of the Contractor.

C23 TRADE RESTRICTION CERTIFICATION
49 USC § 50104
49 CFR Part 30

TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023
Division III Federal Provisions – Part C CP-29
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

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 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

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

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

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

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Division III Federal Provisions – Part C CP-30
C24 VETERAN’ S PREFERENCE
49 USC § 47112(c)
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 USC § 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.

C25 DOMESTIC PREFERENCES FOR PROCUREMENTS
2 CFR § 200.322
2 CFR Part 200, Appendix II(L)

CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

PART D

DIVISION III

DEPARTMENT OF LABOR WAGE RATE DETERMINATIONS

PART D

DEPARTMENT OF LABOR WAGE DETERMINATION
General Wage Decision No. CA20220018 Division III, Part D – Page WD-1

DIVISION IV

SPECIAL CONDITIONS
Division IV Special Conditions
Page SC-1

DIVISION IV

SPECIAL CONDITIONS
(1) LOCATION
The site of the work is at Madera Municipal Airport, Madera, California. Prior to the submission of a bid, each bidder shall visit the site and acquaint themselves with local conditions, including but not limited to roads available, source of materials, water, electric power, and the relation of the finished grade to the existing grade.
(2) WORK TO BE DONE
The work to be done under this contract consists of furnishing all materials, plant and equipment, and performing all necessary labor for the construction of the work in accordance with the prepared plans, specifications, and special provisions and/or as directed by the City or its authorized representative(s). This work consists of the following:

Rehabilitate Apron A2 and Hangar Taxilanes - Removal of the existing asphalt surface course and aggregate base course, recompaction of the existing aggregate base course, and the placement of new asphalt surface course. New airfield markings will be installed. This project is being bid with a Base Bid and two alternates, asshown on the Construction Safety and Phasing Plan, Sheet No. 2 of the Construction Drawings. (3) PLANS AND SPECIFICATIONS
The work shall conform to the plans and specifications marked, Madera Municipal Airport, Rehabilitate Apron A2 and Hangar Taxilanes, AIP No. 3-06-0144-___-2025, IFB 202425-24.

In case of conflict between the plans, specifications and other contract documents, these documents shall govern in the following order:
1st Change Order or Supplemental Agreement
2nd Contract/Agreement
3rd Addenda to the Plans and Specifications
4th Bid Proposal
5th Technical Provisions
6th Special Conditions
7th Construction Plans
8th FAA General Contract Provisions
9th FAA General Construction Items
10th FAA Specifications and Advisory Circulars
11th State Standard Plans and Specifications
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(4) LAWS TO BE OBSERVED
In addition to the general requirements included in Item 70-01 of the Federal General Provisions, Contractor's attention is directed to, and Contractor shall be responsible for conducting the project in compliance with all laws of the State of California governing the construction of public works, including, without limitation, the following:
a. The California Health and Safety Code and all applicable administrative code regulations adopted pursuant thereto.
b. All laws governing the employment of labor, qualifications for employment of aliens, payment of employees, convict-made materials, domestic and foreign materials, and accident prevention. c. Title XIX of the California Code of Regulations entitled, "Public Safety," Chapter 1, State Fire Marshal, subchapter 1, "General Fire and Panic Safety". d. General Industrial Safety Orders. Contractor, and all subcontractors, shall observe and conform to the provisions of Title VIII of the California Code of Regulations relating to safe and proper use, construction, disposal, etc., of materials, machinery, and building appurtenances as therein set forth.
e. Rules and regulations of local utilities.
f. Local City and/or County ordinances.
g. Code rules and safety orders. All work and materials shall be in full accordance with the latest rules and regulations of the State Fire Marshal; the National Board of Fire Underwriters; the National Electrical Code; State Industrial Accident Commission's Safety Orders; the safety orders of the Division of Industrial Safety; and Department of Industrial Relations. h. The Contractor shall conform to the requirements of Section 4216 of the Government Code, as latest amended, relating to subsurface installations.

All of the above laws and regulations are expressly incorporated in this contract and are as much a part of the Contract Documents as if they were incorporated in their entirety in these general provisions.

Nothing in the specifications is to be construed to permit work not conforming to the above, and expense in compliance with the above work shall be borne by the Contractor. Whenever the specifications and working details require higher standards or larger sizes than those required by the ordinances, codes and statutes, the specifications and working details shall take priority over the ordinances, codes and statutes.

The Contractor shall not interpret the enumeration set forth above as being a complete listing of all applicable laws. It is the Contractor's responsibility to keep informed regarding the requirements of all applicable laws and to obey them, and Contractor agrees by execution of the Contract Documents to do so at his/her sole cost, expense, and risk.

All work, materials, work safety procedures and equipment shall be in full accordance with the latest Cal/OSHA rules and regulations.

Contractor warrants that Contractor and each of his/her subcontractors shall, in performance of this contract, comply with each and every compliance order issued pursuant to Cal/OSHA. The Contractor assumes Division IV Special Conditions
Page SC-3
full and total responsibility for compliance with Cal/OSHA standards by his/her subcontractors as well as by the Contractor. The cost of complying with any compliance order and/or payment of any penalty assessed pursuant to Cal/OSHA shall be borne by the Contractor. Contractor shall save, keep and hold harmless the Owner, and all officers, employees, and agents thereof, from all liabilities, costs, or expenses, in law or in equity, that may at any time arise or be set up because of Contractor's or a subcontractor's non-compliance or alleged non-compliance with Cal/OSHA requirements. Nothing contained herein shall be deemed to prevent the Contractor and his/her subcontractors from otherwise allocating between themselves responsibility for compliance with Cal/OSHA requirements; provided, however, that the Contractor shall not thereby be, in any manner whatsoever, relieved of his/her responsibility to the Owner as hereinabove set forth. (5) LAWS AFFECTING PUBLIC WORKS
Attention to bidders is called to necessity of being familiar with the various Federal, state and local laws affecting public work, especially (but not limited to) those laws relating to hours of employment, minimum wages, payment of wages, sanitary and safety conditions for workers, worker's compensation insurance, type and kind of materials that can be used, non-discrimination in employment and affirmative action programs. Federal monies are to be utilized by Owner for this Project, and Contractor shall comply with applicable regulations and hold harmless the Owner for its failure to comply. Certain of those provisions are set forth herein. The existence of these provisions does not excuse the Contractor from complying with other statutory requirements or provisions which are not set forth in these contract documents.
(6) LIMITS OF CONSTRUCTION
The Contractor's personnel and equipment shall be limited to the construction areas shown on the plans and along the adjacent public areas by permission of the Resident Project Representative (RPR). Contractor agrees to implement such security measures as are necessary to assure compliance with Federal Aviation Administration, state, and local airport regulations. Access to runways, taxiways and aircraft parking aprons for any reasons other than construction will not be permitted. (7) PROGRESS OF WORK AND TIME OF COMPLETION
Contract Time: The contract time for the completion of the total project shall be thirty seven (37) working days, consisting of twenty five (25) working days for the Base Bid, six (6) working days for Alternate 1, and six (6) working days for Alternate 2. All work covered by this contract including inspection and approval shall be completed within the working days allowed from the date of written notice by the City to begin work. The counting of working days shall begin the first working day following receipt of Notice to Proceed issued by the Owner, but no later than ten (10) working days after receipt of Notice to Proceed.

Liquidated damages will be charged at the rate of $3,000 per calendar day for each day that the contract time exceeds the total contract time for the project.

Before beginning any work on this project, the Contractor shall prepare and submit for approval a detailed scheduling plan and staging plan showing time and type of work to be performed.

If said Contractor shall be delayed in said work by the acts or neglect of said Owner, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strike, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner agrees to in writing.

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This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents.
(8) CLOSURES OF RUNWAY, TAXIWAYS, AND APRONS
Portions of Taxiway P, Apron A2 and Hangar Taxilanes will be closed at various times during the construction of this project as shown on Sheet No. 2, Construction Safety and Phasing Plan. All other areas of the airport will be open for aircraft operations. The staging of the project showing facilities to be closed during each stage is as follows:

Stage Contractor's Work Contractor's Work Area Facility Closure Base Bid Rehabilitate Apron A2 and
Taxilane
Apron A2 and Taxilane Apron A2 and Taxilane. Periodic
Daytime Closures of Taxiway P with
48 hours’ Notice.

Alternate 1 Rehabilitate Apron A2 Apron A2 Apron A2
Alternate 2 Rehabilitate Apron A2 Apron A2 Apron A2. Periodic Daytime Closures of Taxiway P with 48 hours’
Notice.

There will be no need for the Contractor to cross an active runway during the construction of this project.

Work Area 2 is the portion of the Base Bid and Alternate 2 located within the Taxiway P Object Free Area (TOFA), which extends to 62 feet from the taxiway centerline. Work Area 1 includes all other portions of the project designated to be rehabilitated.

When construction activity is scheduled to occur within the TOFA of Taxiway P, Contractor shall submit a detailed schedule a minimum of one week in advance of such activity and verify closure of the taxiway 48 hours prior to placing barricades. Contractor shall furnish, install, and maintain barricades to close that portion of the taxiway in which the Contractor is working.

Barricades shall be placed closing Taxiway C and the portion of Taxiway P adjacent to Work Area 2 while personnel or equipment are operating within that area. Daytime closure of Taxiways C and P shall be limited to a total of 10 days. Work may occur concurrently in Work Areas 1 and 2.

Construction shall be limited to no closer than 75 feet from the active runway centerline and 39.5 feet from the active taxiway centerline. The Runway Safety Area beyond the runway threshold will be maintained at 300 feet.

During the construction of this project and where noted, Contractor shall provide a qualified flagger to monitor airport frequency 122.8 MHZ and control Contractor’s personnel and equipment anytime Contractor is crossing Taxiway P. Contractor’s qualified flagger shall complete training course provided by the Airport and will be approved by the Airport. Contractor shall provide all necessary radios to monitor airport frequency 122.8.

There are vehicle and aircraft restrictions to the hangars in the project areas as shown on the Construction Safety and Phasing Plan and as follows:

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Hangar Area Restrictions:

Hangar 1 – No vehicle or aircraft access to north side of hangar.

Hangar 2 – No vehicle, pedestrian, or aircraft access to hangar.

Hangar 3 – Access by vehicle, pedestrian, or aircraft tow limited to before 7:00 a.m. and after 5:00 p.m. on designated route.

Hangar 4 – Access by vehicle, pedestrian, or aircraft tow limited to before 7:00 a.m. and after 5:00 p.m. on designated route.

Hangar 5 – Vehicle access to hangar limited to using Gate G4.

Hangar 6 – No vehicle or aircraft access to south side of hangar. Use Gate G4.

Hangar 7 – No vehicle or aircraft access to south side of hangar. Use Gate G4. Fuel truck access limited to designated route shown on Exhibit 1.

Hangar 8 – Aircraft access by towing limited to maximum of 5 times per day during hours of 7:00 a.m. to 5:00 p.m. Hangar owner will provide minimum one (1) vehicle flagger and one (1) wing walker during tow.

No vehicle or aircraft access to Hangars 2-4 and 6-8 for two weeks during final AC removal, AB preparation, prime coat, and new AC paving. Toe access route to Hangars 3 and 4 dependent on award of Alternate 1. Route shown is for Base Bid only. Hangar 5 will continue to have aircraft access.

Where noted Airport will provide a qualified flagger to monitor airport frequency 122.8 MHZ and control Contractor’s personnel and equipment.

Contractor shall have on site a vacuum sweeper to keep clean all haul roads on existing airfield pavements.

Lighted barricades and road signage shall be erected at the locations as shown on the Construction Safety and Phasing Plan, Sheet No. 2, and as directed by the RPR. Contractor shall at all times maintain automobile access to the airport. All barricades shall be placed 20 feet back from the edge of an active runway, taxiway, or apron.

The contractor shall provide suitable lighted barricades to assure closure of portions of the Airport as shown on the plans or as directed by the RPR. The barricades shall be suitably lighted barricades to assure closure of portions of the Airport as shown on the plans or as directed by the RPR unless otherwise shown.

These barricades shall be 10” high. These barricades shall be spaced not more than four (4) feet apart and shall be weighted so that they will not be overturned by wind blast. The lights shall be flashing red and have at least five (5) candelas effective intensity for night marking. The barricades shall be painted alternate orange and white diagonal striping. The Contractor shall maintain these lighted barricades in good operating condition.

Payment for the furnishing, maintaining, operating, and placing of lighted barricades or temporary markings will be made under Item C-106 of these specifications.

In areas of closure, some road signs shall be placed as shown on the plans and specified in Item C106 of these specifications.

It shall be the Contractor’s responsibility to require all personnel to observe the safety requirements of the Airport to restrict all personnel and equipment to the work and storage areas assigned to the Contractor.

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(9) CONSTRUCTION SCHEDULE
The sequence of construction shall be as shown on the plans or as directed by the RPR. The Contractor shall develop a schedule of operations in graphic form. This schedule shall show the proposed construction schedule for various items and phases of work and shall also provide space to show the current status of the work. This schedule shall show both calendar and working days on the construction time line.

The Contractor shall submit the schedule for approval. No work shall be started until the construction schedule has been approved.

The Contractor shall maintain a copy of this schedule on the project site. A two-week look-ahead schedule shall be updated and submitted to the RPR for approval weekly at the weekly construction meeting.
(10) WATERING.

Water, when required, shall be applied at the locations, in the amounts, and during the hours, including nights, as directed by the RPR. Water for purposes of this contract shall be furnished by the Contractor.

Conveyance of water to the points of usage shall be the Contractor’s responsibility. Contractor shall supply necessary hoses to supply his requirements. The equipment used for watering shall be of ample capacity and of such design as to assure uniform application of water in the amounts directed by the RPR.

The contractor shall obtain all permits and pay all fees as required for the development of the water supply.

Water is available from the City fire hydrant. If water is obtained from the City, the Contractor must obtain and install a water meter and pay a monthly charge and deposit for the water. The use requirements are as follows:

1. Only one particular fire hydrant will be designated by the Department of Public Works for use by construction contractors.

2. Only approved fire hydrant wrenches may be used on any City of Madera hydrant.

3. Cap must be replaced on hydrant to protect threads between each load.

4. Open and close hydrant valve slowly to prevent water hammer damage to water mains and laterals.

5. An approved external air gap separating the supply line from the water tank must be permanently mounted on the water tank. An approved and certified back flow prevention device may be used if water tank does not contain an approved air gap.

6. Shut-off valve must be used and approved by the City if more than ten loads of water are to be utilized per day.

No separate payment shall be made for watering, but it shall be considered as a subsidiary obligation of the Contractor covered under the respective items of work.

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(11) HAULING ROUTES ON AIRPORT PROPERTY
In order to avoid confusion with vehicles during the construction and to avoid damage to the existing pavement and to the adjacent lands, the Contractor's equipment shall be restricted to certain hauling routes as shown on the plans. Certain haul roads are on the secure portion of the airfield. These haul roads will only be open to the Contractor during the normal work hours. The roads that are outside of the airport secure area will be open to the Contractor at all times. Portions of the road referred to in this paragraph may consist of unimproved ground. If the Contractor should find that it is desirable to improve this road, he may do so but will receive no payment for any improvements that he may make. At certain areas this road may cross existing roads. It shall be the responsibility of the Contractor to provide adequate safeguards, including flaggers, so that the operation of the Airport or public travel will not be hindered. In addition, it shall be the responsibility of the Contractor to repair any damage caused by his equipment to these paved areas. Vehicle loads shall not exceed legal highway load limits.

Access to the construction site will be off Airport Drive as shown on the CSPP drawing. The Contractor shall obtain all necessary permits to enter the work areas from these roads; shall provide the necessary signs, marking and flaggers to protect the public in these areas. The Contractor shall grade, maintain and control dust on these haul roads during use.

At the completion of the work, all haul roads in unpaved areas shall be restored to the conditions existing prior to the start of the work.
(12) CONTRACTOR'S STORAGE AND STAGING AREA
The proposed location has been shown on the plans for the Contractor's Storage and Staging Area.

Contractor shall coordinate with the RPR and Airport Manager for control access to the designated Contractor’s entrance gate for the Storage and Staging Area.

It shall be the responsibility of the Contractor to determine the availability of water, power, gas, and electricity for this area. He shall make all necessary arrangements to provide these services to meet his requirements and shall pay the specified utility company for such services.

Stockpiles shall be limited to a height of three (3) feet and shall be clearly marked and lighted during hours of restricted visibility or darkness.

The Contractor shall supply and maintain at his expense such toilet and other sanitary facilities as are necessary for his personnel in this area. Such facilities shall conform to the requirements of the City of Madera Health Department.

At completion of the contract, the Contractor shall remove all plant, equipment, stockpiles, etc., from the work area. Contractor shall restore all work areas and haul roads to the original condition prior to any work in the area. Contractor shall not receive any separate payment for any of this restoration or clean up. (13) MARKING OF CONSTRUCTION EQUIPMENT
All construction equipment shall display orange and white checkered flags, 3'x3'. These flags shall be so located on the equipment as to be plainly visible to all aircraft. No equipment shall be parked on or over the paved area of the airfield or within the runway protection zone. Parking areas for equipment will be designated by the RPR. During any night work all equipment shall use flashing amber lights located in clearly visible locations.

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(14) AIRCRAFT RIGHT OF WAY AND ACCESS
Aircraft shall at all times have the right of way. Aircraft shall have access to all airport facilities at all times during the construction of this project, except the areas of closure as noted in Article (8) of these Special Conditions. All aircraft shall at all times be protected from all equipment, materials, and dust.

Contractor will be required to initiate effective dust control measures as needed at no additional cost to Owner. (15) PROTECTION OF CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU

FACILITIES
Due to the critical nature of certain utilities to the operation of the Airport, the following Special Provisions for Protection of Cables, Controls, and Navaids shall apply:

The Contractor is hereby informed that there are installed on the Airport certain structural facilities served by underground cable and other electric power cables serving other facilities. Such facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of changes in weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the RPR acting under the orders and instructions of the airport management. Any instructions to the Contractor to clear any given area, at any time, by the RPR or Airport Management (by radio or other means) shall be immediately executed.

Construction work shall be commenced in the cleared area only when additional instructions are issued by the proper authorities.

Power and control cables leading to and from any facilities will be marked in the field by the RPR for the information of the Contractor before any work in their general vicinity is started. Thereafter, through the entire time of this construction, they shall be protected from any possible damage, including crossing with unauthorized equipment, etc.

Not less than two full working days prior to performing any excavation, the Contractor shall notify Underground Service Alert (USA) by calling 811. The location of the subsurface installations shall be in accordance with Section 4216 of the Government Code, as latest amended. No excavation shall be performed until the subsurface installations have been located, hand excavated and identified. These special provisions intend to make perfectly clear the need for protection of cables and other electrical facilities by this Contractor at all times.

The Contractor shall immediately repair, with identical material by skilled workmen, any underground cables serving airport facilities which are damaged by his workmen, equipment, or work.

Prior approval of the RPR or of the representative designated by Airport Management must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any airport facilities and cables damaged by this Contractor.

It is recognized that the Owner will incur costs for employees' salaries, engineering fees and otherwise in connection with the damage, inspection and repair of any such damage caused by the Contractor; and consequently that the Owner may incur loss of income by reason of the diversion of aircraft traffic from the airport resulting from interruption of the use of airport facilities; and that such expenses and loss of income are not measurable now and may not be reasonably ascertainable at the time of any incident caused by the Contractor. The Owner and the Contractor hereby agree to the assessment of liquidated damages in lieu of such expenses or other damages incurred by the Owner. In addition to the obligation of the Contractor to immediately repair any cables or facilities damaged by the Contractor as set forth above, the sum of $300 shall be deducted from any money due the Contractor; or if no money is due the Contractor, the Owner shall have Division IV Special Conditions
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the right to recover said sum or sums from the Contractor, from the surety, or from both. The amount of these deductions is not considered a penalty.
(16) AIRPORT SECURITY
During the course of the contract, the Contractor shall be responsible for maintaining security against unauthorized access to the Airport. The Contractor will be held responsible for any fines, damages, or civil penalties filed against the Owner for the Contractor's failure to maintain the regulations set forth herein.

