Agenda packet, regular meeting — Ukiah City Council, November 6, 2024 (part 3 of 5)

Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.

For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body 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 City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City 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 City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) 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 City shall provide the claimant a written statement 32

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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
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 public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City 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. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, 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. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity'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. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or 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 public entity 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 public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2. General locations of the work are UKIAH MUNICIPAL AIRPORT (refer to project Plans).

The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
12 General Information
13 Construction Details - Including FAA Technical Specifications, Parts 3-13 and Non-Standard (NS) Specifications for Electrical work (13.04) 14 Exclusions from General Conditions
15 Amendments to General Conditions
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
12-03. Arrangement of Plans. Project Plan Set consists of fifty (50) plan sheets. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. State Standard Specifications and Plans do not apply to this project. FAA Standard Specifications and Plan format will be used for this project.

Refer to FAA General Contract Provisions for terms used in the FAA Standard documents.

Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - The City Council.

Director of Public Works - The City of Ukiah Director of Public Works.

Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.

State - The City of Ukiah
Refer to Section 50-04 of the FAA General Contract Provisions for order of precedence. 12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. 35

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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 36

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Ukiah Municipal Airport Project-Specific Construction Details Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
SECTION 13 - CONSTRUCTION DETAILS
This project is funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP).

Contractor(s) will be required to comply with specific federal contract provisions as listed herein and contained in the Bid Documents.

Use of the documents contained in this section follow Advisory Circular 150-5370-10H and are mandatory for all projects funded under FAA Airport Improvement Program (AIP).

Included in this section are the following:
13-01. Federal Required Contract Provisions
13-02. Project-Specific Requirements for Airport Construction Part 1, Provisions for Airport Construction
Part 2, Construction Safety and Phasing Plan
13-03. FAA Standard Specifications for Construction of Airports Part 1 – FAA General Contract Provisions (Sections 10-90) Part 2 – FAA General Construction Items
Item C-100 Contractor Quality Control Program (CQCP)
Item C-105 Mobilization
Part 3 – Sitework
Item P-151 Clearing and Grubbing
Item P-153 Controlled Low Strength Material (CLSM)
Part 4 – Base Courses – Not Used.

Part 5 – Stabilized Base Courses – Not Used.

Part 6 – Flexible Pavements – Not Used.

Part 7 – Rigid Pavement – Not Used.

Part 8 – Surface Treatments
Item P-608 Emulsified Asphalt Seal Coat
Part 9 – Miscellaneous
Item P-603 Emulsified Asphalt Tack Coat
Item P-610 Concrete for Miscellaneous Structures
Item P-620 Runway and Taxiway Marking
Part 10 – Fencing
Item F-162 Chain-Link Fence
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Ukiah Municipal Airport Project-Specific Construction Details Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Part 11 – Drainage – Not Used.

Part 12 – Turfing
Item T-901 Seeding
Part 13 – Lighting Installation
Item L-108 Underground Power Cables for Airports
Item L-110 Airport Underground Electrical Duct Banks and Conduits Item L-115 Electrical Manholes and Junction Structures
Item L-125 Installation of Airport Lighting Systems
13-04. Additional [Non-Standard] Project Specifications NS-100 – Electrical Work
NS-101 – Locate and Protect Existing Equipment
NS-110 – Directional Boring
13-05. Supplemental Documentation in Support of Construction of this Project Geotechnical Report
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Ukiah Municipal Airport General Conditions Exclusion / Amendments Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
No other exclusions.

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.

This project is funded in part by FAA AIP Grant; thus, Federal requirements and provisions must be complied with as stated in these specification documents.
.
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Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Page Intentionally Blank
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Ukiah Municipal Airport Project-Specific Construction Details Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Section 13.01
Federal Required Contract Provisions
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Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Page Intentionally Blank
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GU I D A N C E & RE Q U I R E M E N T S
This project is funded by the Federal Aviation Administration. Federal laws and regulations require that projects funded by federal assistance must include specific contract provisions. Contractor(s) including subcontractors are required to:
• include certain provisions in their subcontracts and sub-tier agreements. • incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.

The prime contractor shall be responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider.

Failure to Comply with Provisions
Contractor failure to comply with the terms of these contract provisions may be sufficient grounds to:
1) Withhold progress payments or final payment;
2) Terminate the contract for cause;
3) Seek suspension/debarment; or
4) Take other actions determined to be appropriate by the Sponsor or the FAA. 43

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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.

A2 A F FI R M ATI VE AC TI ON REQ UI REM E NT
(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: 23.2%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

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

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

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in 44

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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 CITY OF UKIAH, COUNTY OF MENDOCINO, STATE OF CALIFORNIA.

A3 B RE A CH OF C ONT R AC T TE R MS
(2 CFR § 200 Appendix II(A)
Applies to all Contracts over $150,000

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.

A4 B U Y A ME RI C AN P R EFE RE N CE
(Title 49 USC § 50101)
The Buy America requirements flow down from the sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance.

Note: the Buy American Preference does not apply to equipment a contractor uses as a tool of their trade and does not remain as part of the project.

There are two types of Buy American certifications.

1. Projects for a facility (Buildings such as Terminal, SRE, ARFF, etc.) – Insert the Certificate of Compliance Based on Total Facility

2. Projects for non-facility development (non-building construction projects such as runway or roadway construction; or equipment acquisition projects) 45

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BUY AMERICAN PREFERENCE
The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the 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.

A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance.

Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter “X”.
 Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States; b) 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
c) 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:

1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.

2. To faithfully comply with providing U.S. domestic product.

3. To furnish U.S. domestic product for any waiver request that the FAA rejects

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.  The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested.

2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 46

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Issued December 17, 2017
Last Edition June 19, 2018
Ukiah Municipal Airport Federal Provisions
Ukiah, California Runway 15-33 Pavement Rehabilitation, Ph 2 AIP No. 3-06-0268-0xx-20xx Bid Set

3. To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation
Type 3 Waiver – The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100 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 nondomestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver – Total cost of project using U.S. domestic source product exceeds the total project cost using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is:
a) Detailed cost information for total project using U.S. domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

A1 C I VIL RIG HTS - GE NE R AL
(49 USC § 47123)

GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

A2 C I VIL RIG HTS – T ITLE V I ASS U RA N CE
(49 USC § 47123, FAA Order 1400.11)
A6.1 Title VI Solicitation Notice:
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Issued December 17, 2017
Last Edition June 19, 2018
Ukiah Municipal Airport Federal Provisions
Ukiah, California Runway 15-33 Pavement Rehabilitation, Ph 2 AIP No. 3-06-0268-0xx-20xx Bid Set
The CITY OF UKIAH, 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 any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

A6.2 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.

1. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

2. 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.

3. 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.

4. 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:
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.

5. 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 48

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Issued December 17, 2017
Last Edition June 19, 2018
Ukiah Municipal Airport Federal Provisions
Ukiah, California Runway 15-33 Pavement Rehabilitation, Ph 2 AIP No. 3-06-0268-0xx-20xx Bid Set
the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Title VI List of Pertinent Nondiscrimination Acts and Authorities Insert this list in every contract or agreement
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 nondiscrimination 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; • 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 § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) 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); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which 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. at 74087 to 74100);
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• 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).

A3 C LE A N AI R A N D W AT ER P OLL UT IO N C ONT RO L (2 CFR § 200, Appendix II(G))
Contract Types – This provision is required for all contracts and lower tier contracts that exceed $150,000.

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 § 740-7671q) 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 exceeds $150,000.

A4 C O NT RA CT W ORK HO URS AN D SAF ET Y S TA N DA R DS A CT

R EQ UI RE ME NTS
(2 CFR § 200, Appendix II€)
This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

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

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

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

3. Withholding for Unpaid Wages and Liquidated Damages. 50

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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.

A5 C O PEL AN D “ A NTI-KI CKB A CK” ACT
(2 CFR § 200, Appendix II(D), 29 CFR Parts 3 and 5)
This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

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.

A6 D A V IS-BA CO N REQ U IR EM EN TS
(2 CFR § 200, Appendix II(D), 29 CFR Part 5)
Construction – Incorporate into all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.

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.
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Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, 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. 52

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(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 work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records 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 that 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 53

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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 www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) 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) 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) 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.
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(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, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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(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.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part

5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

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. 56

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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.

A7 D EB A RM EN T A ND S US PE NSI ON
(2 CFR part 180 (Subpart C). 2 CFR part 1200, DOT Order 4200.5) This provision is required to be included in any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant if the amount of the contract is equal to or exceeds $25,000.