In accordance with the requirements of the Federal Aviation Administration as set forth in FAR 107.11(F), the Contractor shall take all steps necessary to assure Owner that the backgrounds of all employees have been checked to the extent necessary to assure that permitting them unescorted access to any area on the airport controlled for security reasons is appropriate. This background check, to the extent allowable by law, shall include at a minimum references and prior employment histories to the extent necessary to verify representations made by the employee relating to employment in the preceding 5 years.

All equipment, vehicle and personnel travel shall be restricted to designated work sites.

Only vehicles used for construction purposes shall enter the work boundaries. Contractor personnel may, however, be allowed to park their personal vehicles within a designated staging area. All vehicles shall have identifying markings on them which show that they are authorized on the Airport. All personnel working on the airport shall wear identification such as badges or hard hats with contractor's logo to show that they are authorized on the airport.

All security measures must be coordinated with Airport Management and the RPR and must be approved prior to implementation.

Only Contractor and subcontractor employees are permitted in the work sites. They must enter and exit the airport areas restricted to public access and airport operations area only through the designated Contractor gates. Contractor shall control these gates such that unauthorized vehicles are not allowed access to the Airport.

The gates used by the Contractor will be the gates located as shown on the Construction Safety and Phasing Plan (CSPP) and will be kept locked except for entrance of approved personnel and equipment or will be manned by Contractor-furnished trained flaggers to control entrance to the airport. All gates used by the Contractor shall remain closed at all times except when authorized equipment is actually entering the airport. Contractor shall provide a flagger, trained for the airport and place the flagger at the open gate to keep unauthorized personnel and wildlife from entering the airport. The fence, designated Contractor gates, and secure areas on the airport are shown on the CSPP Drawing. Contractor will post a sign reading “Contractor’s Work Entrance Only.” Contractor will be responsible for security of the entrance during Contractor’s working hours.

Contractor shall maintain access to the airport through one of the gates at all times. Contractor shall install “Airport Access” signage to direct traffic to the gate in use.

In the event of an emergency, personnel and equipment shall be moved immediately at the direction of Airport Management or the RPR.
(17) AVIATION SAFETY REQUIREMENTS DURING CONSTRUCTION (AC 150/5370-2G) - An Airport Construction Safety and Phasing Plan (CSPP) has been prepared to outline all safety issues related to the proposed construction. This CSPP is included in these specifications as Appendix A.

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The Contractor will be required to submit all reports designated in the CSPP and implement all safety measures set forth in this plan.

A. SAFETY PLAN COMPLIANCE DOCUMENT – Prior to issuance of Notice to Proceed by the Owner, the Contractor shall complete a Safety Plan Compliance Document (SPCD) detailing how he/she will comply with the Construction Safety and Phasing Plan (CSPP). The SPCD should include a general statement by the construction contractor that he/she has read and will abide by the CSPP. In addition, the SPCD must include all supplemental information that could not be included in the CSPP prior to the contract award. The contractor statement should include the name of the contractor, the title of the project CSPP, the approval date of the CSPP, and a reference to any supplemental information (that is, “I , Name of Contractor, have read the Title of Project CSPP, approved on Date , and will abide by it as written and with the following additions as noted:”). The supplemental information in the SPCD should be written to match the format of the CSPP indicating each subject by corresponding CSPP subject number and title. If no supplemental information is necessary for any specific subject, the statement, “No supplemental information,” should be written after the corresponding subject title. The SPCD should not duplicate information in the CSPP.

This SPCD shall be submitted to the Owner for approval prior to start of construction and shall include the following:
(1) Coordination. Discuss details of proposed safety meetings with the airport operator and with contractor employees and subcontractors.
(2) Phasing. Discuss proposed construction schedule elements, including:
(a) Duration of each phase.
(b) Daily start and finish of construction, including “night only” construction. (c) Duration of construction activities during:
i. Normal runway operations.
ii. Closed runway operations
iii. Modified runway “Aircraft Reference Code” usage.
(3) Areas and operations affected by the construction activity. These areas and operations should be identified in the CSPP and should not require an entry in the SPCD.
(4) Protection of NAVAIDs. Discuss specific methods proposed to protect operating NAVAIDs.
(5) Contractor access. Provide the following:
(a) Details on how the contractor will maintain the integrity of the airport security fence (gate guards, daily log of construction personnel, and other). (b) Listing of individuals requiring driver training (for certificated airports and as requested).
(c) Radio communications.

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i. Types of radios and backup capabilities.
ii. Who will be monitoring radios.
iii. Whom to contact if the ATCT cannot reach the contractor’s designated person by radio.
(d) Details on how the contractor will escort material delivery vehicles. (6) Wildlife management. Discuss the following:
(a) Methods and procedures to prevent wildlife attraction. (b) Wildlife reporting procedures.
(7) Foreign Object Debris (FOD) management. Discuss equipment and methods for control of FOD, including construction debris and dust. (8) Hazardous material (HAZMAT) management. Discuss equipment and methods for responding to hazardous spills.
(9) Notification of construction activities. Provide the following:
(a) Contractor points of contact.
(b) Contractor emergency contact.
(c) Listing of tall or other requested equipment proposed for use on the airport and the timeframe for submitting 7460-1 forms not previously submitted by the airport operator.
(d) Batch plant details, including 7460-1 submittal, if applicable. (10) Inspection requirements. Discuss daily (or more frequent) inspections and special inspection procedures.
(11) Underground utilities. Discuss proposed methods of identifying and protecting underground utilities.
(12) Penalties. Penalties are identified in the CSPP and do not require an entry in the SPCD. (13) Special conditions. Discuss proposed actions for each special condition identified in the CSPP.
(14) Runway and taxiway visual aids. Including marking, lighting, signs, and visual NAVAIDs. Discuss proposed visual aids including the following:
(a) Equipment and methods for covering signage and airfield lights. (b) Equipment and methods for temporary closure markings (paint, fabric, other). (c) Types of temporary Visual Guidance Slope Indicators (VGSI). (15) Marking and signs for access routes. Discuss proposed methods of demarcating access routes for vehicle drivers.

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(16) Hazard marking and lighting. Discuss proposed equipment and methods for identifying excavation areas.
(17) Protection of runway and taxiway safety areas. including object free areas, obstacle free zones, and approach/departure surfaces. Discuss proposed methods of identifying, demarcating, and protecting airport surfaces including:
(a) Equipment and methods for maintaining Runway and Taxiway Safety Area standards.
(b) Equipment and methods for separation of construction operations from aircraft operations, including details of barricades.
(18) Other limitations on construction should be identified in the CSPP and should not require an entry in the SPCD.

B. GENERAL SAFETY REQUIREMENTS
Throughout the construction project, the following safety and operational practices should be observed:
• Operational safety should be a standing agenda item during progress meetings throughout the construction project.
• The Contractor and airport operator shall perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change.
• Airport aprons and taxiways remain in use by aircraft to the maximum extent possible. • Aircraft use of areas near the Contractor’s work will be controlled to minimize disturbance to the Contractor’s operation.
• Contractor, sub-contractor, and supplier employees or any other unauthorized persons must be restricted from entering or remaining in airport area that would be hazardous. • Construction that is within the safety area of an active runway, taxiway or apron that is performed under normal operational conditions must be performed when the runway, taxiway or apron is closed or restricted and initiated only with prior permission from the airport operator.
• The contracting officer, airport operator, or other designated airport representative may order the Contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed.

C. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE
Before beginning any construction activity, the contractor must, through the airport operator, give notice (using the Notice to Airmen (NOTAM) System) of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOTAM System. Throughout the duration of the construction project, the contractor must:
• Be aware of and understand the safety problems and hazards described in AC 150/5370- 2F, Operational Safety on Airports During Construction. • Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein.

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• Inspect all construction and storage areas as often as necessary to be aware of conditions. • Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered.

D. APPROACH CLEARANCE TO RUNWAYS
Runway thresholds must provide an unobstructed 20:1 approach surface ratio over equipment and materials.

E. RUNWAY AND TAXIWAY SAFETY AREA (RSA and TSA)
A runway must be closed/partially closed if construction activity will occur within the RSA.

Construction activity within the TSA/obstacle-free zone is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; excavations, trenches, or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity. (1) Procedures for protecting runway edges
• Limit construction to no closer than 150 feet from the runway centerline, unless the runway is closed or restricted to aircraft operations requiring lesser standard RSA that is equal to the RSA available during the construction.
• Prevent personnel, material, and/or equipment from penetrating OFZ. • Coordinate construction activity with the Airport Management, FAA Regional Airports Office, or Airports District Office and through the airport operator issue an appropriate NOTAM.
• Runway 12-30 has a Runway Design Group (RDG) of B II and the runway safety area extends 150 feet each side of centerline. No work shall be performed in the RSA when the surfaces are open for aircraft operations.
(2) Procedures for Protecting Runway Ends
• Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity, unless the runway is closed or restricted to aircraft operations requiring an RSA that is equal to the RSA length available during construction. This may involve the use of declared distances and partial runway closures.
• Ensure all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface as defined in Article 303, “Runway End Siting Requirements,” of AC 150/5300-13A.
• Prevent personnel, material and/or equipment, from penetrating the Object Free Zone (OFZ).
• Ensure adequate distance for blast protection is provided, as needed. • Coordinate construction activity with the Airport Management, FAA Regional Division Office, and, through the airport operator, issue an appropriate NOTAM. • The safety areas beyond the thresholds to Runway 12 and Runway 30 are as follows:

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Runway
End
Number
Airplane
Design
Group
Aircraft
Approach
Category
Minimum Safety
Area Behind
Threshold
Minimum
Unobstructed
Approach Slope
12 30
II
II
B
B
300 ft.
300 ft.
20:1
20:1
F. CLOSED RUNWAY MARKINGS AND LIGHTING
Closed runway marking is not required during the construction of this project.

G. HAZARDOUS AREA MARKING AND LIGHTING
Hazardous areas on the movement area will be marked with barricades as shown on the plans.

The markings restrict access and make hazards obvious to aircraft, personnel, and vehicles.

During periods of low visibility and at night, identify hazardous areas with red flashing lights having at least five (5) candelas effective intensity for night marking. The hazardous area marking and lighting will be supplied by the airport, and are depicted on the plans. There will be no separate payment for hazardous area marking and lighting.

H. VEHICLE OPERATION MARKING AND CONTROL
(1) When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it shall be escorted and properly identified. To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility should be equipped with a flashing dome type light, the color of which is in accordance with local or state codes.
(2) It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be a minimum 8-inch, block-type characters of a contrasting color, and easy to read. They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, all vehicles must display identification media as specified in the approved security plan. (3) Employee parking shall be as shown on the Construction Layout and Safety Plan and designated by the RPR.
(4) Access to the job site shall be as shown on the Construction Layout and Safety Plan and as designated by the RPR.

I. NAVIGATIONAL AIDS
The Contractor must not conduct any construction activity within navigational aids’ restricted areas without prior approval from the local FAA Airway Facilities sector representative.

Navigational aids include instrument landing system components and very high-frequency omnidirectional range, airport surveillance radar. Such restricted areas are depicted on construction plans.

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J. LIMITATIONS ON CONSTRUCTION
Additional limitations on construction shall include:
(1) Prohibit open-flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the RPR. (2) Prominently mark open trenches, excavations, and stockpiled materials at the construction site with alternating orange and white flags and light these obstacles during hours of restricted visibility and darkness.
(3) Marking and lighting of closed, deceptive, and hazardous areas on airports, as appropriate. (4) Constrain stockpiled material to prevent its movement as a result of the maximum anticipated aircraft blast and forecast wind conditions.

K. RADIO COMMUNICATIONS
Vehicular traffic located in or crossing an active movement area must have a working two-way radio in contact with the Airport Manager or be escorted by a flag person. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position.

Construction personnel may operate in a movement area without two-way radio communication provided a NOTAM is issued closing the area and that the area is properly marked to prevent incursions. Two-way radio communications are required on Unicom Frequency 122.800 MH between contractors and the Airport Manager. Continuous monitoring is required.

L. DEBRIS
Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. (18) SUBMITTALS AND/OR SHOP DRAWINGS
a) The specifications indicate the desired equipment and materials as to type and quality.

Wherever proprietary names are listed in these specifications, it shall be interpreted that the words "or approved equal" follow, unless otherwise specified. The words "or approved equal" shall be interpreted as meaning equal in every respect as determined by the RPR. b) Prior to or at the Preconstruction Conference, the Contractor shall submit to the RPR for approval a complete list of all equipment and materials intended to be used on the job. The list shall include the following information for each item.

Name of Item
FAA Specifications Number (If Any)
Manufacturer's Name
Manufacturer's Catalog Number
Size, Type and Rating
c) Prior to or at the Preconstruction Conference the Contractor shall submit to the RPR for approval the following:

Construction Schedule
Safety Plan Compliance Document
Storm Water Pollution Prevention Plan (SWPPP)
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The Quality Control Program shall be submitted 10 calendar days before the Quality Control (QC)/Quality Assurance (QA) workshop, as described in Item C-100 of these specifications.

Construction on this project cannot begin until these submittals have been reviewed and approved.
d) Prior to or at the Preconstruction Conference, the Contractor shall submit to the RPR for approval a Schedule of Values for all Lump Sum items included in the contract. This schedule shall include the item, description, total contract amount, and scheduled payment amounts.

The schedule shall be made out in such form as the Airport, RPR, and Contractor may agree upon and be supported by evidence as to its correctness. This schedule, when approved by the Airport and the RPR, will be used as the basis for making progress payments on all lump sum items, except for those that that have a payment schedule stipulated in their respective specification sections. The Contractor shall take note of the schedules of partial payments that are included in Item C-103, Storm Water Pollution Prevention Plan, Item C-105, Mobilization, and C-106, Marking and Lighting of Closed Airport Facilities. e) Within five (5) calendar days after RPR’s approval of the equipment and materials list, the Contractor shall submit to the RPR for written approval copies of all shop drawings and all equipment and materials submittals. The shop drawings and equipment/materials submittals shall be complete showing all details.
f) The Contractor shall review and sign all shop drawings prior to submitting same for RPR’s approval. All shop drawings received without the Contractor's signature will be subject to return without review or comment.

It shall be the responsibility of the Contractor to specifically point out any variation or discrepancy between the shop drawings or manufacturers' instructions he submits and the Contract Documents. Failure by the Contractor to identify in his letter of transmittal any variation, discrepancy, or conflict with the contract drawings may result in the shop drawing or submittal being returned to the Contractor for resubmittal. g) The shop drawings shall show completely the work to be done, but approval by the RPR shall not be construed as waiving any of the requirements of the contract and particularly shall not be construed as relieving the Contractor of full responsibility for fitting his equipment in the spaces provided; or from responsibility to fulfill the contract at no extra cost to the Owner, within the completion time.
h) The Contractor shall submit electronic copies of all shop drawings and equipment and materials submittals. Fax submittals will only be acceptable as preliminary submittals and are to be followed up with hard copies. Email submittals will be acceptable provided they are legible.
(19) SUBMITTAL AND SHOP DRAWING APPROVALS.

The RPR will review all submittals and shop drawings and return them to the Contractor. If the Contractor's submittal or shop drawings are incomplete or the product submitted does not meet specification requirements, the RPR will reject the submittal or shop drawing and the Contractor will be required to resubmit.

Resubmittals shall address all comments from the RPR. Partial resubmittals may be returned without action.

The review of the first submittal and one resubmittal on any item will be made by the RPR at no cost to the Division IV Special Conditions
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Contractor. The Contractor will be charged for and shall reimburse the Owner for the RPR's costs of reviewing the second and each subsequent resubmittal. The RPR's costs will be charged to the Owner and deducted from the Contractor's progress payments.
(20) VIDEOTAPING
A minimum of one (1) week prior to start of construction, the Contractor shall have video taken where construction is to take place. Such video records/documentation shall be provided to the RPR before construction commences. These videos shall be narrated and shall serve as a record of existing conditions for disputes arising from restoration, and should therefore be taken along the line of construction and site access and staging areas at sufficient detail and in color as necessary to clearly depict details of existing conditions. All videos shall be indexed and catalogued in such a manner that each photographed area is readily identifiable, and shall also indicate the date and time (hour, minutes, and seconds) on which the video was made. The Contractor shall also have video taken of any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video, the area shall be restored as approved by the RPR at Contractor’s expense. All video shall become the property of the Owner.

No separate payment will be made for video documentation. (21) QUALITY CONTROL PROGRAM
The Contractor is responsible for all Quality Control (QC) during the construction of this project, including testing and inspection. The Owner is responsible for Quality Assurance (QA) to confirm that all work has been performed in accordance with the plans and specifications. A Construction Management Plan has been prepared and is included in Appendix D of these specifications. This plan outlines how this project will be managed during construction and includes construction management personnel and resumes, inspection procedures and frequencies, submittal process, quality control testing, quality assurance testing, and test result documentation. The plan and Section C-100 of the F.A.A. General Construction Items shall be used as a guide to the Contractor in preparing Contractor’s Quality Control Program for this project.

The Contractor shall present his/her Quality Control Program to the RPR for review and approval. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been approved by the RPR.

For each item of work, the Contractor shall maintain a summary report of all testing and inspection results. This summary report shall tabulate the daily test results for each item of work. The summary reports shall be updated daily and formally submitted to the RPR as requested, but not less than once per week. If these summary reports are not received by the RPR by Monday morning of each week during construction, the work will be shut down and Contractor shall not be allowed to proceed with the work until the reports have been submitted.

Simultaneously with the contractor’s request for final payment, the contractor shall submit electronic sets of Quality Control Reports consisting of summaries of all testing and inspections conducted during the construction of the project. All test results shall be included in a typed summary table to be approved by the RPR.
(22) CONTRACTOR'S AS-BUILT DRAWINGS
Contractor shall be provided one extra set of working plans and specifications; which Contractor shall keep at the site at all times. The following information shall be inserted and dimensioned on said drawings and Division IV Special Conditions
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specifications, in RED by the Contractor: The exact location of all installations in their finished condition, including all electrical installations; all changes in construction, materials and installed equipment; adequate dimensional data, both horizontal and vertical, to allow location of covered installations; the identification of changes authorized by change order, and the number of that change order. This set of working plans shall be reviewed with the RPR once a month during review of work accomplished to date for use in preparation of the monthly progress payment. Upon completion of the work, said drawings and specifications shall be returned to the Owner prior to the final payment.

Drawings shall be subject to the inspection of the RPR at all times and shall be kept current weekly with all work instructions, change orders, and construction adjustments shown thereon and initialed by the Inspector.

Progress payments or portions thereof may be withheld if drawings are not maintained as stated above.

At the final inspection, the contractor shall submit record drawings to the RPR for review and comment. The work will not be formally accepted until the record drawings are accepted by the RPR.

Prior to release of retainage by the Owner, the Contractor shall deliver to the RPR the Contractor’s set of marked -up drawings as identified above for the RPR’s use in preparing the project record drawings. (23) OPERATION AND MAINTENANCE MANUALS
Not applicable
(24) ANTI-TRUST ASSIGNMENT
By execution of the Contract Documents, or any subcontract awarded by the Contractor, the Contractor or any subcontractor offers and agrees to assign and hereby does assign to the City all rights, title, and interest in and to all causes of action such Contractor or subcontractor may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code, commencing with Section 16700), arising from purchases of goods, services, or materials pursuant to this public works contract or subcontract. This assignment shall be made and shall become effective upon execution of the contract.
(25) CONTRACTOR NOT AGENT, NOR EMPLOYEE
Neither the Contractor nor any subcontractor, or any officer, agent, or employee of either, is, nor shall they represent themselves to be, an officer, agent, or employee of the City for any purpose whatsoever.

No person employed by the Contractor, or by any subcontractors, is, nor shall they be construed to be, in any manner or for any purpose whatsoever, employees of the City. (26) CONTRACTOR'S GUARANTEE
The Owner shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to any building, work or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus and equipment used or installed by him or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event Contractor shall conform with the Plans and Specifications or any written authorized deviation therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to Owner within one (1) year of the date of Division IV Special Conditions
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acceptance of completion of this Contract by the Owner, the Contractor shall forthwith remedy such defect or defects without cost to the Owner.
(27) EXISTING CONDITIONS.

Test borings and tests pits have been excavated throughout the site and the results of these tests are available for inspection. These borings show the conditions prior to the start of any construction on the Airport property. The Owner assumes no responsibility for the accuracy of the data presented. The Contractor shall be responsible for obtaining and verifying any and all soils and subsoil data required to prepare his/her bid.

The Contractor shall be fully responsible for handling any water or water-related problems that may arise during the construction of this project without additional compensation over and above that provided for in the unit prices bid.
(28) COORDINATION MEETING
In order to coordinate the work, a weekly meeting will be held in the Airport Manager's Office, Madera Municipal Airport.

The time of this meeting will be determined at a time convenient to the Owner, RPR and Contractor. The Contractor’s superintendent must attend these meetings.

At this weekly meeting the Contractor shall submit in writing an updated progress report for the total work and a schedule defining the work for the following week. Except for emergencies or unforeseen circumstances, this schedule shall be followed.
(29) TESTING AND ACCEPTANCE OF MATERIALS
All materials in which quality of the product such as gradation, Atterberg Limits, sand equivalent, CBR, etc., is specified, shall meet those specifications when in the final as-compacted condition and not the condition at the stockpile or source of supply. Any deviation from these requirements shall be corrected by removal and replacement with materials that conform to the specifications. When the materials removed are screened and/or blended and reincorporated in the work, the materials as placed shall meet all specification requirements. It shall be the Contractor’s responsibility to coordinate his materials, production and construction procedures so that the final compacted product is acceptable. (30) DETERMINATION OF IN-PLACE DENSITY
Where the determination of in-place dry density for soil or aggregate materials is required, the Owner may determine the in-place density by the use of Nuclear Testing equipment or sand volume equipment. This testing for in-place density shall conform to ASTM Designation D 1556, "Test for Density of Soil In Place by the Sand Cone Method" or ASTM D 6938, “In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth),” using Procedure A, the direct transmission method, and ASTM D 6938 shall be used to determine the moisture content of the material.

In case of dispute in determination of the in-place dry density, the dry density as determined in accordance with ASTM Designation D 1556, "Test for Density of Soil In Place by the Sand Cone Method," shall govern.
** END OF SECTION **
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DIVISION V

TECHNICAL PROVISIONS
Division V Technical Provisions
Page P-152-1
Item P-152 Excavation, Subgrade, and Embankment

DESCRIPTION
152-1.1 This item covers excavation, disposal, placement, and compaction of all materials within the limits of the work required to construct safety areas, runways, taxiways, aprons, and intermediate areas as well as other areas for drainage, building construction, parking, or other purposes in accordance with these specifications and in conformity to the dimensions and typical sections shown on the plans. 152-1.2 Classification. All material excavated shall be classified as defined below:

Muck excavation. Muck excavation shall consist of the removal and disposal of deposits or mixtures of soils and organic matter not suitable for foundation material. Muck shall include materials that will decay or produce subsidence in the embankment. It may consist of decaying stumps, roots, logs, humus, or other material not satisfactory for incorporation in the embankment. 152-1.3 Unsuitable excavation. Unsuitable material shall be disposed in designated waste areas as shown on the plans. Materials containing vegetable or organic matter, such as muck, peat, organic silt, or sod shall be considered unsuitable for use in embankment construction. Material suitable for topsoil may be used on the embankment slope when approved by the RPR.

CONSTRUCTION METHODS
152-2.1 General. Before beginning excavation, grading, and embankment operations in any area, the area shall be prepared in accordance with Item P-207.

The suitability of material to be placed in embankments shall be subject to approval by the RPR. All unsuitable material shall be disposed of off site as shown on the plans.

When the Contractor’s excavating operations encounter artifacts of historical or archaeological significance, the operations shall be temporarily discontinued and the RPR notified per Section 70, paragraph 70-20. At the direction of the RPR, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for their removal. Such excavation will be paid for as extra work.

Areas outside the limits of the pavement areas where the top layer of soil has become compacted by hauling or other Contractor activities shall be scarified and disked to a depth of 4 inches, to loosen and pulverize the soil. Stones or rock fragments larger than 4 inches in their greatest dimension will not be permitted in the top 6 inches of the subgrade.

If it is necessary to interrupt existing surface drainage, sewers or under-drainage, conduits, utilities, or similar underground structures, the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the RPR, who shall arrange for their removal if necessary. The Contractor, at their own expense, shall satisfactorily repair or pay the cost of all damage to such facilities or structures that may result from any of the Contractor’s operations during the period of the contract. a. Blasting. Blasting shall not be allowed.
152-2.2 Excavation. No excavation shall be started until the work has been staked out by the Contractor and the RPR has obtained from the Contractor, the survey notes of the elevations and measurements of the ground surface. The Contractor and RPR shall agree that the original ground lines shown on the original topographic mapping are accurate, or agree to any adjustments made to the original ground lines.

Division V Technical Provisions
Page P-152-2
Digital terrain model (DTM) files of the existing surfaces, finished surfaces, and other various surfaces were used to develop the design plans.

Volumetric quantities were calculated by comparing DTM files of the applicable design surfaces and generating Triangle Volume Reports. Electronic copies of DTM files and a paper copy of the original topographic map will be issued to the successful bidder.

Existing grades on the design cross sections or DTM’s, where they do not match the locations of actual spot elevations shown on the topographic map, were developed by computer interpolation from those spot elevations. Prior to disturbing original grade, Contractor shall verify the accuracy of the existing ground surface by verifying spot elevations at the same locations where original field survey data was obtained as indicated on the topographic map. Contractor shall recognize that, due to the interpolation process, the actual ground surface at any particular location may differ somewhat from the interpolated surface shown on the design cross sections or obtained from the DTM’s. Contractor's verification of original ground surface, however, shall be limited to verification of spot elevations as indicated herein, and no adjustments will be made to the original ground surface unless the Contractor demonstrates that spot elevations shown are incorrect. For this purpose, spot elevations which are within 0.1 foot of the stated elevations for ground surfaces, or within 0.04 foot for hard surfaces (pavements, buildings, foundations, structures, etc.) shall be considered “no change”. Only deviations in excess of these will be considered for adjustment of the original ground surface. If Contractor's verification identifies discrepancies in the topographic map, Contractor shall notify the RPR in writing at least two weeks before disturbance of existing grade to allow sufficient time to verify the submitted information and make adjustments to the design cross sections or DTM’s.

Disturbance of existing grade in any area shall constitute acceptance by the Contractor of the accuracy of the original elevations shown on the topographic map for that area.

All areas to be excavated shall be stripped of vegetation and topsoil or prepared in accordance with Item P207 of these specifications. Topsoil shall be stockpiled for future use in areas designated on the plans or by the RPR. All suitable excavated material shall be used in the formation of embankment, subgrade, or other purposes as shown on the plans. All unsuitable material shall be disposed of as shown on the plans.

The grade shall be maintained so that the surface is well drained at all times.

When the volume of the excavation exceeds that required to construct the embankments to the grades as indicated on the plans, the excess shall be disposed of off site. When the volume of excavation is not sufficient for constructing the embankments to the grades indicated, the deficiency shall be obtained from borrow areas.
a. Selective grading. When selective grading is indicated on the plans, the more suitable material designated by the RPR shall be used in constructing the embankment or in capping the pavement subgrade.

If, at the time of excavation, it is not possible to place this material in its final location, it shall be stockpiled in approved areas until it can be placed. The more suitable material shall then be placed and compacted as specified. Selective grading shall be considered incidental to the work involved. The cost of stockpiling and placing the material shall be included in the various pay items of work involved. b. Undercutting. Rock, shale, hardpan, loose rock, boulders, or other material unsatisfactory for safety areas, subgrades, roads, shoulders, or any areas intended for turf shall be excavated to a minimum depth of 12 inches below the subgrade or to the depth specified by the RPR. Muck, peat, matted roots, or other yielding material, unsatisfactory for subgrade foundation, shall be removed to the depth specified.

Unsuitable materials shall be disposed of off the airport. Any cost associated with hauling and disposal of materials shall be considered incidental to this item. This excavated material shall be paid for at the contract unit price per cubic yard for Muck Excavation. The excavated area shall be backfilled with suitable material obtained from the FDR operations or imported subbase and compacted to specified densities. Where rock cuts are made, backfill with select material. Any pockets created in the rock surface shall be drained in accordance with the details shown on the plans. Undercutting will be paid as unclassified excavation.

Division V Technical Provisions
Page P-152-3
c. Over-break. Over-break, including slides, is that portion of any material displaced or loosened beyond the finished work as planned or authorized by the RPR. All over-break shall be graded or removed by the Contractor and disposed of as directed by the RPR. The RPR shall determine if the displacement of such material was unavoidable and their own decision shall be final. Payment will not be made for the removal and disposal of over-break that the RPR determines as avoidable. Unavoidable over-break will be classified as “Unclassified Excavation.”
d. Removal of utilities. The removal of existing structures and utilities required to permit the orderly progress of work will be accomplished by the Contractor as indicated on the plans. All existing foundations shall be excavated at least 2 feet below the top of subgrade or as indicated on the plans, and the material disposed of as directed by the RPR. All foundations thus excavated shall be backfilled with suitable material and compacted as specified for embankment or as shown on the plans. 152-2.3 Borrow excavation. Borrow areas are not required. 152-2.4 Drainage excavation. Not applicable.
152-2.5 Preparation of cut areas or areas where existing pavement has been removed. In those areas on which a subbase or base course is to be placed, the top 6 inches of subgrade shall be compacted to not less than 95% of maximum density for non-cohesive soils, and 95% of maximum density for cohesive soils as determined by ASTM D 1557. As used in this specification, "non-cohesive" shall mean those soils having a plasticity index (PI) of less than 3 as determined by ASTM D4318. 152-2.6 Preparation of embankment area. All sod and vegetative matter shall be removed from the surface upon which the embankment is to be placed. The cleared surface shall be broken up by plowing or scarifying to a minimum depth of 6 inches and shall then be compacted per paragraph 152-2.10.

Sloped surfaces steeper than one (1) vertical to four (4) horizontal shall be plowed, stepped, benched, or broken up so that the fill material will bond with the existing material. When the subgrade is part fill and part excavation or natural ground, the excavated or natural ground portion shall be scarified to a depth of 12 inches and compacted as specified for the adjacent fill.

No direct payment shall be made for the work performed under this section. The necessary clearing and grubbing and the quantity of excavation removed will be paid for under the respective items of work. 152-2.7 Control Strip. The first half-day of construction of subgrade and/or embankment shall be considered as a control strip for the Contractor to demonstrate, in the presence of the RPR, that the materials, equipment, and construction processes meet the requirements of this specification. The sequence and manner of rolling necessary to obtain specified density requirements shall be determined. The maximum compacted thickness may be increased to a maximum of 12 inches upon the Contractor’s demonstration that approved equipment and operations will uniformly compact the lift to the specified density. The RPR must witness this demonstration and approve the lift thickness prior to full production.

Control strips that do not meet specification requirements shall be reworked, re-compacted, or removed and replaced at the Contractor’s expense. Full operations shall not begin until the control strip has been accepted by the RPR. The Contractor shall use the same equipment, materials, and construction methods for the remainder of construction, unless adjustments made by the Contractor are approved in advance by the RPR. 152-2.8 Formation of embankments. The material shall be constructed in lifts as established in the control strip, but not less than 6 inches nor more than 12 inches of compacted thickness.

When more than one lift is required to establish the layer thickness shown on the plans, the construction procedure described here shall apply to each lift. No lift shall be covered by subsequent lifts until tests verify that compaction requirements have been met. The Contractor shall rework, re-compact and retest any material placed which does not meet the specifications.

Division V Technical Provisions
Page P-152-4
The lifts shall be placed, to produce a soil structure as shown on the typical cross-section or as directed by the RPR. Materials such as brush, hedge, roots, stumps, grass and other organic matter, shall not be incorporated or buried in the embankment.

Earthwork operations shall be suspended at any time when satisfactory results cannot be obtained due to rain, freezing, or other unsatisfactory weather conditions in the field. Frozen material shall not be placed in the embankment nor shall embankment be placed upon frozen material. Material shall not be placed on surfaces that are muddy, frozen, or contain frost. The Contractor shall drag, blade, or slope the embankment to provide surface drainage at all times.

The material in each lift shall be within ±2% of optimum moisture content before rolling to obtain the prescribed compaction. The material shall be moistened or aerated as necessary to achieve a uniform moisture content throughout the lift. Natural drying may be accelerated by blending in dry material or manipulation alone to increase the rate of evaporation.

The Contractor shall make the necessary corrections and adjustments in methods, materials or moisture content to achieve the specified embankment density.

The contractor will take samples of excavated materials which will be used in embankment for testing and develop a Moisture-Density Relations of Soils Report (Proctor) in accordance with ASTM D 1557. A new Proctor shall be developed for each soil type based on visual classification.

Density tests will be taken by the contractor for every 500 square yards of compacted embankment for each lift which is required to be compacted, or other appropriate frequencies as determined by the RPR.

If the material has greater than 30% retained on the 3/4-inch (19.0 mm) sieve, follow the methods in ASTM D1557 for correction of maximum dry density and optimum moisture for oversized particles.

Rolling operations shall be continued until the embankment is compacted to not less than 95% of maximum density for non-cohesive soils, and 95% of maximum density for cohesive soils as determined by ASTM D 1557. Under all areas to be paved, the embankments shall be compacted to a depth of 6 inches and to a density of not less than 95 percent of the maximum density as determined by ASTM D1557. As used in this specification, "non-cohesive" shall mean those soils having a plasticity index (PI) of less than 3 as determined by ASTM D4318.

The in-place field density shall be determined in accordance with ASTM D1556 or ASTM 6938 using Procedure A, the direct transmission method, and ASTM D6938 shall be used to determine the moisture content of the material. The machine shall be calibrated in accordance with ASTM D6938. The Contractor’s laboratory shall perform all density tests in the RPR’s presence and provide the test results upon completion to the RPR for acceptance. If the specified density is not attained, the area represented by the test or as designated by the RPR shall be reworked and/or re-compacted and additional random tests made. This procedure shall be followed until the specified density is reached.

Compaction areas shall be kept separate, and no lift shall be covered by another lift until the proper density is obtained.

During construction of the embankment, the Contractor shall route all construction equipment evenly over the entire width of the embankment as each lift is placed. Lift placement shall begin in the deepest portion of the embankment fill. As placement progresses, the lifts shall be constructed approximately parallel to the finished pavement grade line.

When rock, concrete pavement, asphalt pavement, and other embankment material are excavated at approximately the same time as the subgrade, the material shall be incorporated into the outer portion of the embankment and the subgrade material shall be incorporated under the future paved areas. Stones, fragmentary rock, and recycled pavement larger than 4 inches in their greatest dimensions will not be allowed in the top 12 inches of the subgrade. Rockfill shall be brought up in lifts as specified or as directed Division V Technical Provisions
Page P-152-5
by the RPR and the finer material shall be used to fill the voids forming a dense, compact mass. Rock, cement concrete pavement, asphalt pavement, and other embankment material shall not be disposed of except at places and in the manner designated on the plans or by the RPR.

When the excavated material consists predominantly of rock fragments of such size that the material cannot be placed in lifts of the prescribed thickness without crushing, pulverizing or further breaking down the pieces, such material may be placed in the embankment as directed in lifts not exceeding 2 feet in thickness.

Each lift shall be leveled and smoothed with suitable equipment by distribution of spalls and finer fragments of rock. The lift shall not be constructed above an elevation 4 feet below the finished subgrade.

There will be no separate measurement of payment for compacted embankment created from excavated materials. All costs incidental to placing in lifts, compacting, discing, watering, mixing, sloping, and other operations necessary for construction of embankments will be included in the contract price for excavation, borrow, or other items.
152-2.9 Proof rolling. The purpose of proof rolling the subgrade is to identify any weak areas in the subgrade and not for compaction of the subgrade. After compaction is completed, the subgrade area shall be proof rolled with a fully loaded water truck in the presence of the RPR. Apply a minimum of 3 coverages, or as specified by the RPR, under pavement areas. A coverage is defined as the application of one tire print over the designated area. Soft areas of subgrade that deflect more than 1 inch or show permanent deformation greater than 1 inch shall be removed to depth designated on the plans or by the RPR (muck excavation), a geogrid placed at the bottom of the muck excavation and backfilled with Subbase Course (P207 or P-154) to subgrade level or reworked to conform to the moisture content and compaction requirements in accordance with these specifications as directed by the RPR. Removal and replacement of soft areas is paid for under muck excavation (P-152), geogrid (P-154) and subbase course (P-207 or P-154).

Proof rolling shall be considered incidental to this item. 152-2.10 Compaction requirements. The subgrade under areas to be paved shall be compacted to a depth of 6 inches and to a density of not less than 95 percent of the maximum dry density as determined by ASTM D1557. The subgrade in areas outside the limits of the pavement areas shall be compacted to a depth of 6 inches and to a density of not less than 90 percent of the maximum density as determined by ASTM D1557.

The material to be compacted shall be within ±2% of optimum moisture content before being rolled to obtain the prescribed compaction (except for expansive soils). When the material has greater than 30 percent retained on the ¾ inch (19.0 mm) sieve, follow the methods in ASTM D1557. Tests for moisture content and compaction will be taken at a minimum of 500 S.Y. of subgrade. All quality assurance testing shall be done by the Contractor’s laboratory in the presence of the RPR, and density test results shall be furnished upon completion to the RPR for acceptance determination.

The in-place field density shall be determined in accordance with ASTM D1556 or ASTM D6938 using Procedure A, the direct transmission method, and ASTM D6938 shall be used to determine the moisture content of the material. The machine shall be calibrated in accordance with ASTM D6938 within 12 months prior to its use on this contract. The gauge shall be field standardized daily.

Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified.

If the specified density is not attained, the entire lot shall be reworked and/or re-compacted and additional random tests made. This procedure shall be followed until the specified density is reached.

All cut-and-fill slopes shall be uniformly dressed to the slope, cross-section, and alignment shown on the plans or as directed by the RPR and the finished subgrade shall be maintained. 152-2.11 Finishing and protection of subgrade. Finishing and protection of the subgrade is incidental to this item. Grading and compacting of the subgrade shall be performed so that it will drain readily. All low areas, holes or depressions in the subgrade shall be brought to grade. Scarifying, blading, rolling and other Division V Technical Provisions
Page P-152-6
methods shall be performed to provide a thoroughly compacted subgrade shaped to the lines and grades shown on the plans. All ruts or rough places that develop in the completed subgrade shall be graded, recompacted, and retested. The Contractor shall protect the subgrade from damage and limit hauling over the finished subgrade to only traffic essential for construction purposes.

The Contractor shall maintain the completed course in satisfactory condition throughout placement of subsequent layers. No subbase, base, or surface course shall be placed on the subgrade until the subgrade has been accepted by the RPR.
152-2.12 Haul. All hauling will be considered a necessary and incidental part of the work. The Contractor shall include the cost in the contract unit price for the pay of items of work involved. No payment will be made separately or directly for hauling on any part of the work.

The Contractor's equipment shall not cause damage to any excavated surface, compacted lift or to the subgrade as a result of hauling operations. Any damage caused as a result of the Contractor's hauling operations shall be repaired at the Contractor's expense.