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

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

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

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

2. 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.
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A8 D IS A DV A NT AGED B US IN ESS EN TE R PR ISE
(49 CFR part 26)
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the CITY OF UKIAH 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. Since participation is anticipated to be met using Race Neutral (RN) methods a contract goal is not required for the project rather the Sponsor encourages DBE participation on this project and will facilitate DBE participation using Race Neutral measures.

DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-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 Owner 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 (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than FOURTEEN days from the receipt of each payment the prime contractor receives from CITY OF UKIAH. The prime contractor agrees further to return retainage payments to each subcontractor within FOURTEEN days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY OF UKIAH. This clause applies to both DBE and non-DBE subcontractors.

A9 D IST R A CTE D D RI V IN G
(Executive Order 13513, DOT Order 3902.10)
The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.

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. 58

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In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.

A 1 0 E NE RG Y CO NSER V AT IO N RE QU IR E ME NTS
(2 CFR § 200, Appendix II(H))
Include this provision in all AIP funded contracts and lower-tier contracts.

ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).

A 1 1 D R UG FRE E WOR K PL ACE REQ UIR E ME NTS
(49 CFR part 32)
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Contract Types – This provision applies to all AIP funded projects, but not to the contracts between the grantee (the sponsor) and a contractor, subcontractors, suppliers, or subgrantees.

Use of Provision – No mandatory or recommended text provided because the requirements do not extend beyond the sponsor level.

A 1 2 EQ U AL E MP LO YM E NT OP PO RT UN IT Y
(2 CFR 200, Appendix II©, 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246) The EEO Opportunity “Contract Clause” must be included (without modification) in any contract or subcontract when the amount exceeds $10,000.

EQUAL OPPORTUNITY CONTRACT CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, 59

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available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the 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; 60

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c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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

3. If the Contractor is participating (pursuant to 41 CFR 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 shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

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

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse 61

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the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

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

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by 62

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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 workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. 63

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

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.

Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

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

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

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

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 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 number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 64

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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).

A 1 3 F E DER AL F A IR LA BO R STA N D ARD S A CT ( FE DE RAL

M I NI M U M W AGE)
(29 USC § 201, et seq)
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation.

The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

A 1 4 LO BB YI NG A N D IN F LUE N CI NG F ED E RA L E M PLO YEE S (31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A)
Contractor must include Lobbying Certification and this language (not modified) in subcontracts exceeding $100,000.

CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
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(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.
(Certification is included in the bid forms package)
A 1 5 P R OHI BIT IO N of SE GR EG ATE D F AC IL ITI ES (41 CFR § 60 )
This clause must be included in all contracts that include the Equal Opportunity clause, regardless of the amount of the contract. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.

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, 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.

A 1 6 O C CU P ATI ON AL S AF ET Y A ND HEA LTH AC T O F 197 0 (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 (20 CFR Part 1910). The employer must address any claims or disputes that pertain 66

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A 1 7 P R OC U RE ME NT O F RE CO VE RE D M A TE RI ALS (2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act) Include this provision in all construction and equipment projects.

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.

A 1 8 R IG HT TO I NV EN TI ONS
38 (2 CFR § 200, Appendix II(F), FR §401)
Not Applicable.

A 1 9 SE IS MI C SA FET Y
(49 CFR part 41)
Not Applicable.

A 2 0 T A X DEL IN QU ENC Y AN D FE LO NY C ON VI CT IO NS (DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions)
Bidder: if awarded a contract resulting from this solicitation, this provision must be incorporated in all lower tier subcontracts.

CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS
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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 (✓) 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.

A 2 1 TE R MI N AT IO N OF CO NT RA CT
(2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09)

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

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

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

3. Discontinue orders for materials and services except as directed by the written notice. 68

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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:
completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
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;
reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and
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 DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.

A 2 2 T R AD E REST RI CT IO N CE RTI FI C AT IO N
(49 USC § 50104, 49 CFR part 30)
Bidder: If awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts.

TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
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
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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 Section 1001.

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

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the 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. (Note: Trade Restriction Certification is included in the bid forms for bidder’s signature and submittal)
A 2 3 V ETE R A N’S PREF E REN CE
(49 USC § 47112©)
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 70

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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.
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Ukiah Municipal Airport Project-Specific Construction Details Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set

13.02 - Part 1
Provisions for Airport Construction
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Ukiah Municipal Airport Provisions for Airport Construction Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Part 1
Item SP-1, Special Provisions for Airport Construction

DESCRIPTION
SP1-1.1 Overview. This Section provides for construction safety in an Airport environment; limitations on construction operations; minimum requirements for construction management and scheduling; and sitespecific information pertaining to potential impacts on construction activities. Unless otherwise noted, all costs associated with related work shall be included in the Contract pay item for Airfield Safety and Traffic Control.

SP1-1.2 Construction Safety and Phasing Plan (CSPP). A Construction Safety and Phasing Plan has been prepared for this project. Contractor shall comply with the Project-specific CSPP included as Part 2 of “Project-Specific Requirements for Airport Construction.”. Included as part of the requirements of the CSPP is the Safety Plan Compliance Document (SPCD) to be completed by the Contractor.

SP1-1.3Security Access. Refer to the CSPP included as Part 2 of “Project-Specific Requirements for Airport Construction.” Contractor shall comply with the CSPP. Included as part of the requirements of the CSPP is the Safety Plan Compliance Document (SPCD) to be completed by the Contractor.

Any costs shall be included in the bid item for Airfield Safety and Traffic Control.

SP1-1.4 Construction Schedule and Progress Schedule. A construction schedule and progress schedule shall be submitted to the Engineer by the Contractor within five (5) working days prior to the preconstruction meeting. A City-approved schedule will be required prior to issuing a Notice to Proceed with the Construction Element.

Schedule shall be a Critical Path Method Baseline type. Schedule shall indicate complete sequence of each construction category, indicating a time bar for each major category or unit of work to be performed. Work shall be properly sequenced and indicate being fully completed within the scheduled time of completion or substantial completion. The schedule shall also include manpower, equipment utilization and resource needs (resource loading) in order to meet the schedule.

Schedule shall be coordinated with all other Contractors, subcontractors and material suppliers prior to submission. Contractor shall update the schedule for each weekly construction meeting or whenever there is a significant change in progress, whether in a particular phase or total job progress.

Progress schedule shall incorporate, submittals, product data, and sample submissions. Schedule shall indicate preparation time, approval time, resubmissions, fabrications, delivery dates and installation time.

SP1-1.5 Lines and Grades. The Contractor shall provide construction and layout staking in accordance with the requirements of these Specifications. The Contractor shall protect and preserve all marks set by others and shall be liable for replacement of marks destroyed during construction. The Engineer will be given 48 hours' notice of subgrade, and aggregate base completion, building foundation, and pavement markings so finished grades and layout may be checked. The Contractor shall include the associated costs in the Contract item for Construction Staking and Survey Layout.

SP1-1.6 Record Drawings. The Contractor shall maintain Record Drawings of all work continuously as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times.

It shall be required that these Drawings be up to date and be reviewed by the resident observer at the time each progress bill is submitted. All deviations from the Drawings, exact locations and sizes of all utilities and electrical lines, equipment details, and all stub outs and connections for future expansion, shall be 77

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incorporated. Documentation of Record Drawings shall be included in other items of work and no separate payment will be made.

SP1-1.7 Material Testing and Retesting. All Quality Control shall be performed by the Contractor; all acceptance testing will be performed by the Engineer as detailed in these Specifications. The Quality Control Testing shall include, but is not limited to:

A. Compaction testing for soils, aggregates, and pavements prior to acceptance testing by Engineer, if required. The Contractor is allotted one acceptance test per area per material per lot. In the event the acceptance tests do not pass, and the Engineer is required to retest the area, the cost for each retest shall be borne by the Contractor at the actual cost plus a 25% markup.

B. Concrete strength mix design and other conformance testing required for structural Portland cement concrete.

C. Electrical grounding and circuit testing.

SP1-1.8 Construction Staking and Survey Layout. The Contractor shall provide the surveying and staking as necessary to meet the requirements of the Contract Documents. The initial survey layout shall be performed by a Registered Land Surveyor and layout reconfirmed prior to paving. Project Plans indicate elevations at points of paving and grading joins and daylights. Contractor shall verify existing elevations and advise the Engineer of any discrepancies three (3) days in advance of critical path work. Any costs for rework required due to existing grade discrepancies not brought to the Engineer’s attention shall be borne by the Contractor.

SP1-1.9 Schedule of Values. A schedule of value(s) shall be provided for each lump sum bid item within 5 days of request, but not later than 10 working days before the first progress payment. The schedule of values shall be in the form of a detailed, itemized cost breakdown of the lump sum amount that includes the profit and overhead costs for each item including a line-by-line breakdown of labor and materials. All work to be performed by subcontractors shall be listed. The schedule of values, once established, will serve as the basis for estimating or evaluating the percentage of lump sum work completed for progress payments.