The Contractor shall be responsible for providing, maintaining and removing any haul roads or routes within or outside of the work area, and shall return the affected areas to their former condition, unless otherwise authorized in writing by the Owner. No separate payment will be made for any work or materials associated with providing, maintaining and removing haul roads or routes. 152-2.13 Surface Tolerances. In those areas on which a subbase or base course is to be placed, the surface shall be tested for smoothness and accuracy of grade and crown. Any portion lacking the required smoothness or failing in accuracy of grade or crown shall be scarified to a depth of at least 3 inches (75 mm), reshaped and re-compacted to grade until the required smoothness and accuracy are obtained and approved by the RPR. The Contractor shall perform all final smoothness and grade checks in the presence of the RPR. Any deviation in surface tolerances shall be corrected by the Contractor at the Contractor’s expense.
a. Smoothness. The finished surface shall not vary more than +/- ½ inch when tested with a 12-foot straightedge applied parallel with and at right angles to the centerline. The straightedge shall be moved continuously forward at half the length of the 12-foot straightedge for the full length of each line on a 50-foot (15-m) grid.
b. Grade. The grade and crown shall be measured on a 50-foot grid and shall be within +/-0.05 feet of the specified grade.

On safety areas, turfed areas and other designated areas within the grading limits where no subbase or base is to placed, grade shall not vary more than 0.10 feet from specified grade. Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. 152-2.14 Topsoil. Not applicable.

METHOD OF MEASUREMENT
152-3.1 Measurement for payment specified by the cubic yard shall be computed by the average end areas of design cross sections. The end area is that bound by the original ground line established by field crosssections and the final theoretical pay line established by cross-sections shown on the plans, subject to verification by the RPR.
152-3.2 The quantity of Muck Excavation to be paid for shall be the number of cubic yards measured in its original position. Measurement shall not include the quantity of materials excavated without authorization beyond normal slope lines, or the quantity of material used for purposes other than those directed.

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BASIS OF PAYMENT
152-4.2 Muck excavation payment shall be made at the contract unit price per cubic yard. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item.

Payment will be made under:

Item P-152-4.2 Muck Excavation - per cubic yard
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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 Association of State Highway and Transportation Officials (AASHTO) AASHTO T-180 Standard Method of Test for Moisture-Density Relations of Soils Using a

4.54-kg (10-lb) Rammer and a 457-mm (18-in.) Drop
ASTM International (ASTM)
ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3
ௗ
N1-m/m3))
ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method
ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2700 kN-m/m3 ))
ASTM D6938 Standard Test Methods for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)
Advisory Circulars (AC)
AC 150/5370-2 Operational Safety on Airports During Construction Software Software
FAARFIELD – FAA Rigid and Flexible Iterative Elastic Layered Design U.S. Department of Transportation
FAA RD-76-66 Design and Construction of Airport Pavements on Expansive Soils END OF ITEM P-152
Division V Technical Provisions
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Item P-154 Subbase Course

DESCRIPTION
154-1.1 This item shall consist of a subbase course composed of granular materials constructed on a prepared subgrade or underlying course in accordance with these specifications, and in conformity with the dimensions and typical cross-section shown on the plans.

MATERIALS
154-2.1 Materials. The subbase material shall consist of hard durable particles or fragments of granular aggregates and/or recycled asphalt pavement (RAP). The material may be obtained from gravel pits, stockpiles, or may be produced from a crushing and screening plant with proper blending. The materials from these sources shall meet the requirements for gradation, quality, and consistency. The material shall be free from vegetative matter, excessive amounts of clay, and other objectionable substances; uniformly blended; and be capable of being compacted into a dense, stable subbase.

The subbase material shall exhibit a California Bearing Ratio (CBR) value of at least 35 when tested in accordance with ASTM D1883. The subbase material shall meet the gradation specified in the table below.

Subbase Gradation Requirements
Sieve
designation
Percentage by weight passing
sieves
Contractor’s
Final
Gradation
Job Control
Grading Band
Tolerances1
(Percent)
Subbase
Aggregate
Recycled
pavement
(RAP or RCO)
1 1/2 inch
(37.5 mm)
100 100 0
3/4 inch
(19.0 mm)
70-100 70-100 ±10
No. 10
(2.00 mm)
20-100 20-100 ±10
No. 40
(425 µm)
5-60 5-60 ±5
No. 200
(75 µm)
-- -- --
1 The “Job Control Grading Band Tolerances” shall be applied to “Contractor’s Final Gradation” to establish the job control grading band.

The portion of the material passing the No. 40 (425 µm) sieve shall have a liquid limit of not more than 25 and a plasticity index of not more than six (6) when tested in accordance with ASTM D4318. 154-2.2 Sampling and testing.
a. Aggregate base materials. Samples shall be taken by the Contractor per ASTM D75 for initial aggregate subbase requirements and gradation. Material shall meet the requirements in paragraphs 154-2.1.

The Contractor shall submit to the Resident Project Representative (RPR) certified test results showing that Division V Technical Provisions
Page P-154-2
the aggregate meets the Material requirements of this section. Tests shall be representative of the material to be used for the project.
b. Gradation requirements. The Contractor shall take at least two aggregate subbase samples per day in the presence of the RPR to check the final gradation. Samples shall be taken from the in-place, uncompacted material at sampling locations determined by the RPR on a random basis per ASTM D3665.

Sampling shall be per ASTM D75 and tested per ASTM C136 and ASTM C117. Results shall be furnished to the RPR by the Contractor each day during construction. Material shall meet the requirements in paragraph 154-2.1.
154-2.3 Separation Geotextile. Not used.
154-2.4 Geogrid. Geogrid shall be InterAx NX650 geogrid as manufactured by Tensar International, or approved equal. The geogrid shall be placed on the bottom of the subexcavation made for unstable subgrades if required and shall be continuous over the length of the excavation. Each geogrid section shall overlap the adjoining section by a minimum of six inches (6”).

CONSTRUCTION METHODS
154-3.1 General. The subbase course shall be placed where designated on the plans or as directed by the RPR. The material shall be shaped and thoroughly compacted within the tolerances specified.

Granular subbases which, due to grain sizes or shapes, are not sufficiently stable to support the construction equipment without movement, shall be mechanically modified to the depth necessary to provide stability as directed by the RPR. The mechanical modification shall include the addition of a fine-grained medium to bind the particles of the subbase material sufficiently to furnish a bearing strength, so the course will not deform under construction equipment traffic.
154-3.2 Preparing underlying course. Prior to constructing the subbase course, clean the underlying course or subgrade of all foreign substances. The surface of the underlying course or subgrade shall meet specified compaction and surface tolerances in accordance with Item P-152. Correct ruts, soft yielding spots in the underlying courses, and subgrade areas having inadequate compaction and/or deviations of the surface from the specified requirements, by loosening and removing soft or unsatisfactory material, adding approved material, reshaping to line and grade, and recompacting to specified density requirements. For cohesionless underlying courses or subgrades containing sands or gravels, as defined in ASTM D2487, the surface shall be stabilized prior to placement of the overlying course by mixing the overlying course material into the underlying course, and compacting by approved methods. The stabilized material shall be considered as part of the underlying course and shall meet all requirements for the underlying course. The finished underlying course shall not be disturbed by traffic or other operations and shall be maintained in a satisfactory condition until the overlying course is placed. The underlying course shall be checked and accepted by the RPR before placing and spreading operations are started.

To protect the subgrade and to ensure proper drainage, spreading of the subbase shall begin along the centerline of the pavement on a crowned section or on the high side of pavements with a one-way slope. 154-3.3 Control Strip. The first half-day of subbase construction shall be considered as a control strip for the Contractor to demonstrate, in the presence of the RPR, that the materials, equipment, and construction processes meet the requirements of this specification. The sequence and manner of rolling necessary to obtain specified density requirements shall be determined. The maximum compacted thickness may be increased to a maximum of 12 inches upon the Contractor’s demonstration that approved equipment and operations will uniformly compact the lift to the specified density. The RPR must witness this demonstration and approve the lift thickness prior to full production.

Control strips that do not meet specification requirements shall be reworked, re-compacted, or removed and replaced at the Contractor’s expense. Full operations shall not begin until the control strip has been accepted Division V Technical Provisions
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by the RPR. The Contractor shall use the same equipment, materials, and construction methods for the remainder of construction, unless adjustments made by the Contractor are approved in advance by the RPR. 154-3.4 Placement. The material shall be placed and spread on the prepared underlying layer by spreader boxes or other devices as approved by the RPR, to a uniform thickness and width. The equipment shall have positive thickness controls to minimize the need for additional manipulation of the material. Dumping from vehicles that require re-handling shall not be permitted. Hauling over the uncompacted base course shall not be permitted. The material shall not be placed when the underlying course is soft or yielding.

The material shall meet gradation and moisture requirements prior to compaction. Material may be freedraining and the minimum moisture content shall be established for placement and compaction of the material.

The material shall be constructed in lifts as established in the control strip, but not less than 4 inches nor more than 12 inches of compacted thickness.

When more than one lift is required to establish the layer thickness shown on the plans, the construction procedure described here shall apply to each lift. No lift shall be covered by subsequent lifts until tests verify that compaction requirements have been met. The Contractor shall rework, re-compact and retest any material placed which does not meet the specifications. 154-3.5 Compaction. The subbase material shall be compacted, adjusting moisture as necessary, to be within ±2% of optimum moisture. The field density of the compacted subbase material shall be at least 98% of the maximum density as specified in paragraph 154-3.9a. The field density of compacted material below subgrade in muck areas shall be 95% of maximum density as specified in Item 154-3.9a. If the specified density is not attained, the area of the lift represented by the test shall be reworked and/or re-compacted and additional random tests made. This procedure shall be followed until the specified density is reached.

Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified. 154-3.6 Weather limitation. Material shall not be placed unless the ambient air temperature is at least 40°F (4°C) and rising. Work on subbase course shall not be conducted when the subgrade is wet or frozen or the subbase material contains frozen material.
154-3.7 Maintenance. No base or surface course shall be placed on the subbase until the subbase has been accepted by the RPR. The Contractor shall maintain the completed course in satisfactory condition throughout placement of subsequent layers. When material has been exposed to excessive rain, snow, or freeze-thaw conditions, the Contractor shall verify that materials still meet all specification requirements before placement of additional material. Equipment may be routed over completed sections of subbase course, provided the equipment does not damage the subbase course and the equipment is routed over the full width of the completed subbase course. Any damage to the subbase course from routing equipment over the subbase course shall be repaired by the Contractor at their expense. 154-3.8 Surface tolerance. In those areas on which a subbase or base course is to be placed, the surface shall be tested for smoothness and accuracy of grade and crown. Any portion lacking the required smoothness or failing in accuracy of grade or crown shall be scarified to a depth of at least 3 inches (75 mm), reshaped and re-compacted to grade until the required smoothness and accuracy are obtained and approved by the RPR. The Contractor shall perform all final smoothness and grade checks in the presence of the RPR. Any deviation in surface tolerances shall be corrected by the Contractor at the Contractor’s expense.
a. Smoothness. The finished surface shall not vary more than +/- ½ inch when tested with a 12-foot straightedge applied parallel with and at right angles to the centerline. The straightedge shall be moved continuously forward at half the length of the 12-foot straightedge for the full length of each line on a 50- foot grid.

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b. Grade. The grade and crown shall be measured on a 50-foot grid and shall be within +/-0.05 feet of the specified grade.
154-3.9 Acceptance sampling and testing. The aggregate subbase course shall be accepted for density and thickness on an area basis. Two test shall be made for density and thickness for each 500 square yards.

Sampling locations will be determined on a random basis per ASTM D3665. a. Density. The Contractor’s laboratory shall perform all density tests in the RPR’s presence and provide the test results upon completion to the RPR for acceptance.

Each area shall be accepted for density when the field density is at least 98% of the maximum density for subbase material and 95% for material placed below subgrade in muck areas of laboratory specimens compacted and tested per ASTM D1557. The in-place field density shall be determined per ASTM D1556 or ASTM D6938 using Procedure A, the direct transmission method, and ASTM D6938 shall be used to determine the moisture content of the material. The machine shall be calibrated in accordance with ASTM D6938. If the specified density is not attained, the area represented by the failed test shall be reworked and/or recompacted and two additional random tests made. This procedure shall be followed until the specified density is reached. Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified.

When the material has greater than 30 percent retained on the ¾ inch sieve, use methods in ASTM D1557 for correction of maximum dry density and optimum moisture for oversized particles. b. Thickness. The thickness of the base course shall be within +0 and -1/2 inch of the specified thickness as determined by depth tests taken by the Contractor in the presence of the RPR for each area. At the contractor’s option, thickness verification may be completed by survey of the top and bottom of the material placed using a grid with 50’ section intervals. Where the thickness is deficient by more than 1/2- inch, the Contractor shall correct such areas at no additional cost by scarifying to a depth of at least 3 inches, adding new material of proper gradation, and the material shall be blended and recompacted to grade. The Contractor shall replace, at his expense, subbase material where depth tests have been taken.

METHOD OF MEASUREMENT
154-4.1 Subbase course shall be measured by the number of cubic yards of subbase course material placed and compacted to specified density and plan thickness requirements in the completed course. The quantity of subbase course material shall be measured in final position based upon contractor’s survey in the presence of the RPR of the completed work computed from elevations to the nearest 0.01 foot. On individual/surveyed depth measurements, thicknesses more than 1/2 inch in excess of that shown on the plans shall be considered as the specified thickness plus 1/2 inch in computing the yardage for payment.

Subbase materials shall not be included in any other excavation quantities. 154-4.3 Geogrid shall be measured by the number of square yards of materials placed and accepted by the RPR as complying with the plans and specifications excluding seam overlaps and edge anchoring.

BASIS OF PAYMENT
154-5.1 Payment shall be made at the contract unit price per cubic yard for subbase course. This price shall be full compensation for furnishing all materials; for all preparation, hauling, and placing of these materials; and for all labor, equipment, tools, and incidentals necessary to complete the item. 154-5.3 Payment shall be made at the contract unit price per square yard for geogrid. The price shall be full compensation for furnishing all labor, equipment, material, anchors, and necessary incidentals to complete the item.

Division V Technical Provisions
Page P-154-5
Payment will be made under:

Item P-154-5.1 Subbase Course - per cubic yard
Item P-154-5.3 Geogrid - per square yard
Division V Technical Provisions
Page P-154-6

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 Standard Test Method for Materials Finer than 75-ȝP 1R
6LHYHLQ
Mineral Aggregates by Washing
ASTM C136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates ASTM D75 Standard Practice for Sampling Aggregates
ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3
ௗ
N1-m/m3))
ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method
ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3 ))
ASTM D2487 Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)
ASTM D4253 Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table
ASTM D4759 Practice for Determining the Specification Conformance of Geosynthetics
ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D6938 Standard Test Method for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)
American Association of State Highway and Transportation Officials (AASHTO) M 288 Geotextile Specification for Highway Applications END OF ITEM P-154
Division V Technical Provisions
Page P-207-1
Item P-207 In-place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate Subbase Course

DESCRIPTION
207-1.1 This item consists of a recycled asphalt aggregate subbase course resulting from the in-place full depth reclamation (FDR) of the existing pavement section (asphalt wearing surface and aggregate base).

MATERIALS
207-2.1 Aggregate. The FDR shall consist of materials produced by recycling (pulverizing and mixing) the existing asphalt pavement, aggregate base. Material larger than 2 inches in any dimension shall not be permitted in the recycle asphalt aggregate subbase course.

The FDR shall meet the gradation in the table below.

FDR Gradation
Sieve Minimum Percentage by weight
passing sieves
2 inch (51 mm) 100
3/4" inch (19mm) 80-100
No. 4 (4.75 mm) 20-60
No. 50 10-40
No. 200 (75 µm) 0-10

0.02 mm --
a. Deleterious substances. Materials for aggregate subbase shall be kept free from weeds, sticks, grass, roots and other foreign matter.
b. Uniformity. The materials shall be thoroughly recycled (pulverized and mixed) to ensure a uniform gradation.
c. CBR. The FDR Subbase Course shall have a California Bearing Ratio (CBR) value of at least 35 at

0.1 inch to 0.5 inch penetration inclusive at 100% of maximum dry density as determined by ASTM D1557, Method D when tested in accordance with ASTM D1883.
207-2.2 Stabilization. Not applicable.
207-2.3 Water. Water used in mixing or curing shall be from potable water sources. Other sources shall be tested in accordance with ASTM C1602 prior to use.
207-2.4 Quality Control (QC) Sampling and testing. The Contractor shall take at least two FDR samples per day of production in the presence of the Resident Project Representative (RPR) to check the gradation.

Sampling shall be per ASTM D75. Material shall meet the requirements in paragraph 207-2.1. Samples shall be taken from the in-place, un-compacted material at random sampling locations per ASTM D3665.

CONSTRUCTION METHODS
207-3.1 Milling. Not applicable.

Division V Technical Provisions
Page P-207-2
207-3.2 Control Strip. The first half-day of construction shall be considered the control strip. The Contractor shall demonstrate, in the presence of the RPR, that the materials, equipment, and construction processes meet the requirements of the specification. The sequence and manner of rolling necessary to obtain specified density requirements shall be determined. Control strips that do not meet specification requirements shall be reworked, re-compacted, or removed and replaced at the Contractor’s expense. Full operations shall not begin until the control strip has been accepted by the RPR. Upon acceptance of the control strip by the RPR, the Contractor shall use the same equipment, materials, and construction methods for the remainder of construction, unless adjustments made by the Contractor are approved in advance by the RPR.
207-3.3 Recycling (Pulverization and mixing). The asphalt pavement shall be saw cut full depth at the perimeter of the area to be recycled as indicated on the plans. The asphalt pavement and aggregate base shall be recycled (pulverized and mixed) into a uniformly blended mixture with water to the depth indicated on the plans. All material over approximately 2 inches (50 mm) shall be removed by the Contractor. The mixture shall be brought to the desired moisture content.

The maximum lift thickness of the recycled aggregate subbase course material to be compacted shall be 8 inches.
207-3.4 Grading and compaction. Immediately upon completion of recycling (pulverization and mixing), the material shall be excavated, hauled, temporarily stockpiled if necessary, placed, shaped and/or graded in accordance with the project plans. The recycled asphalt aggregate subbase course shall be compacted within the same day to an in-place density of 98% as determined by ASTM D1557 in subbase areas and 95% below subgrade in muck areas. The moisture content of the material during compaction shall be within ±2% of the optimum moisture content as determined by ASTM D2216. The number, type and weight of rollers shall be sufficient to compact the material to the required density. Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified. 207-3.5 Finishing. The surface of the aggregate subbase course shall be finished by blading or with automated equipment designed for this purpose. If the top layer is 1/2 inch or more below grade, the top layer shall be scarified to a depth of at least 3 inches, new material added, and the layer blended and recompacted to bring it to grade. The addition of layers less than 3 inches shall not be allowed. 207-3.6 Proof rolling. Compacted asphalt aggregate subbase course shall be proof rolled with a fully loaded water truck in the presence of the RPR. Soft areas that deflect greater than 0.5 inch or show permanent deformation greater than 0.5 inch shall be removed and reworked at the Contractor’s expense unless soft areas are a result of soft subgrade material as determined by the RPR. If soft areas are a result of soft subgrade material, they shall be removed and reworked in accordance with P-152. 207-3.7 Weather limitations. When weather conditions detrimentally affect the construction process and/or quality of the materials, the Contractor shall stop construction. Cement or fly ash shall not be applied when wind conditions affect the distribution of the materials. When the aggregates contain frozen materials or when the underlying course is frozen or wet, the construction shall be stopped. Construction shall not be performed unless the atmospheric temperature is above 35°F (2°C) and rising or approved by the RPR.

When the temperature falls below 35°F (2°C), protect all completed areas against detrimental effects of freezing by approved methods. Correct completed areas damaged by freezing, rainfall, or other weather conditions to meet specified requirements.
207-3.8 Maintenance. The asphalt aggregate subbase course shall be maintained in a satisfactory condition until the work is accepted by the RPR. Equipment used in the construction of an adjoining section may be routed over completed sections of asphalt aggregate subbase course, provided that no damage results and equipment is routed over the full width of the completed asphalt aggregate subbase course. Any damage to the recycled asphalt aggregate subbase course shall be repaired by the Contractor at the Contractor’s expense.

Division V Technical Provisions
Page P-207-3
207-3.9 Surface tolerances. The finished surface shall be tested for smoothness and accuracy of grade.

Any area failing smoothness or grade shall be scarified to a depth of at least 3 inches (75 mm), reshaped and re-compacted by the Contractor at the Contractor’s expense. a. Smoothness. The finished surface shall not vary more than 3/8-inch (9 mm) when tested with a 12- foot (3.7-m) straightedge applied parallel with and at right angles to the centerline. The straightedge shall be moved continuously forward at half the length of the 12-foot (3.7-m) straightedge for the full length of each line on a 50-foot (15-m) grid.
b. Grade. The grade shall be measured on a 50-foot (15-m) grid and shall be within +0 and -1/2 inch (12 mm) of the specified grade.
207-3.10 Acceptance sampling and testing for density. FDR subbase course shall be accepted for density and thickness on an area basis. One (1) test for density and thickness will be made for each 500 square yds. Sampling locations will be determined on a random basis in accordance with ASTM D3665. a. Density. The Contractor’s laboratory shall perform all density tests in the RPR’s presence and provide the test results upon completion to the RPR for acceptance.

Each area will be accepted for density when the field density is at least 98% of the maximum density of the FDR subbase course and 95% for FDR below subgrade in muck areas in accordance with ASTM D1557. The in-place field density shall be determined in accordance with ASTM D1556 or ASTM D6938 using Procedure A, the direct transmission method, and ASTM D6938 shall be used to determine the moisture content of the material. The machine shall be calibrated in accordance with ASTM D6938. If the specified density is not attained, the area represented by the failed test must be reworked and/or recompacted and two additional random tests made. This procedure shall be followed until the specified density is reached. Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified.
b. Thickness. The thickness of the subbase course shall be within +0 and -1/2 inch (12 mm) of the specified thickness as determined by depth tests taken by the Contractor in the presence of the RPR for each area. Where the thickness is deficient by more than 1/2-inch (12 mm), the Contractor shall correct such areas at no additional cost by scarifying to a depth of at least 3 inches (75 mm), adding new material, and recompacted to grade. The Contractor shall replace, at his expense, subbase material where depth tests have been taken.

METHOD OF MEASUREMENT
207-4.1 The quantity of FDR Asphalt Aggregate Subbase Course – Pulverize, Mix, Excavate, Haul and Stockpile shall be measured by the number of square yards of material in its original position in compliance with the plans and specifications.
207-4.2 The quantity of FDR Asphalt Aggregate Subbase Course – Excavate from Stockpile, Place and Compact as ASB shall be measured by the number of cubic yards of material in the final compacted position in compliance with the plans and specifications. The quantity of Asphalt Aggregate Subbase Course material shall be measured in final position based upon contractor’s survey in the presence of the RPR of the completed work computed from elevations to the nearest 0.01 foot. Subbase materials shall not be included in any other excavation quantities.
207-4.3 The quantity of FDR Asphalt Aggregate Subbase Course –Excavate from Stockpile, Haul, and Dispose Off Site shall be measured by the number of cubic yards of material in its original position in compliance with the plans and specifications.

Division V Technical Provisions
Page P-207-4

BASIS OF PAYMENT
207-5.1 Payment shall be made for In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Pulverize, Mix, Excavate, Haul, and Stockpile, at the contract unit price per square yard for pulverizing and mixing the existing asphalt pavement with the existing aggregate base course to a depth of 8 inches (or as shown on the plans), excavating, hauling, and temporary stockpiling, the FDR materials. This price shall be full compensation for furnishing all materials, for preparing and placing these materials, and for all labor, equipment, tools and incidentals to complete the item.
207-5.2 Payment shall be made for In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Excavate from Stockpile, Place, and Compact as ASB, at the contract unit price per cubic yard for excavating from the stockpile, placing, spreading, compacting, and maintaining the FDR materials to the compacted thickness as indicated on the drawings. This price shall be full compensation for furnishing all materials, for preparing and placing these materials, and for all labor, equipment, tools and incidentals to complete the item.
207-5.3 Payment shall be made for In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Excavate from Stockpile, Haul, and Dispose Off Site, at the contract unit price per cubic yard for excavating from the stockpile, hauling, and disposing off site as indicated on the drawings. This price shall be full compensation for excavating, hauling, and disposing of materials, and for all labor, equipment, tools and incidentals to complete the item.

Payment will be made under:

Item P-207-5.1 In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Pulverize, Mix, Excavate, Haul, and Stockpile - per square yard Item P-207-5.2 In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Excavate from Stockpile, Place, and Compact as ASB - per cubic yard Item P-207-5.3 In-place Full Depth Recycled (FDR) Asphalt Aggregate Subbase Course – Excavate from Stockpile, Haul, and Dispose Off Site - per cubic yard Division V Technical Provisions
Page P-207-5

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 C29 Unit Weight of Aggregate
ASTM C88 Soundness of Aggregates by Use of Sodium or Magnesium Sulfate ASTM C117 Materials Finer than 75-ȝP
1R
6LHYHLQ0LQHUDO$JJUHJDWHE\
Washing
ASTM C131 Resistance to abrasion of Small Size Coarse Aggregate by Use of Los Angeles Machine
ASTM C136 Sieve or Screen Analysis of Fine and Coarse Aggregate ASTM C150 Standard Specification for Portland Cement
ASTM C595 Standard Specification for Blended Hydraulic Cements ASTM C1602 Standard Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete
ASTM D75 Sampling Aggregate
ASTM D558 ASTM D558 Standard Test Methods for Moisture-Density (Unit Weight) Relations of Soil-Cement Mixtures
ASTM D698 Moisture Density Relations of Soils and Aggregate using 5.5 lb Rammer and 12 in drop
ASTM D977 Standard Specification for Emulsified Asphalt ASTM D1556 Test Method for Density and Unit Weight of Soil in Place by the Sand Cone Method
ASTM D1557 Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort
ASTM D2216 Test Methods for Laboratory Determination of Water (Moisture) Soil and Rock by Mass
ASTM D2419 Test Method for Sand Equivalent Value of Soils and Fine Aggregate ASTM D2487 Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)
ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4491 Standard Test Methods for Water Permeability of Geotextiles by Permittivity
ASTM D4751 Standard Test Methods for Determining Apparent Opening Size of a Geotextile
ASTM D5821 Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate
Division V Technical Provisions
Page P-207-6
ASTM D6938 Standard Test Method for In-Place Density and Water Content of Soil and Soil Aggregate by Nuclear Methods (Shallow Depth)
American Association of State Highway and Transportation Officials (AASHTO) M288 Standard Specification for Geosynthetic Specification for Highway Applications
END OF ITEM P-207
Division V Technical Provisions
Page P-209-1
Item P-209 Crushed Aggregate Base Course

DESCRIPTION
209-1.1 This item consists of a base course composed of crushed aggregate base constructed on a prepared course in accordance with these specifications and in conformity to the dimensions and typical crosssections shown on the plans.

MATERIALS
209-2.1 Crushed aggregate base. Crushed aggregate shall consist of clean, sound, durable particles of crushed stone or crushed gravel and shall be free from coatings of clay, silt, organic material, clay lumps or balls or other deleterious materials or coatings. The method used to produce the crushed gravel shall result in the fractured particles in the finished product as consistent and uniform as practicable. Fine aggregate portion, defined as the portion passing the No. 4 sieve shall consist of fines from the coarse aggregate crushing operation. The fine aggregate shall be produced by crushing stone or gravel, that meet the coarse aggregate requirements for wear and soundness. Aggregate base material requirements are listed in the following table.

Crushed Aggregate Base Material Requirements
Material Test Requirement Standard
Coarse Aggregate
Resistance to Degradation Loss: 45% maximum ASTM C131
Soundness of Aggregates
by Use of Sodium Sulfate or
Magnesium Sulfate
Loss after 5 cycles:
12% maximum using Sodium sulfate - or -
18% maximum using magnesium sulfate
ASTM C88
Percentage of Fractured
Particles
Minimum 90% by weight of particles with at least
two fractured faces and 98% with at least one
fractured face1
ASTM D5821
Flat Particles, Elongated
Particles, or Flat and
Elongated Particles
10% maximum, by weight, of flat, elongated, or flat
and elongated particles 2
ASTM D4791
Clay Lumps and Friable
Particles
Less than or equal to 3 percent ASTM C142
Fine Aggregate
Liquid limit Less than or equal to 25 ASTM D4318
Plasticity Index Not more than five (5) ASTM D4318
1 The area of each face shall be equal to at least 75% of the smallest mid-sectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 degrees to count as two fractured faces.
2 A flat particle is one having a ratio of width to thickness greater than five (5); an elongated particle is one having a ratio of length to width greater than five (5).

Division V Technical Provisions
Page P-209-2
209-2.2 Gradation requirements. The gradation of the aggregate base material shall meet the requirements of the gradation given in the following table when tested per ASTM C117 and ASTM C136. The gradation shall be well graded from coarse to fine and shall not vary from the lower limit on one sieve to the high limit on an adjacent sieve or vice versa.

Gradation of Aggregate Base
Sieve Size Design Range
Percentage by Weight
passing
Contractor’s Final
Gradation
Job Control Grading Band
Tolerances1
(Percent)
2 inch
(50 mm)
100 0
1-1/2 inch
(37.5 mm)
95-100 ±5
1 inch
(25.0 mm)
70-95 ±8
3/4 inch
(19.0 mm)
70-85 ±8
No. 4
(4.75 mm)
30-60 ±8
No. 40
(425 µm)
10-30 ±5
No. 2002
(75 µm)
0-8 ±3
No. 635

0.02 mm
-- --
1 The “Job Control Grading Band Tolerances for Contractor’s Final Gradation” in the table shall be applied to “Contractor’s Final Gradation” to establish a job control grading band. The full tolerance still applies if application of the tolerances results in a job control grading band outside the design range. 27KHIUDFWLRQRIPDWHULDOSDVVLQJWKH1R ȝP
VLHYHVKDOOQRWH[FHHGWZR-thirds the fraction passing WKH1R
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VLHYH
209-2.3 Sampling and Testing.
a. Aggregate base materials. The Contractor shall take samples of the aggregate base in accordance with ASTM D75 to verify initial aggregate base requirements and gradation. Material shall meet the requirements in paragraph 209-2.1. This sampling and testing will be the basis for approval of the aggregate base quality requirements.
b. Gradation requirements. The Contractor shall take at least two aggregate base samples per day in the presence of the Resident Project Representative (RPR) to check the final gradation. Sampling shall be per ASTM D75. Material shall meet the requirements in paragraph 209-2.2. The samples shall be taken from the in-place, un-compacted material at sampling points and intervals designated by the RPR. 209-2.4 Separation Geotextile. Not used.

Division V Technical Provisions
Page P-209-3

CONSTRUCTION METHODS
209-3.1 Control strip. The first half-day of construction shall be considered the control strip. The Contractor shall demonstrate, in the presence of the RPR, that the materials, equipment, and construction processes meet the requirements of the specification. The sequence and manner of rolling necessary to obtain specified density requirements shall be determined. The maximum compacted thickness may be increased to a maximum of 12 inches upon the Contractor’s demonstration that approved equipment and operations will uniformly compact the lift to the specified density. The RPR must witness this demonstration and approve the lift thickness prior to full production.

Control strips that do not meet specification requirements shall be reworked, re-compacted or removed and replaced at the Contractor’s expense. Full operations shall not continue until the control strip has been accepted by the RPR. The Contractor shall use the same equipment, materials, and construction methods for the remainder of construction, unless adjustments made by the Contractor are approved by the RPR. 209-3.2 Preparing underlying subgrade and/or subbase. The underlying subgrade and/or subbase shall be checked and accepted by the RPR before base course placing and spreading operations begin. Re-proof rolling of the subgrade or proof rolling of the subbase in accordance with Item P-152, at the Contractor’s expense, may be required by the RPR if the Contractor fails to ensure proper drainage or protect the subgrade and/or subbase. Any ruts or soft, yielding areas due to improper drainage conditions, hauling, or any other cause, shall be corrected before the base course is placed. To ensure proper drainage, the spreading of the base shall begin along the centerline of the pavement on a crowned section or on the high side of the pavement with a one-way slope.
209-3.3 Production. The aggregate shall be uniformly blended and, when at a satisfactory moisture content per paragraph 209-3.5, the approved material may be transported directly to the placement. 209-3.4 Placement. The aggregate shall be placed and spread on the prepared underlying layer by spreader boxes or other devices as approved by the RPR, to a uniform thickness and width. The equipment shall have positive thickness controls to minimize the need for additional manipulation of the material. Dumping from vehicles that require re-handling shall not be permitted. Hauling over the uncompacted base course shall not be permitted.

The aggregate shall meet gradation and moisture requirements prior to compaction. The base course shall be constructed in lifts as established in the control strip, but not less than 4 inches nor more than 12 inches of compacted thickness.

When more than one lift is required to establish the layer thickness shown on the plans, the construction procedure described here shall apply to each lift. No lift shall be covered by subsequent lifts until tests verify that compaction requirements have been met. The Contractor shall rework, re-compact and retest any material placed which does not meet the specifications at the Contractor’s expense. 209-3.5 Compaction. Immediately after completion of the spreading operations, compact each layer of the base course, as specified, with approved compaction equipment. The number, type, and weight of rollers shall be sufficient to compact the material to the required density within the same day that the aggregate is placed on the subgrade.

The field density of each compacted lift of material shall be at least 100% of the maximum density of laboratory specimens prepared from samples of the base material delivered to the jobsite. The laboratory specimens shall be compacted and tested in accordance with ASTM D1557 and paragraph 209-3.9. The moisture content of the material during placing operations shall be within ±2 percentage points of the optimum moisture content as determined by ASTM D1557. Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified.

Division V Technical Provisions
Page P-209-4
209-3.6 Weather limitations. Material shall not be placed unless the ambient air temperature is at least 40°F (4°C) and rising. Work on base course shall not be conducted when the subgrade or subbase is wet or frozen or the base material contains frozen material. 209-3.7 Maintenance. The base course shall be maintained in a condition that will meet all specification requirements. When material has been exposed to excessive rain, snow, or freeze-thaw conditions, prior to placement of additional material, the Contractor shall verify that materials still meet all specification requirements. Equipment may be routed over completed sections of base course, provided that no damage results and the equipment is routed over the full width of the completed base course. Any damage resulting to the base course from routing equipment over the base course shall be repaired by the Contractor at the Contractor’s expense.
209-3.8 Surface tolerances. After the course has been compacted, the surface shall be tested for smoothness and accuracy of grade and crown. Any portion lacking the required smoothness or failing in accuracy of grade or crown shall be scarified to a depth of at least 3 inches (75 mm), reshaped and recompacted to grade until the required smoothness and accuracy are obtained and approved by the RPR.

Any deviation in surface tolerances shall be corrected by the Contractor at the Contractor’s expense. The smoothness and accuracy requirements specified here apply only to the top layer when base course is constructed in more than one layer.
a. Smoothness. The finished surface shall not vary more than 3/8-inch when tested with a 12-foot straightedge applied parallel with and at right angles to the centerline. The straightedge shall be moved continuously forward at half the length of the 12-foot straightedge for the full length of each line on a 50- foot grid.
b. Grade. The grade and crown shall be measured on a 50-foot grid and shall be within +0 and -1/2 inch of the specified grade.
209-3.9 Acceptance sampling and testing. Crushed aggregate base course shall be accepted for density and thickness on an area basis. Two tests shall be made for density and thickness for each 1,000 square yards. Sampling locations will be determined on a random basis per ASTM D3665 a. Density. The Contractor’s laboratory shall perform all density tests in the RPR’s presence and provide the test results upon completion to the RPR for acceptance.

Each area shall be accepted for density when the field density is at least 100% of the maximum density of laboratory specimens compacted and tested per ASTM D1557. The in-place field density shall be determined per ASTM D1556 or ASTM D6938 using Procedure A, the direct transmission method, and ASTM D6938 shall be used to determine the moisture content of the material. The machine shall be calibrated in accordance with ASTM D6938. If the specified density is not attained, the area represented by the failed test must be reworked and/or recompacted and two additional random tests made. This procedure shall be followed until the specified density is reached. Maximum density refers to maximum dry density at optimum moisture content unless otherwise specified.

When the material has greater than 30 percent retained on the ¾ inch sieve, use methods in ASTM D1557 for correction of maximum dry density and optimum moisture for oversized particles. b. Thickness. Depth tests shall be made by test holes at least 3 inches in diameter that extend through the base. The thickness of the base course shall be within +0 and -1/2 inch of the specified thickness as determined by depth tests taken by the Contractor in the presence of the RPR for each area. At the contractor’s option, thickness verification may be completed by survey (performed by the contractor in the presence of the RPR) of the top and bottom of the material placed using a 25’ grid. Where the thickness is deficient by more than 1/2-inch, the Contractor shall correct such areas at no additional cost by scarifying to a depth of at least 3 inches, adding new material of proper gradation, and the material shall be blended Division V Technical Provisions
Page P-209-5
and recompacted to grade. The Contractor shall replace, at his expense, base material where depth tests have been taken.
209-3.10 Scarify and Recompact Existing Aggregate Base Course. Existing aggregate base course under areas to be paved or future pavement sections or specific areas shown on the plans shall be compacted to a depth of 6 inches conforming to Section 209-3.5 of the FAA Technical Provisions.

Weather limitations and all tolerances shall conform to Sections 209-3.6 and 209-3.8 of the FAA Technical Provisions.

METHOD OF MEASUREMENT
209-4.1 The quantity of crushed aggregate base course will be determined by measurement of the number of tons of material actually constructed and accepted by the RPR as complying with the plans and specifications. Batch weights or truck scale weights shall be used to determine the basis of tonnage. Base materials shall not be included in any other excavation quantities. 209-4.2 The method of measurement for scarifying and recompacting of the existing aggregate base course for the specified areas to receive payment will be per square yard of existing base course scarified and recompacted.

BASIS OF PAYMENT
209-5.1 Payment shall be made at the contract unit price per ton for crushed aggregate base course. This price shall be full compensation for furnishing all materials, for preparing and placing these materials, and for all labor, equipment tools, and incidentals necessary to complete the item. 209-5.2 Payment will be made at the contract unit price per square yard of existing aggregate base course scarified and recompacted for the respective items of work. This price shall be full compensation for furnishing all materials, labor, equipment, tools, water, and incidentals necessary to complete this item.

Payment will be made under:

Item P-209-5.1 Crushed Aggregate Base Course - per ton
Item P-209-5.2 Scarify and Recompact Existing Aggregate Base Course – per square yard
Division V Technical Provisions
Page P-209-6

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 C29 Standard Test Method for Bulk Density (“Unit Weight”) and Voids in Aggregate
ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
ASTM C117 Standard Test Method for Materials Finer than 75-ȝP 1R
6LHYHLQ
Mineral Aggregates by Washing
ASTM C131 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregates
ASTM C142 Standard Test Method for Clay Lumps and Friable Particles in Aggregates
ASTM D75 Standard Practice for Sampling Aggregates
ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3
ௗ
N1-m/m3))
ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method
ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2700 kN-m/m3 ))
ASTM D2167 Standard Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method
ASTM D2419 Standard Test Method for Sand Equivalent Value of Soils and Fine Aggregate
ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4491 Standard Test Methods for Water Permeability of Geotextiles by Permittivity
ASTM D4643 Standard Test Method for Determination of Water Content of Soil and Rock by Microwave Oven Heating
ASTM D4751 Standard Test Methods for Determining Apparent Opening Size of a Geotextile
ASTM D4791 Standard Test Method for Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate
ASTM D5821 Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate
Division V Technical Provisions
Page P-209-7
ASTM D6938 Standard Test Method for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)
ASTM D7928 Standard Test Method for Particle-Size Distribution (Gradation) of FineGrained Soils Using the Sedimentation (Hydrometer) Analysis American Association of State Highway and Transportation Officials (AASHTO) M288 Standard Specification for Geosynthetic Specification for Highway Applications
T88 Standard Method of Test for Particle Size Analysis of Soils END OF ITEM P-209
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Page Intentionally Left Blank
Division V Technical Provisions
Page P-401-1
Item P-401 Asphalt Mix Pavement

DESCRIPTION
401-1.1 This item shall consist of pavement courses composed of mineral aggregate and asphalt binder mixed in a central mixing plant and placed on a prepared base or stabilized course in accordance with these specifications and shall conform to the lines, grades, thicknesses, and typical cross-sections shown on the plans. Each course shall be constructed to the depth, typical section, and elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course.