Progress payments on Unit Price Work will be based on the number of units completed. The schedule of values may also be used to evaluate the impact of unbalanced pricing.

SP1-1.10 Time Limitations. The overall time of completion for this Project is Sixty (60) calendar days.

Should this time schedule not be met, liquidated damages will be assessed. Refer to the CSPP included as Part 2 for detailed time limitations for the specific work areas. A summary of contract time is divided as follows:

A. Mobilization Element. Notice to Proceed with Mobilization shall be given after award of Contract.

All work included in Mobilization shall be completed within Thirty (30) calendar days.

B. Construction Element (Base Bid). Notice to Proceed with the Base Bid work shall be issued at the Agency’s discretion after the Mobilization Element is complete. All work included in the Construction Base Bid shall be completed within Thirty (30) calendar days.

SP1-1.11 Liquidated Damages. Liquidated Damages in the amount of Two Thousand Dollars ($2,000) per Calendar Day will be assessed for failure to complete any phase of the work (Mobilization and Construction) within the Contract Time allowed.

SP1-1.12 Barricades and Delineators. The City shall provide Ten (10), 8-foot long, low profile, barricades for use by the Contractor. The Contractor shall provide any additional barricades needed. The Contractor shall provide two solar flashing lights and one 18-inch by 18-inch orange vinyl flag for each of the barricades.
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Additionally, the Contractor shall provide plastic delineators as required to barricade hazardous areas.

Unless otherwise approved by the Engineer, delineators shall be 42-inch-high molded plastic. Delineators shall be four inches in diameter, florescent orange, supplied with a double-weighted base and reflective stripes. Lighting for delineators will be provided at night as approved by the Engineer. All costs associated with this item shall be included in Airfield Safety and Traffic Control.

The City shall determine the appropriate locations for the low-profile barricades and the delineators with respect to the proximity to aircraft.

SP1-1.13 Aviation Radios. The Contractor is to provide at least two hand-held aviation radios to be used in communications as specified in the CSPP. On completion of the Project, the radios remain the property of the Contractor. Providing the radios shall be included under the Contract price for Airfield Safety and Traffic Control.

SP1-1.14 Access and Security.

A. Contractor Access. Contractor access to the various work areas shall be via the closest access routes indicated on the Construction Safety and Phasing Plan. Additional haul routes on Airport property shall be approved by the Airport. All access routes and haul routes shall be kept clean and free of debris. Dust control shall be maintained. Where haul routes cross active runways, taxiways, or aprons, radio-equipped flaggers shall be provided by the Contractor as required.

B. Access Security Control.

The Contractor shall be responsible for maintaining Airport security at all gates designated for his use. Gates must be locked or manned by the Contractor's personnel to ensure no unauthorized access to the air operations area. All access gates shall be kept clear of equipment and material.

SP1-1.15 Work Hour Limitations. The Airport’s normal work hours are from 7:00 AM to 5:00 PM, Monday through Friday, excluding holidays. All work performed outside of this schedule shall be coordinated and approved in advance by the Engineer. The Contractor may be charged for work performed outside of this schedule that requires inspection or observation by Agency, City, or County staff.

SP1-1.16 Construction Delay due to Unfavorable Weather and/or COVID-19. Due to potential timing of grant and contract award, as well as material procurement, the anticipated timeframe for Construction to commence is not yet determined. Once the Mobilization Element is complete and materials have been procured or a firm schedule for procurement is established, the Contractor shall evaluate the upcoming weather forecast and determine if winter weather and/or lack of an adequate labor force, materials and/or supplies due to the COVID-19 outbreak may have an impact on commencing and completing Construction in a timely manner. The Contractor, City, and Engineer will arrive at a mutual determination as to whether the Construction Element should be delayed as a result of the weather or COVID-19 outbreak. Due to the nature and geometry of the Project, suspending work once it has started will result in an incomplete product and will be detrimental to Airport operations.

A Notice to Proceed with the Construction Element will be issued once the conditions described herein are met; and the Contractor, County, and Engineer determine the Project can be satisfactorily completed without an anticipated suspension due to weather and/or COVID-19 factors. Additional payment will not be made in the event a delay of the Construction Element is necessary. The Contractor shall honor all bid prices when Construction commences.