MATERIALS
401-2.1 Aggregate. Aggregates shall consist of crushed stone, crushed gravel, crushed slag, screenings, natural sand, and mineral filler, as required. Slag shall not be used unless it is shown to be non-expansive when submerged in water. The aggregates should have no known history of detrimental pavement staining due to ferrous sulfides, such as pyrite. Coarse aggregate is the material retained on the No. 4 (4.75 mm) sieve. Fine aggregate is the material passing the No. 4 (4.75 mm) sieve. a. Coarse aggregate. Coarse aggregate shall consist of sound, tough, durable particles, free from films of matter that would prevent thorough coating and bonding with the asphalt material and free from organic matter and other deleterious substances. Coarse aggregate material requirements are given in the table below.

Coarse Aggregate Material Requirements
Material Test Requirement Standard
Resistance to Degradation Loss: 40% maximum ASTM C131
Soundness of Aggregates
by Use of Sodium Sulfate or
Magnesium Sulfate
Loss after 5 cycles:
12% maximum using Sodium sulfate - or -
18% maximum using magnesium sulfate
ASTM C88
Clay lumps and friable
particles

1.0% maximum ASTM C142
Percentage of Fractured
Particles
Minimum 75% by weight of particles with at least two
fractured faces and 85% with at least one fractured
face1
ASTM D5821
Flat, Elongated, or Flat and
Elongated Particles
8% maximum, by weight, of flat, elongated, or flat and
elongated particles at 5:1 2
ASTM D4791
1 The area of each face shall be equal to at least 75% of the smallest mid-sectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 degrees to count as two fractured faces.
2 A flat particle is one having a ratio of width to thickness greater than five (5); an elongated particle is one having a ratio of length to width greater than five (5). b. Fine aggregate. Fine aggregate shall consist of clean, sound, tough, durable, angular shaped particles produced by crushing stone, slag, or gravel and shall be free from coatings of clay, silt, or other objectionable matter. Natural (non-manufactured) sand may be used to obtain the gradation of the fine aggregate blend or to improve the workability of the mix. Fine aggregate material requirements are listed in the table below.

Division V Technical Provisions
Page P-401-2
Fine Aggregate Material Requirements
Material Test Requirement Standard
Liquid limit 25 maximum ASTM D4318
Plasticity Index 4 maximum ASTM D4318
Soundness of Aggregates
by Use of Sodium Sulfate or
Magnesium Sulfate
Loss after 5 cycles:
10% maximum using Sodium sulfate - or -
15% maximum using magnesium sulfate
ASTM C88
Clay lumps and friable
particles

1.0% maximum ASTM C142
Sand equivalent 45 minimum ASTM D2419
Natural Sand 10% maximum by weight of total aggregate ASTM D1073 c. Sampling. ASTM D75 shall be used in sampling coarse and fine aggregate. 401-2.2 Mineral filler. Mineral filler (baghouse fines) may be added in addition to material naturally present in the aggregate. Mineral filler shall meet the requirements of ASTM D242.

Mineral Filler Requirements
Material Test Requirement Standard
Plasticity Index 4 maximum ASTM D4318
401-2.3 Asphalt binder. Asphalt binder shall conform to ASTM D6373 Performance Grade (PG) 70-10. 401-2.4 Anti-stripping agent. Any anti-stripping agent or additive (anti-strip) shall be heat stable and shall not change the asphalt binder grade beyond specifications. Anti-strip shall be an approved material of the Department of Transportation of the State in which the project is located.

COMPOSITION
401-3.1 Composition of mixture(s). The asphalt mix shall be composed of a mixture of aggregates, filler and anti-strip agent if required, and asphalt binder. The aggregate fractions shall be sized, handled in separate size groups, and combined in such proportions that the resulting mixture meets the grading requirements of the job mix formula (JMF).
401-3.2 Job mix formula (JMF) laboratory. The laboratory used to develop the JMF shall possess a current certificate of accreditation, listing D3666 from a national accrediting authority and all test methods required for developing the JMF; and be listed on the accrediting authority’s website. A copy of the laboratory’s current accreditation and accredited test methods shall be submitted to the Resident Project Representative (RPR) prior to start of construction.
401-3.3 Job mix formula (JMF). No asphalt mixture shall be placed until an acceptable mix design has been submitted to the RPR for review and accepted in writing. The RPR’s review shall not relieve the Contractor of the responsibility to select and proportion the materials to comply with this section.

When the project requires asphalt mixtures of differing aggregate gradations and/or binders, a separate JMF shall be submitted for each mix. Add anti-stripping agent to meet tensile strength requirements.

Division V Technical Provisions
Page P-401-3
The JMF shall be prepared by an accredited laboratory that meets the requirements of paragraph 404-3.2. The asphalt mixture shall be designed using procedures contained in the Asphalt Institute MS-2 Mix Design Manual, 7th Edition. Samples shall be prepared and compacted using a Marshall compactor in accordance with ASTM D6926.

Should a change in sources of materials be made, a new JMF must be submitted to the RPR for review and accepted in writing before the new material is used. After the initial production JMF has been approved by the RPR and a new or modified JMF is required for whatever reason, the subsequent cost of the new or modified JMF, including a new control strip when required by the RPR, will be borne by the Contractor.

The RPR may request samples at any time for testing, prior to and during production, to verify the quality of the materials and to ensure conformance with the applicable specifications.

The JMF shall be submitted in writing by the Contractor at least 30 days prior to the start of paving operations. The JMF shall be developed within the same construction season using aggregates proposed for project use.

The JMF shall be dated, and stamped or sealed by the responsible professional Engineer of the laboratory and shall include the following items as a minimum:
• Manufacturer’s Certificate of Analysis (COA) for the asphalt binder used in the JMF in accordance with paragraph 401-2.3. Certificate of asphalt performance grade is with modifier already added, if used and must indicate compliance with ASTM D6373. For plant modified asphalt binder, certified test report indicating grade certification of modified asphalt binder. • Manufacturer’s Certificate of Analysis (COA) for the anti-stripping agent if used in the JMF in accordance with paragraph 401-2.4.
• Certified material test reports for the course and fine aggregate and mineral filler in accordance with paragraphs 401-2.1.
• Percent passing each sieve size for individual gradation of each aggregate cold feed and/or hot bin; percent by weight of each cold feed and/or hot bin used; and the total combined gradation in the JMF.
• Specific Gravity and absorption of each coarse and fine aggregate. • Percent natural sand.
• Percent fractured faces.
• Percent by weight of flat particles, elongated particles, and flat and elongated particles (and criteria).
• Percent of asphalt.
• Number of blows
• Laboratory mixing and compaction temperatures.
• Supplier-recommended field mixing and compaction temperatures. • Plot of the combined gradation on a 0.45 power gradation curve. • Graphical plots of air voids, voids in the mineral aggregate (VMA), and unit weight versus asphalt content. To achieve minimum VMA during production, the mix design needs to account for material breakdown during production.
• Tensile Strength Ratio (TSR).

Division V Technical Provisions
Page P-401-4
• Type and amount of Anti-strip agent when used.
• Asphalt Pavement Analyzer (APA) or Hamburg Wheel Test results. • Date the JMF was developed. Mix designs that are not dated or which are from a prior construction season shall not be accepted.

Table 1. Asphalt Design Criteria
Test Property Value Test Method
Number of blows 75
Air voids (%) 3.5 ASTM D3203
Percent voids in mineral
aggregate (VMA), minimum See Table 2 ASTM D6995
Tensile Strength Ratio (TSR)1 not less than 75 at a saturation of 70-80%
ASTM D4867
Asphalt Pavement Analyzer
(APA)2 3 Less than 10 mm @ 4000 passes
AASHTO T340 at 250 psi hose
SUHVVXUHDWၨ&WHVW
temperature
Hamburg Wheel Test3 Less than 10mm @ 20,000
passes @50°C
AASHTO T324
1 Test specimens for TSR shall be compacted at 7 ± 1.0 % air voids. In areas subject to freeze-thaw, use freezethaw conditioning in lieu of moisture conditioning per ASTM D4867. 2 AASHTO T340 at 100 psi hose pressure at 64°C test temperature may be used in the interim. If this method is used the required Value shall be less than 5 mm @ 8000 passes 3 Asphalt shall meet either Asphalt Pavement Analyzer or Hamburg Wheel Test Standards.

The mineral aggregate shall be of such size that the percentage composition by weight, as determined by laboratory sieves, will conform to the gradation or gradations specified in Table 2 when tested in accordance with ASTM C136 and ASTM C117.

The gradations in Table 2 represent the limits that shall determine the suitability of aggregate for use from the sources of supply; be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa.

Division V Technical Provisions
Page P-401-5
Table 2. Aggregate - Asphalt Pavements
Sieve Size Percentage by Weight
Passing Sieve
1 inch (25.0 mm) 100
3/4 inch (19.0 mm) 90-100
1/2 inch (12.5 mm) 74-86
3/8 inch (9.5 mm) 63-75
No. 4 (4.75 mm) 41-55
No. 8 (2.36 mm) 30-38
No. 16 (1.18 mm) 18-26
No. 30 (600 µm) 12-18
No. 50 (300 µm) 8-14
No. 100 (150 µm) 6-11
No. 200 (75 µm) 3-6
Minimum Voids in Mineral Aggregate (VMA)1 14.0
Asphalt Percent:

Stone or gravel 4.5-7.0
Slag N/A
1 To achieve minimum VMA during production, the mix design needs to account for material breakdown during production.

The aggregate gradations shown are based on aggregates of uniform specific gravity. The percentages passing the various sieves shall be corrected when aggregates of varying specific gravities are used, as indicated in the Asphalt Institute MS-2 Mix Design Manual, 7th Edition. 401-3.4 Reclaimed asphalt pavement (RAP). RAP shall not be used. 401-3.5 Control Strip. Full production shall not begin until an acceptable control strip has been constructed and accepted in writing by the RPR. The Contractor shall prepare and place a quantity of asphalt according to the JMF. The underlying grade or pavement structure upon which the control strip is to be constructed shall be the same as the remainder of the course represented by the control strip.

The Contractor will not be allowed to place the control strip until the Contractor quality control program (CQCP), showing conformance with the requirements of paragraph 401-5.1, has been accepted, in writing, by the RPR.

The control strip will consist of at least 250 tons or 1/2 sublot, whichever is greater. The control strip shall be placed in two lanes of the same width and depth to be used in production with a longitudinal cold joint.

The cold joint must be cut back in accordance with paragraph 401-4.14 using the same procedure that will be used during production. The cold joint for the control strip will be an exposed construction joint at least four (4) hours old or when the mat has cooled to less than 160°F. The equipment used in construction of the control strip shall be the same type, configuration and weight to be used on the project.

The control strip will be considered acceptable by the RPR if the gradation, asphalt content, and VMA are within the action limits specified in paragraph 401-5.5a; and Mat density greater than or equal to 94.5%, air voids 3.5% +/- 1%, and joint density greater than or equal to 92.5%.

Division V Technical Provisions
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If the control strip is unacceptable, necessary adjustments to the JMF, plant operation, placing procedures, and/or rolling procedures shall be made and another control strip shall be placed. Unacceptable control strips shall be removed at the Contractor’s expense.

The control strip will be considered one lot for payment based upon the average of a minimum of 3 samples (no sublots required for control strip). Payment will only be made for an acceptable control strip in accordance with paragraph 401-8.1 using a lot pay factor equal to 100.

CONSTRUCTION METHODS
401-4.1 Weather limitations. The asphalt shall not be placed upon a wet surface or when the surface temperature of the underlying course is less than specified in Table 4. The temperature requirements may be waived by the RPR, if requested; however, all other requirements including compaction shall be met.

Table 4. Surface Temperature Limitations of Underlying Course Mat Thickness
Base Temperature (Minimum)
qF qC
3 inches (7.5 cm) or greater 40 1 4
Greater than 2 inches (50 mm)
but less than 3 inches (7.5 cm) 45 7
401-4.2 Asphalt plant. Plants used for the preparation of asphalt shall conform to the requirements of American Association of State Highway and Transportation Officials (AASHTO) M156 including the following items.
a. Inspection of plant. The RPR, or RPR’s authorized representative, shall have access, at all times, to all areas of the plant for checking adequacy of equipment; inspecting operation of the plant: verifying weights, proportions, and material properties; and checking the temperatures maintained in the preparation of the mixtures.
b. Storage bins and surge bins. The asphalt mixture stored in storage and/or surge bins shall meet the same requirements as asphalt mixture loaded directly into trucks. Asphalt mixture shall not be stored in storage and/or surge bins for a period greater than twelve (12) hours. If the RPR determines there is an excessive heat loss, segregation, or oxidation of the asphalt mixture due to temporary storage, temporary storage shall not be allowed.
401-4.3 Aggregate stockpile management. Aggregate stockpiles shall be constructed in a manner that prevents segregation and intermixing of deleterious materials. Aggregates from different sources shall be stockpiled, weighed and batched separately at the asphalt batch plant. Aggregates that have become segregated or mixed with earth or foreign material shall not be used.

A continuous supply of materials shall be provided to the work to ensure continuous placement. 401-4.4 Hauling equipment. Trucks used for hauling asphalt shall have tight, clean, and smooth metal beds. To prevent the asphalt from sticking to the truck beds, the truck beds shall be lightly coated with a minimum amount of paraffin oil, lime solution, or other material approved by the RPR. Petroleum products shall not be used for coating truck beds. Each truck shall have a suitable cover to protect the mixture from adverse weather. When necessary, to ensure that the mixture will be delivered to the site at the specified temperature, truck beds shall be insulated or heated and covers shall be securely fastened. 401-4.4.1 Material transfer vehicle (MTV). Material transfer vehicles are not required.

Division V Technical Provisions
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401-4.5 Asphalt pavers. Asphalt pavers shall be self-propelled with an activated heated screed, capable of spreading and finishing courses of asphalt that will meet the specified thickness, smoothness, and grade.

The paver shall have sufficient power to propel itself and the hauling equipment without adversely affecting the finished surface. The asphalt paver shall be equipped with a control system capable of automatically maintaining the specified screed grade and elevation.

If the spreading and finishing equipment in use leaves tracks or indented areas, or produces other blemishes in the pavement that are not satisfactorily corrected by the scheduled operations, the use of such equipment shall be discontinued.

The paver shall be capable of paving to a minimum width specified in paragraph 401-4.12. 401-4.6 Rollers. The number, type, and weight of rollers shall be sufficient to compact the asphalt to the required density while it is still in a workable condition without crushing of the aggregate, depressions or other damage to the pavement surface. Rollers shall be in good condition, clean, and capable of operating at slow speeds to avoid displacement of the asphalt. All rollers shall be specifically designed and suitable for compacting asphalt concrete and shall be properly used. Rollers that impair the stability of any layer of a pavement structure or underlying soils shall not be used. 401-4.7 Density device. The Contractor shall have on site a density gauge during all paving operations in order to assist in the determination of the optimum rolling pattern, type of roller and frequencies, as well as to monitor the effect of the rolling operations during production paving. The Contractor shall supply a qualified technician during all paving operations to calibrate the gauge and obtain accurate density readings for all new asphalt. These densities shall be supplied to the RPR upon request at any time during construction. No separate payment will be made for supplying the density gauge and technician. 401-4.8 Preparation of asphalt binder. The asphalt binder shall be heated in a manner that will avoid local overheating and provide a continuous supply of the asphalt binder to the mixer at a uniform temperature. The temperature of unmodified asphalt binder delivered to the mixer shall be sufficient to provide a suitable viscosity for adequate coating of the aggregate particles, but shall not exceed 325°F (160°C) when added to the aggregate. The temperature of modified asphalt binder shall be no more than 350°F (175°C) when added to the aggregate.
401-4.9 Preparation of mineral aggregate. The aggregate for the asphalt shall be heated and dried. The maximum temperature and rate of heating shall be such that no damage occurs to the aggregates. The temperature of the aggregate and mineral filler shall not exceed 350°F (175°C) when the asphalt binder is added. Particular care shall be taken that aggregates high in calcium or magnesium content are not damaged by overheating. The temperature shall not be lower than is required to obtain complete coating and uniform distribution on the aggregate particles and to provide a mixture of satisfactory workability. 401-4.10 Preparation of Asphalt mixture. The aggregates and the asphalt binder shall be weighed or metered and mixed in the amount specified by the JMF. The combined materials shall be mixed until the aggregate obtains a uniform coating of asphalt binder and is thoroughly distributed throughout the mixture.

Wet mixing time shall be the shortest time that will produce a satisfactory mixture, but not less than 25 seconds for batch plants. The wet mixing time for all plants shall be established by the Contractor, based on the procedure for determining the percentage of coated particles described in ASTM D2489, for each individual plant and for each type of aggregate used. The wet mixing time will be set to achieve 95% of coated particles. For continuous mix plants, the minimum mixing time shall be determined by dividing the weight of its contents at operating level by the weight of the mixture delivered per second by the mixer.

The moisture content of all asphalt upon discharge shall not exceed 0.5%. 401-4.11 Application of Prime and Tack Coat. Immediately before placing the asphalt mixture, the underlying course shall be cleaned of all dust and debris.

Division V Technical Provisions
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A prime coat in accordance with Item P-602 shall be applied to aggregate base prior to placing the asphalt mixture.

A tack coat shall be applied in accordance with Item P-603 to all vertical and horizontal asphalt and concrete surfaces prior to placement of the first and each subsequent lift of asphalt mixture. 401-4.12 Laydown plan, transporting, placing, and finishing. Prior to the placement of the asphalt, the Contractor shall prepare a laydown plan with the sequence of paving lanes and width to minimize the number of cold joints; the location of any temporary ramps; laydown temperature; and estimated time of completion for each portion of the work (milling, paving, rolling, cooling, etc.). The laydown plan and any modifications shall be approved by the RPR.

Deliveries shall be scheduled so that placing and compacting of asphalt is uniform with minimum stopping and starting of the paver. Hauling over freshly placed material shall not be permitted until the material has been compacted, as specified, and allowed to cool to approximately ambient temperature. The Contractor, at their expense, shall be responsible for repair of any damage to the pavement caused by hauling operations.

Contractor shall survey each lift of asphalt surface course and certify to RPR that every lot of each lift meets the grade tolerances of paragraph 401-6.2d before the next lift can be placed.

Edges of existing asphalt pavement abutting the new work shall be saw cut and the cut off material and laitance removed. Apply a tack coat in accordance with P-603 before new asphalt material is placed against it.

The speed of the paver shall be regulated to eliminate pulling and tearing of the asphalt mat. Placement of the asphalt mix shall begin along the centerline of a crowned section or on the high side of areas with a one way slope unless shown otherwise on the laydown plan as accepted by the RPR. The asphalt mix shall be placed in consecutive adjacent lanes having a minimum width of 10 feet except where edge lanes require less width to complete the area. Additional screed sections attached to widen the paver to meet the minimum lane width requirements must include additional auger sections to move the asphalt mixture uniformly along the screed extension.

The longitudinal joint in one course shall offset the longitudinal joint in the course immediately below by at least one foot; however, the joint in the surface top course shall be at the centerline of crowned pavements.

Transverse joints in one course shall be offset by at least 10 feet from transverse joints in the previous course. Transverse joints in adjacent lanes shall be offset a minimum of 10 feet. On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the asphalt may be spread and luted by hand tools.

The RPR may at any time, reject any batch of asphalt, on the truck or placed in the mat, which is rendered unfit for use due to contamination, segregation, incomplete coating of aggregate, or overheated asphalt mixture. Such rejection may be based on only visual inspection or temperature measurements. In the event of such rejection, the Contractor may take a representative sample of the rejected material in the presence of the RPR, and if it can be demonstrated in the laboratory, in the presence of the RPR, that such material was erroneously rejected, payment will be made for the material at the contract unit price.

Areas of segregation in the surface course, as determined by the RPR, shall be removed and replaced at the Contractor’s expense. The area shall be removed by saw cutting and milling a minimum of the construction lift thickness as specified in paragraph 401-3.3, Table 2 for the approved mix design. The area to be removed and replaced shall be a minimum width of the paver and a minimum of 10 feet long. 401-4.13 Compaction of asphalt mixture. After placing, the asphalt mixture shall be thoroughly and uniformly compacted by self-propelled rollers. The surface shall be compacted as soon as possible when the asphalt has attained sufficient stability so that the rolling does not cause undue displacement, cracking or shoving. The sequence of rolling operations and the type of rollers used shall be at the discretion of the Contractor. The speed of the roller shall, at all times, be sufficiently slow to avoid displacement of the hot Division V Technical Provisions
Page P-401-9
mixture and be effective in compaction. Any surface defects and/or displacement occurring as a result of the roller, or from any other cause, shall be corrected at the Contractor’s expense.

Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall continue until the surface is of uniform texture, true to grade and cross-section, and the required field density is obtained. To prevent adhesion of the asphalt to the roller, the wheels shall be equipped with a scraper and kept moistened with water as necessary.

In areas not accessible to the roller, the mixture shall be thoroughly compacted with approved power tampers.

Any asphalt that becomes loose and broken, mixed with dirt, contains check-cracking, or in any way defective shall be removed and replaced with fresh hot mixture and immediately compacted to conform to the surrounding area. This work shall be done at the Contractor’s expense. Skin patching shall not be allowed.
401-4.14 Joints. The formation of all joints shall be made to ensure a continuous bond between the courses and obtain the required density. All joints shall have the same texture as other sections of the course and meet the requirements for smoothness and grade.

The roller shall not pass over the unprotected end of the freshly laid asphalt except when necessary to form a transverse joint. When necessary to form a transverse joint, it shall be made by means of placing a bulkhead or by tapering the course. The tapered edge shall be cut back to its full depth and width on a straight line to expose a vertical face prior to placing the adjacent lane. In both methods, all contact surfaces shall be coated with an asphalt tack coat before placing any fresh asphalt against the joint.

Longitudinal joints which have been left exposed for more than four (4) hours; the surface temperature has cooled to less than 175°F; or are irregular, damaged, uncompacted or otherwise defective shall be cut back with a cutting wheel or pavement saw a maximum of 3 inches to expose a clean, sound, uniform vertical surface for the full depth of the course. All cutback material and any laitance produced from cutting joints shall be removed from the project. Asphalt tack coat in accordance with P-603 shall be applied to the clean, dry joint prior to placing any additional fresh asphalt against the joint. The cost of this work shall be considered incidental to the cost of the asphalt.
401-4.15 Saw-cut grooving. Saw-cut grooving is not required. 401-4.16 Diamond grinding. Diamond grinding shall be completed prior to pavement grooving.

Diamond grinding shall be accomplished by sawing with saw blades impregnated with industrial diamond abrasive.

Diamond grinding shall be performed with a machine designed specifically for diamond grinding capable of cutting a path at least 3 feet wide. The saw blades shall be 1/8-inch wide with a sufficient number of blades to create grooves between 0.090 and 0.130 inches wide; and peaks and ridges approximately 1/32 inch higher than the bottom of the grinding cut. The actual number of blades will be determined by the Contractor and depend on the hardness of the aggregate. Equipment or grinding procedures that cause ravels, aggregate fractures, spalls or disturbance to the pavement will not be permitted. Contractor shall demonstrate to the RPR that the grinding equipment will produce satisfactory results prior to making corrections to surfaces. Grinding will be tapered in all directions to provide smooth transitions to areas not requiring grinding. The slurry resulting from the grinding operation shall be continuously removed and the pavement left in a clean condition. The Contractor shall apply a surface treatment per P-608 to all areas that have been subject to grinding.
401-4.17 Nighttime paving requirements. The Contractor shall provide adequate lighting during any nighttime construction. A lighting plan shall be submitted by the Contractor and approved by the RPR prior to the start of any nighttime work. All work shall be in accordance with the approved CSPP and lighting plan.

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CONTRACTOR QUALITY CONTROL (CQC)
401-5.1 General. The Contractor shall develop a Contractor Quality Control Program (CQCP) in accordance with Item C-100. No partial payment will be made for materials without an approved CQCP.

401-5.2 Contractor quality control (QC) facilities. The Contractor shall provide or contract for testing facilities in accordance with Item C-100. The Contractor shall provide laboratory facilities and equipment for the RPR to perform QA testing in the QC laboratory with the RPR’s personnel. The RPR shall be permitted unrestricted access to inspect the Contractor’s QC facilities and witness QC activities. The RPR will advise the Contractor in writing of any noted deficiencies concerning the QC facility, equipment, supplies, or testing personnel and procedures. When the deficiencies are serious enough to be adversely affecting the test results, the incorporation of the materials into the work shall be suspended immediately and will not be permitted to resume until the deficiencies are satisfactorily corrected. 401-5.3 Contractor QC testing. The Contractor shall perform all QC tests necessary to control the production and construction processes applicable to these specifications and as set forth in the approved CQCP. The testing program shall include, but not necessarily be limited to, tests for the control of asphalt content, aggregate gradation, temperatures, aggregate moisture, field compaction, and surface smoothness.

A QC Testing Plan shall be developed as part of the CQCP. a. Asphalt content. A minimum of two tests shall be performed per day in accordance with ASTM D6307 or ASTM D2172 for determination of asphalt content. When using ASTM D6307, the correction factor shall be determined as part of the first test performed at the beginning of plant production; and as part of every tenth test performed thereafter. The asphalt content for the day will be determined by averaging the test results.
b. Gradation. Aggregate gradations shall be determined a minimum of twice per day from mechanical analysis of extracted aggregate in accordance with ASTM D5444, ASTM C136, and ASTM C117. c. Moisture content of aggregate. The moisture content of aggregate used for production shall be determined a minimum of once per day in accordance with ASTM C566. d. Moisture content of asphalt. The moisture content shall be determined once per day in accordance with AASHTO T329 or ASTM D1461.
e. Temperatures. Temperatures shall be checked, at least four times per day, at necessary locations to determine the temperatures of the dryer, the asphalt binder in the storage tank, the asphalt at the plant, and the asphalt at the job site.
f. In-place density monitoring. The Contractor shall conduct any necessary testing to ensure that the specified density is being achieved. A nuclear gauge may be used to monitor the pavement density in accordance with ASTM D2950.
g. Smoothness for Contractor Quality Control.

The Contractor shall perform smoothness testing in transverse and longitudinal directions daily to verify that the construction processes are producing pavement with variances less than ¼ inch in 12 feet, identifying areas that may pond water which could lead to hydroplaning of aircraft. If the smoothness criteria is not met, appropriate changes and corrections to the construction process shall be made by the Contractor before construction continues
The Contractor may use a 12-foot “straightedge, a rolling inclinometer meeting the requirements of ASTM E2133 or rolling external reference device that can simulate a 12-foot straightedge approved by the RPR. Straight-edge testing shall start with one-half the length of the straightedge at the edge of pavement section being tested and then moved ahead one-half the length of the straightedge for each successive measurement. Testing shall be continuous across all joints. The surface irregularity shall be determined Division V Technical Provisions
Page P-401-11
by placing the freestanding (unleveled) straightedge on the pavement surface and allowing it to rest upon the two highest spots covered by its length, and measuring the maximum gap between the straightedge and the pavement surface in the area between the two high points. If the rolling inclinometer or external reference device is used, the data may be evaluated using the FAA profile program, ProFAA, or FHWA ProVal, using the 12-foot straightedge simulation function.

Smoothness readings shall not be made across grade changes or cross slope transitions. The transition between new and existing pavement shall be evaluated separately for conformance with the plans. (1) Transverse measurements. Transverse measurements shall be taken for each day’s production placed. Transverse measurements shall be taken perpendicular to the pavement centerline each 50 feet or more often as determined by the RPR. The joint between lanes shall be tested separately to facilitate smoothness between lanes.
(2) Longitudinal measurements. Longitudinal measurements shall be taken for each day’s production placed. Longitudinal tests shall be parallel to the centerline of paving; at the center of paving lanes when widths of paving lanes are less than 20 feet (6 m); and at the third points of paving lanes when widths of paving lanes are 20 ft (6 m) or greater. When placement abuts previously placed material the first measurement shall start with one half the length of the straight edge on the previously placed material.

Deviations on the final surface course in either the transverse or longitudinal direction that will trap water greater than 1/4 inch (6 mm) shall be corrected with diamond grinding per paragraph 401-4.16 or by removing and replacing the surface course to full depth. Grinding shall be tapered in all directions to provide smooth transitions to areas not requiring grinding. All areas in which diamond grinding has been performed shall be subject to the final pavement thickness tolerances specified in paragraph 401-6.1d(3).

Areas that have been ground shall be sealed with a surface treatment in accordance with Item P-608. To avoid the surface treatment creating any conflict with runway or taxiway markings, it may be necessary to seal a larger area.

Control charts shall be kept to show area of each day’s placement and the percentage of corrective grinding required. Corrections to production and placement shall be initiated when corrective grinding is required. If the Contractor’s machines and/or methods produce significant areas that need corrective actions in excess of 10 percent of a day’s production, production shall be stopped until corrective measures are implemented by the Contractor.
h. Grade. Grade shall be evaluated daily to allow adjustments to paving operations when grade measurements do not meet specifications. As a minimum, grade shall be evaluated prior to and after the placement of the first lift and after placement of the surface lift.

Measurements will be taken at appropriate gradelines (as a minimum at center and edges of paving lane) and longitudinal spacing as shown on cross-sections and plans. The final surface of the pavement will not vary from the gradeline elevations and cross-sections shown on the plans by more than 1/2 inch.

The documentation will be provided by the Contractor to the RPR by the end of the following working day.

Areas with humps or depressions that exceed grade or smoothness criteria and that retain water on the surface must be ground off provided the course thickness after grinding is not more than 1/2 inch (12 mm) less than the thickness specified on the plans. Grinding shall be in accordance with paragraph 401-4.16.

The Contractor shall repair low areas or areas that cannot be corrected by grinding by removal of deficient areas to the depth of the final course plus ½ inch and replacing with new material. Skin patching is not allowed.
401-5.4 Sampling. When directed by the RPR, the Contractor shall sample and test any material that appears inconsistent with similar material being sampled, unless such material is voluntarily removed and replaced or deficiencies corrected by the Contractor. All sampling shall be in accordance with standard procedures specified.

Division V Technical Provisions
Page P-401-12
401-5.5 Control charts. The Contractor shall maintain linear control charts for both individual measurements and range (i.e. difference between highest and lowest measurements) for aggregate gradation, asphalt content, and VMA. The VMA for each day will be calculated and monitored by the QC laboratory.

Control charts shall be posted in a location satisfactory to the RPR and kept current. As a minimum, the control charts shall identify the project number, the contract item number, the test number, each test parameter, the Action and Suspension Limits applicable to each test parameter, and the Contractor’s test results. The Contractor shall use the control charts as part of a process control system for identifying potential problems and assignable causes before they occur. If the Contractor’s projected data during production indicates a problem and the Contractor is not taking satisfactory corrective action, the RPR may suspend production or acceptance of the material.
a. Individual measurements. Control charts for individual measurements shall be established to maintain process control within tolerance for aggregate gradation, asphalt content, and VMA. The control charts shall use the job mix formula target values as indicators of central tendency for the following test parameters with associated Action and Suspension Limits:

Control Chart Limits for Individual Measurements
Sieve Action Limit Suspension Limit
3/4 inch (19.0 mm) ±6% ±9%
1/2 inch (12.5 mm) ±6% ±9%
3/8 inch (9.5 mm) ±6% ±9%
No. 4 (4.75 mm) ±6% ±9%
No. 16 (1.18 mm) ±5% ±7.5%
No. 50 (300 µm) ±3% ±4.5%
No. 200 (75 µm) ±2% ±3%
Asphalt Content ±0.45% ±0.70%
Minimum VMA -0.5% -1.0%
b. Range. Control charts shall be established to control gradation process variability. The range shall be plotted as the difference between the two test results for each control parameter. The Suspension Limits specified below are based on a sample size of n = 2. Should the Contractor elect to perform more than two tests per lot, the Suspension Limits shall be adjusted by multiplying the Suspension Limit by 1.18 for n = 3 and by 1.27 for n = 4.

Division V Technical Provisions
Page P-401-13
Control Chart Limits Based on Range
Sieve Suspension Limit
1/2 inch (12.5 mm) 11%
3/8 inch (9.5 mm) 11%
No. 4 (4.75 mm) 11%
No. 16 (1.18 mm) 9%
No. 50 (300 µm) 6%
No. 200 (75 µm) 3.5%
Asphalt Content 0.8%
c. Corrective Action. The CQCP shall indicate that appropriate action shall be taken when the process is believed to be out of tolerance. The Plan shall contain rules to gauge when a process is out of control and detail what action will be taken to bring the process into control. As a minimum, a process shall be deemed out of control and production stopped and corrective action taken, if:
(1) One point falls outside the Suspension Limit line for individual measurements or range; or (2) Two points in a row fall outside the Action Limit line for individual measurements. 401-5.6 QC reports. The Contractor shall maintain records and shall submit reports of QC activities daily, in accordance with Item C-100.

MATERIAL ACCEPTANCE
401-6.1 Acceptance sampling and testing. Unless otherwise specified, all acceptance sampling and testing necessary to determine conformance with the requirements specified in this section will be performed by the RPR at no cost to the Contractor except that coring as required in this section shall be completed and paid for by the Contractor.
a. Quality assurance (QA) testing laboratory. The QA testing laboratory performing these acceptance tests will be accredited in accordance with ASTM D3666. The QA laboratory accreditation will be current and listed on the accrediting authority’s website. All test methods required for acceptance sampling and testing will be listed on the lab accreditation. b. Lot size. A standard lot will be equal to one day’s production divided into approximately equal sublots of between 400 to 600 tons. When only one or two sublots are produced in a day’s production, the sublots will be combined with the production lot from the previous or next day.

Where more than one plant is simultaneously producing asphalt for the job, the lot sizes will apply separately for each plant.
c. Asphalt air voids. Plant-produced asphalt will be tested for air voids on a sublot basis. (1) Sampling. Material from each sublot shall be sampled in accordance with ASTM D3665.

Samples shall be taken from material deposited into trucks at the plant or at the job site in accordance with ASTM D979. The sample of asphalt may be put in a covered metal tin and placed in an oven for not less than 30 minutes nor more than 60 minutes to maintain the material at or above the compaction temperature as specified in the JMF.
(2) Testing. Air voids will be determined for each sublot in accordance with ASTM D3203 for a set of three compacted specimens prepared in accordance with ASTM D6926.

Division V Technical Provisions
Page P-401-14
d. In-place asphalt mat and joint density. Each sublot will be tested for in-place mat and joint density as a percentage of the theoretical maximum density (TMD). (1) Sampling. The Contractor will cut minimum 5 inch (125 mm) diameter samples in accordance with ASTM D5361. The Contractor shall furnish all tools, labor, and materials for cleaning, and filling the cored pavement. Laitance produced by the coring operation shall be removed immediately after coring, and core holes shall be filled within one day after sampling in a manner acceptable to the RPR. (2) Bond. Each lift of asphalt shall be bonded to the underlying layer. If cores reveal that the surface is not bonded, additional cores shall be taken as directed by the RPR to determine the extent of unbonded areas. Unbonded areas shall be removed by milling and replaced at no additional cost as directed by the RPR.
(3) Thickness. Thickness of each lift of surface course will be evaluated by the RPR for compliance to the requirements shown on the plans after any necessary corrections for grade. Measurements of thickness will be made using the cores extracted for each sublot for density measurement. The maximum allowable deficiency at any point will not be more than 1/4 inch (6 mm) less than the thickness indicated for the lift. Average thickness of lift, or combined lifts, will not be less than the indicated thickness. Where the thickness tolerances are not met, the lot or sublot shall be corrected by the Contractor at his expense by removing the deficient area and replacing with new pavement. The Contractor, at his expense, may take additional cores as approved by the RPR to circumscribe the deficient area. (4) Mat density. One core shall be taken from each sublot. Core locations will be determined by the RPR in accordance with ASTM D3665. Cores for mat density shall not be taken closer than one foot (30 cm) from a transverse or longitudinal joint. The bulk specific gravity of each cored sample will be determined in accordance with ASTM D2726. The percent compaction (density) of each sample will be determined by dividing the bulk specific gravity of each sublot sample by the TMD for that sublot. (5) Joint density. One core centered over the longitudinal joint shall be taken for each sublot that has a longitudinal joint. Core locations will be determined by the RPR in accordance with ASTM D3665.

The bulk specific gravity of each core sample will be determined in accordance with ASTM D2726. The percent compaction (density) of each sample will be determined by dividing the bulk specific gravity of each joint density sample by the average TMD for the lot. The TMD used to determine the joint density at joints formed between lots will be the lower of the average TMD values from the adjacent lots. 401-6.2 Acceptance criteria.
a. General. Acceptance will be based on the implementation of the Contractor Quality Control Program (CQCP) and the following characteristics of the asphalt and completed pavements: air voids, mat density, joint density, and grade.
b. Air Voids and Mat density. Acceptance of each lot of plant produced material for mat density and air voids will be based on the percentage of material within specification limits (PWL). If the PWL of the lot equals or exceeds 90%, the lot will be acceptable. Acceptance and payment will be determined in accordance with paragraph 401-8.1.
c. Joint density. Acceptance of each lot of plant produced asphalt for joint density will be based on the PWL. If the PWL of the lot is equal to or exceeds 90%, the lot will be considered acceptable. If the PWL is less than 90%, the Contractor shall evaluate the reason and act accordingly. If the PWL is less than 80%, the Contractor shall cease operations and until the reason for poor compaction has been determined.

If the PWL is less than 71%, the pay factor for the lot used to complete the joint will be reduced by five (5) percentage points. This lot pay factor reduction will be incorporated and evaluated in accordance with paragraph 401-8.1.
d. Grade. The final finished surface of the pavement shall be surveyed to verify that the grade elevations and cross-sections shown on the plans do not deviate more than 1/2 inch vertically.

Division V Technical Provisions
Page P-401-15
Cross-sections of the pavement shall be taken at a minimum 25-foot longitudinal spacing and at all longitudinal grade breaks and at start and end of each lane placed. Minimum cross-section grade points shall include grade at centerline, crown, ± 12.5’ grid from centerline and edge of pavement.

The survey and documentation shall be stamped and signed by a licensed surveyor. Payment for sublots that do not meet grade for over 25% of the sublot shall not be more than 95%. e. Profilograph roughness for QA Acceptance. Not used.
401-6.3 Percentage of material within specification limits (PWL). The PWL will be determined in accordance with procedures specified in Item C-110. The specification tolerance limits (L) for lower and (U) for upper are contained in Table 5.

Table 5. Acceptance Limits for Air Voids and Density
Test Property Pavements Specification
Tolerance Limits
L U
Air Voids Total Mix (%) 2.0 5.0
Surface Course Mat Density (%) 92.8 -
Joint density (%) 90.5 --
a. Outliers. All individual tests for mat density and air voids will be checked for outliers (test criterion) in accordance with ASTM E178, at a significance level of 5%. Outliers will be discarded, and the PWL will be determined using the remaining test values. The criteria in Table 5 is based on production processes which have a variability with the following standard deviations: Surface Course Mat Density (%), 1.30; Joint Density (%), 1.55.

The Contractor should note that (1) 90 PWL is achieved when consistently producing a surface course with an average mat density of at least 94.5% with 1.30% or less variability, (2) 90 PWL is achieved when consistently producing a base course with an average mat density of at least 94.0% with 1.55% or less variability, and (3) 90 PWL is achieved when consistently producing joints with an average joint density of at least 92.5% with 1.55% or less variability.
401-6.4 Resampling pavement for mat density.
a. General. Resampling of a lot of pavement will only be allowed for mat density, and then, only if the Contractor requests same, in writing, within 48 hours after receiving the written test results from the RPR.

A retest will consist of all the sampling and testing procedures contained in paragraphs 401-6.1d and 401-

6.2b. Only one resampling per lot will be permitted.
(1) A redefined PWL will be calculated for the resampled lot. The number of tests used to calculate the redefined PWL will include the initial tests made for that lot plus the retests. (2) The cost for resampling and retesting shall be borne by the Contractor. b. Payment for resampled lots. The redefined PWL for a resampled lot will be used to calculate the payment for that lot in accordance with Table 6.
c. Outliers. Check for outliers in accordance with ASTM E178, at a significance level of 5%.

Division V Technical Provisions
Page P-401-16

METHOD OF MEASUREMENT
401-7.1 Measurement. Asphalt shall be measured by the number of tons of asphalt used in the accepted work. Batch weights or truck scale weights will be used to determine the basis for the tonnage.

BASIS OF PAYMENT
401-8.1 Payment. Payment for a lot of asphalt meeting all acceptance criteria as specified in paragraph 401-6.2 shall be made based on results of tests for mat density and air voids. Payment for acceptable lots shall be adjusted according to paragraph 401-8.1c for mat density and air voids; and paragraph 401-6.2c for joint density, subject to the limitation that:
a. The total project payment for plant mix asphalt pavement shall not exceed 106 percent of the product of the contract unit price and the total number of tons of asphalt used in the accepted work. b. The price shall be compensation for furnishing all materials, for all preparation, mixing, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. c. Basis of adjusted payment. The pay factor for each individual lot shall be calculated in accordance with Table 6. A pay factor shall be calculated for both mat density and air voids. The lot pay factor shall be the higher of the two values when calculations for both mat density and air voids are 100% or higher. The lot pay factor shall be the product of the two values when only one of the calculations for either mat density or air voids is 100% or higher. The lot pay factor shall be the lower of the two values when calculations for both mat density and air voids are less than 100%. If PWL for joint density is less than 71% then the lot pay factor shall be reduced by 5% but be no higher than 95%.

For each lot accepted, the adjusted contract unit price shall be the product of the lot pay factor for the lot and the contract unit price. Payment shall be subject to the total project payment limitation specified in paragraph 401-8.1a. Payment in excess of 100% for accepted lots of asphalt shall be used to offset payment for accepted lots of asphalt pavement that achieve a lot pay factor less than 100%.

Payment for sublots which do not meet grade in accordance with paragraph 401-6.2d after correction for over 25% of the sublot shall be reduced by 5%.

Table 6. Price adjustment schedule1
Percentage of material within specification limits
(PWL)
Lot pay factor (percent of contract unit
price)
96 – 100 106
90 – 95 PWL + 10
75 – 89 0.5 PWL + 55
55 – 74 1.4 PWL – 12
Below 55 Reject 2
1 Although it is theoretically possible to achieve a pay factor of 106% for each lot, actual payment above 100% shall be subject to the total project payment limitation specified in paragraph 401-8.1a. 2 The lot shall be removed and replaced. However, the RPR may decide to allow the rejected lot to remain. In that case, if the RPR and Contractor agree in writing that the lot shall not be removed, it shall be paid for at 50% of the contract unit price and the total project payment shall be reduced by the amount withheld for the rejected lot. d. Profilograph Roughness. Not used.

Division V Technical Provisions
Page P-401-17
401-8.1 Payment.

Payment will be made under:

Item P-401-8.1 Asphalt Surface Course - per ton

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 C29 Standard Test Method for Bulk Density (“Unit Weight”) and Voids in Aggregate
ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
ASTM C117 Standard Test Method for Materials Finer than 75-ȝP 1R
6LHYHLQ
Mineral Aggregates by Washing
ASTM C127 Standard Test Method for Density, Relative Density (Specific Gravity) and Absorption of Coarse Aggregate
ASTM C131 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregates
ASTM C142 Standard Test Method for Clay Lumps and Friable Particles in Aggregates
ASTM C566 Standard Test Method for Total Evaporable Moisture Content of Aggregate by Drying
ASTM D75 Standard Practice for Sampling Aggregates
ASTM D242 Standard Specification for Mineral Filler for Bituminous Paving Mixtures
ASTM D946 Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction
ASTM D979 Standard Practice for Sampling Asphalt Paving Mixtures ASTM D1073 Standard Specification for Fine Aggregate for Asphalt Paving Mixtures ASTM D1188 Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Coated Samples
ASTM D2172 Standard Test Method for Quantitative Extraction of Bitumen from Asphalt Paving Mixtures
ASTM D1461 Standard Test Method for Moisture or Volatile Distillates in Asphalt Paving Mixtures
ASTM D2041 Standard Test Method for Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures
Division V Technical Provisions
Page P-401-18
ASTM D2419 Standard Test Method for Sand Equivalent Value of Soils and Fine Aggregate
ASTM D2489 Standard Practice for Estimating Degree of Particle Coating of Bituminous-Aggregate Mixtures
ASTM D2726 Standard Test Method for Bulk Specific Gravity and Density of NonAbsorptive Compacted Bituminous Mixtures ASTM D2950 Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods
ASTM D3203 Standard Test Method for Percent Air Voids in Compacted Dense and Open Bituminous Paving Mixtures
ASTM D3381 Standard Specification for Viscosity-Graded Asphalt Cement for Use in Pavement Construction
ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D3666 Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials
ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4552 Standard Practice for Classifying Hot-Mix Recycling Agents ASTM D4791 Standard Test Method for Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate
ASTM D4867 Standard Test Method for Effect of Moisture on Asphalt Concrete Paving Mixtures
ASTM D5361 Standard Practice for Sampling Compacted Asphalt Mixtures for Laboratory Testing
ASTM D5444 Standard Test Method for Mechanical Size Analysis of Extracted Aggregate
ASTM D5821 Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate
ASTM D6084 Standard Test Method for Elastic Recovery of Bituminous Materials by Ductilometer
ASTM D6307 Standard Test Method for Asphalt Content of Hot Mix Asphalt by Ignition Method
ASTM D6373 Standard Specification for Performance Graded Asphalt Binder ASTM D6752 Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Automatic Vacuum Sealing Method
ASTM D6925 Standard Test Method for Preparation and Determination of the Relative Density of Hot Mix Asphalt (HMA) Specimens by Means of the SuperPave Gyratory Compactor.

ASTM D6926 Standard Practice for Preparation of Bituminous Specimens Using Marshall Apparatus
Division V Technical Provisions
Page P-401-19
ASTM D6927 Standard Test Method for Marshall Stability and Flow of Bituminous Mixtures
ASTM D6995 Standard Test Method for Determining Field VMA based on the Maximum Specific Gravity of the Mix (Gmm)
ASTM E11 Standard Specification for Woven Wire Test Sieve Cloth and Test Sieves ASTM E178 Standard Practice for Dealing with Outlying Observations ASTM E1274 Standard Test Method for Measuring Pavement Roughness Using a Profilograph
ASTM E950 Standard Test Method for Measuring the Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference
ASTM E2133 Standard Test Method for Using a Rolling Inclinometer to Measure Longitudinal and Transverse Profiles of a Traveled Surface American Association of State Highway and Transportation Officials (AASHTO) AASHTO M156 Standard Specification for Requirements for Mixing Plants for HotMixed, Hot-Laid Bituminous Paving Mixtures.

AASHTO T329 Standard Method of Test for Moisture Content of Hot Mix Asphalt (HMA) by Oven Method
AASHTO T324 Standard Method of Test for Hamburg Wheel-Track Testing of Compacted Asphalt Mixtures
AASHTO T 340 Standard Method of Test for Determining the Rutting Susceptibility of Hot Mix Asphalt (APA) Using the Asphalt Pavement Analyzer (APA) Asphalt Institute (AI)
Asphalt Institute Handbook MS-26, Asphalt Binder
Asphalt Institute MS-2 Mix Design Manual, 7th Edition
AI State Binder Specification Database
Federal Highway Administration (FHWA)
Long Term Pavement Performance Binder Program
Advisory Circulars (AC)
AC 150/5320-6 Airport Pavement Design and Evaluation
FAA Orders
5300.1 Modifications to Agency Airport Design, Construction, and Equipment Standards
Software

FAARFIELD
END OF ITEM P-401
Division V Technical Provisions
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Division V Technical Provisions
Page P-602-1
Item P-602 Emulsified Asphalt Prime Coat

DESCRIPTION
602-1.1 This item shall consist of an application of emulsified asphalt material on the prepared base course in accordance with these specifications and in reasonably close conformity to the lines shown on the plans.

MATERIALS
602-2.1 Emulsified Asphalt material. The emulsified asphalt material shall be as specified in ASTM D3628 for use as a prime coat appropriate to local conditions. The Contractor shall provide a copy of the manufacturer’s Certificate of Analysis (COA) for the emulsified asphalt material. The COA shall be provided to and approved by the Resident Project Representative (RPR) before the emulsified asphalt material is applied. The furnishing of the COA for the emulsified asphalt material shall not be interpreted as a basis for final acceptance. The manufacturer’s COA may be subject to verification by testing the material delivered for use on the project.

CONSTRUCTION METHODS
602-3.1 Weather limitations. The emulsified asphalt prime coat shall be applied only when the existing surface is dry; the atmospheric temperature is 50°F (10°C) or above, and the temperature has not been below 35°F (2°C) for the 12 hours prior to application; and when the weather is not foggy or rainy. The temperature requirements may be waived when directed by the RPR. 602-3.2 Equipment. The equipment shall include a self-powered pressure asphalt material distributor and equipment for heating asphalt material.

Provide a distributor with pneumatic tires of such size and number that the load produced on the base surface does not exceed 65.0 psi of tire width to prevent rutting, shoving or otherwise damaging the base, surface or other layers in the pavement structure. Design and equip the distributor to spray the asphalt material in a uniform coverage at the specified temperature, at readily determined and controlled rates from

0.05 to 1.0 gallons per square yard, with a pressure range of 25 to 75 psi and with an allowable variation from the specified rate of not more than ±5%, and at variable widths. Include with the distributor equipment a separate power unit for the bitumen pump, full-circulation spray bars, tachometer, pressure gauges, volume-measuring devices, adequate heaters for heating of materials to the proper application temperature, a thermometer for reading the temperature of tank contents, and a hand hose attachment suitable for applying asphalt material manually to areas inaccessible to the distributor. Equip the distributor to circulate and agitate the asphalt material during the heating process. If the distributor is not equipped with an operable quick shutoff valve, the prime operations shall be started and stopped on building paper.

A power broom and power blower suitable for cleaning the surfaces to which the asphalt coat is to be applied shall be provided.

Asphalt distributors must be calibrated annually in accordance with ASTM D2995. The Contractor must furnish a current calibration certification for the asphalt distributor truck from any State or other agency as approved by the RPR.
602-3.3 Application of emulsified asphalt material. Immediately before applying the prime coat, the full width of the surface to be primed shall be swept with a power broom to remove all loose dirt and other objectionable material.

The asphalt emulsion material shall be uniformly applied with an asphalt distributor at the rate of 0.15 to

0.30 gallons per square yard depending on the base course surface texture. The type of asphalt material and application rate shall be approved by the RPR prior to application.

Division V Technical Provisions
Page P-602-2
Following application of the emulsified asphalt material and prior to application of the succeeding layer of pavement, allow the asphalt coat to cure and to obtain evaporation of any volatiles or moisture. Maintain the coated surface until the succeeding layer of pavement is placed, by protecting the surface against damage and by repairing and recoating deficient areas. Allow the prime coat to cure without being disturbed for a period of at least 48 hours or longer, as may be necessary to attain penetration into the treated course.

Furnish and spread sand to effectively blot up and cure excess asphalt material. The Contractor shall remove blotting sand prior to asphalt concrete lay down operations at no additional expense to the Owner. Keep traffic off surfaces freshly treated with asphalt material. Provide sufficient warning signs and barricades so that traffic will not travel over freshly treated surfaces. 602-3.4 Trial application rates. The Contractor shall apply a minimum of three lengths of at least 100 feet for the full width of the distributor bar to evaluate the amount of emulsified asphalt material that can be satisfactorily applied with the equipment. Apply three different application rates of emulsified asphalt materials within the application range specified in paragraph 602-3.3. Other trial applications can be made using various amounts of material as directed by the RPR. The trial application is to demonstrate the equipment can uniformly apply the emulsified asphalt material within the rates specified and determine the application rate for the project.
602-3.5 Freight and waybills. The Contractor shall submit waybills and delivery tickets during the progress of the work. Before the final estimate is allowed, file with the RPR certified waybills and certified delivery tickets for all emulsified asphalt materials used in the construction of the pavement covered by the contract. Do not remove emulsified asphalt material from storage until the initial outage and temperature measurements have been taken. The delivery or storage units will not be released until the final outage has been taken.

METHOD OF MEASUREMENT
602-4.1 The emulsified asphalt material for prime coat shall be measured by the ton. Volume shall be corrected to the volume at 60°F in accordance with ASTM D4311. The emulsified asphalt material paid for will be the measured quantities used in the accepted work, provided that the measured quantities are not 10% over the specified application rate. Any amount of emulsified asphalt material more than 10% over the specified application rate for each application will be deducted from the measured quantities, except for irregular areas where hand spraying of the emulsified asphalt material is necessary. Water added to emulsified asphalt will not be measured for payment.

BASIS OF PAYMENT
602-5.1 Payment shall be made at the contract unit price per ton for emulsified asphalt prime coat. This price shall be full compensation for furnishing all materials and for all preparation, delivering, and applying the materials, and for all labor, equipment, tools, and incidentals necessary to complete this item.

Payment will be made under:

Item P-602-5.1 Emulsified Asphalt Prime Coat - per ton
Division V Technical Provisions
Page P-602-3

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 D2995 Standard Practice for Estimating Application Rate and Residual Application Rate of Bituminous Distributors
ASTM D3628 Standard Practice for Selection and Use of Emulsified Asphalts END OF ITEM P-602
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Item P-603 Emulsified Asphalt Tack Coat

DESCRIPTION
603-1.1 This item shall consist of preparing and treating an asphalt or concrete surface with asphalt material in accordance with these specifications and in reasonably close conformity to the lines shown on the plans.

MATERIALS
603-2.1 Asphalt materials. The asphalt material shall be an emulsified asphalt as specified in ASTM D3628 as an asphalt application for tack coat appropriate to local conditions. The emulsified asphalt shall not be diluted. The Contractor shall provide a copy of the manufacturer’s Certificate of Analysis (COA) for the asphalt material to the Resident Project Representative (RPR) before the asphalt material is applied for review and acceptance. The furnishing of COA for the asphalt material shall not be interpreted as a basis for final acceptance. The manufacturer’s COA may be subject to verification by testing the material delivered for use on the project.

CONSTRUCTION METHODS
603-3.1 Weather limitations. The tack coat shall be applied only when the existing surface is dry and the atmospheric temperature is 50°F or above; the temperature has not been below 35°F for the 12 hours prior to application; and when the weather is not foggy or rainy. The temperature requirements may be waived when directed by the RPR.
603-3.2 Equipment. The Contractor shall provide equipment for heating and applying the emulsified asphalt material. The emulsion shall be applied with a manufacturer-approved computer rate-controlled asphalt distributor. The equipment shall be in good working order and contain no contaminants or diluents in the tank. Spray bar tips must be clean, free of burrs, and of a size to maintain an even distribution of the emulsion. Any type of tip or pressure source is suitable that will maintain predetermined flow rates and constant pressure during the application process with application speeds under eight (8) miles per hour or seven (700) feet per minute.

The equipment will be tested under pressure for leaks and to ensure proper set-up before use to verify truck set-up (via a test-shot area), including but not limited to, nozzle tip size appropriate for application, spraybar height and pressure and pump speed, evidence of triple-overlap spray pattern, lack of leaks, and any other factors relevant to ensure the truck is in good working order before use.

The distributor truck shall be equipped with a minimum 12-foot spreader spray bar with individual nozzle control with computer-controlled application rates. The distributor truck shall have an easily accessible thermometer that constantly monitors the temperature of the emulsion, and have an operable mechanical tank gauge that can be used to cross-check the computer accuracy. If the distributor is not equipped with an operable quick shutoff valve, the prime operations shall be started and stopped on building paper.

The distributor truck shall be equipped to effectively heat and mix the material to the required temperature prior to application as required. Heating and mixing shall be done in accordance with the manufacturer’s recommendations. Do not overheat or over mix the material.

The distributor shall be equipped with a hand sprayer.

Asphalt distributors must be calibrated annually in accordance with ASTM D2995. The Contractor must furnish a current calibration certification for the asphalt distributor truck from any State or other agency as approved by the RPR.

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A power broom and/or power blower suitable for cleaning the surfaces to which the asphalt tack coat is to be applied shall be provided.
603-3.3 Application of emulsified asphalt material. The emulsified asphalt shall not be diluted.

Immediately before applying the emulsified asphalt tack coat, the full width of surface to be treated shall be swept with a power broom and/or power blower to remove all loose dirt and other objectionable material.

The emulsified asphalt material shall be uniformly applied with an asphalt distributor at the rates appropriate for the conditions and surface specified in the table below. The type of asphalt material and application rate shall be approved by the RPR prior to application.

Emulsified Asphalt
Surface Type Residual Rate, gal/SY Emulsion Application Bar Rate, gal/SY New asphalt 0.02-0.05 0.03-0.07
Existing asphalt 0.04-0.07 0.06-0.11
After application of the tack coat, the surface shall be allowed to cure without being disturbed for the period of time necessary to permit drying and setting of the tack coat. This period shall be determined by the RPR.

The Contractor shall protect the tack coat and maintain the surface until the next course has been placed.

When the tack coat has been disturbed by the Contractor, tack coat shall be reapplied at the Contractor’s expense.
603-3.4 Freight and waybills The Contractor shall submit waybills and delivery tickets, during progress of the work. Before the final statement is allowed, file with the RPR certified waybills and certified delivery tickets for all emulsified asphalt materials used in the construction of the pavement covered by the contract.

Do not remove emulsified asphalt material from storage until the initial outage and temperature measurements have been taken. The delivery or storage units will not be released until the final outage has been taken.

METHOD OF MEASUREMENT
603-4.1 The emulsified asphalt material for tack coat shall be measured by the ton. Volume shall be corrected to the volume at 60°F in accordance with ASTM D1250. The emulsified asphalt material paid for will be the measured quantities used in the accepted work, provided that the measured quantities are not 10% over the specified application rate. Any amount of emulsified asphalt material more than 10% over the specified application rate for each application will be deducted from the measured quantities, except for irregular areas where hand spraying of the emulsified asphalt material is necessary. Water added to emulsified asphalt will not be measured for payment.

BASIS OF PAYMENT
603.5-1 Payment shall be made at the contract unit price per ton of emulsified asphalt material. This price shall be full compensation for furnishing all materials, for all preparation, delivery, and application of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item.

Payment will be made under:

Item P-603-5.1 Emulsified Asphalt Tack Coat – per ton
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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 D1250 Standard Guide for Use of the Petroleum Measurement Tables ASTM D2995 Standard Practice for Estimating Application Rate and Residual Application Rate of Bituminous Distributors
ASTM D3628 Standard Practice for Selection and Use of Emulsified Asphalts END ITEM P-603
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Item P-605 Joint Sealants for Pavements