SP1-1.17 Storm Water Discharge Permit (Construction NPDES). Construction activity under this Project is expected to disturb less than five acres of land surface and have a construction schedule such that the overall rainfall erosivity factor will be less than five. As such the project will not be subject to requirements of the State Water Resources Control Board (SWRCB), Division of Water Quality Order No. 79

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2010-0014-DWG, National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) No. CAS000002, Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities.

The Best Management Practices (BMP) and Best Available Technology (BAT) measures called for in these Bid Documents and shown on the PLANS shall be considered as minimum requirements. The Contractor shall comply with all BMP and BAT provisions in the Contract.

Payment for the BMPs called for on the Plans will be made under applicable pay items.

SP1-1.18 Project Site Access Route Improvements. Prior to construction, the Contractor will document the existing pavement condition for access and haul routes to be used. Travel on these pavements and routes will be controlled by the Airport, and the Contractor shall remain within specified access routes.

After construction is complete, all pavements in the vicinity of the construction site access location shall be repaired as directed by the County. This process may include surface removal, regrading and repaving; or other methods as determined acceptable by the County. The cost for this work shall be borne by the Contractor.

SP1-1.19 Construction Water Meter Requirements. The Contractor is responsible for contacting the City of Ukiah to apply for a construction water meter. Please contact:

City of Ukiah – Utility Services and Billing
300 Seminary Avenue, Ukiah, California 95482
(707) 463-6228
The Contractor shall be responsible for all fees and charges to obtain construction water.

No separate measurement and payment will be made for construction water. All costs shall be included in other items of work.

SP1-1.20 Hearing Protection. Contractor shall provide all necessary hearing protection for workers.

SP1-1.21 Cultural Resources Assessment. In the event that archaeological materials are encountered during construction, all construction work shall be halted, and a Mendocino County certified archaeologist shall be consulted to determine the appropriate treatment of the discovery.

In the event human remains are encountered, State Health and Safety Code – Section 7050.5 states that, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code – Section 5097.98. The County Coroner must be notified of the find immediately.

If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD will have the opportunity to offer recommendations for the disposition of the remains.

SP1-1.22 Environmental Requirements. The Contractor shall comply with NEPA and CEQA environmental requirements. Specific requirements that pertain to the Contractor are shown within the Project Plans.
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SP1-1.23 Application for Payment and Required Items. Applications for payment shall follow the standard Agency format based on the schedule of items included in the proposal forms. The Contractor shall also supplement the pay application with amounts being paid to subcontractors and the amounts being paid to DBE firms. Subcontractor and DBE amounts shall be delineated by bid items in the proposal forms.

SP1-1.24 Certified Payroll Requirements (State of California).

Contractor shall comply with the state and federal requirements for maintaining and reporting payroll. • Fringe Benefits Statement
o All Fringe Benefits Statements must include the fringes for every job classification, group number, and step number for journeyman and apprentices to whom payroll is being provided on the job o They must be signed by the payroll administrator. If for any reason an employee / employer is exempt, it must be explained as to why a Fringe is not being provided or indicated on the Fringe itself, such as “Owner/Operator” or legal exemption status provided. o Verify that the correct naming convention for the project is included, along with appropriate ‘week ending’ weeks worked.
• Certified Payroll Wage Hour Report
o All certified payroll must clearly indicate whether an individual is a journeyman or apprentice and include all vital information for verification i.e., work classification; group number or step number; hours worked; and base pay rate for straight time, overtime, and double-time. Per contractual obligation, all individuals will be paid per the California prevailing wage rate, as these rates take precedence over the Davis-Bacon Act pay rates and union pay scales (the highest wage rate prevails).
o If an individual did not perform any physical labor, but provided supervision over others only, indicate on the payroll itself, as these individuals are exempt from certified payroll. o Payroll shall be submitted weekly or bi-weekly (based on existing pay periods) to the Department of Industrial Relations (DIR) once provided with a DIR reporting number and work has begun on the project.
o All consecutive weeks of either payroll or non-performance weeks must be accounted for. The final report must be identified as such by the contractor or subcontractor’s payroll administrator. o All changes to previously submitted payroll must be resubmitted if any errors or omissions have been noted and all changes to previously submitted payroll indicated. • Statement of Compliance
o Each week of work performed shall be accompanied by a signed and dated Statement of Compliance (page 2 of the Dol WHD WH-347 form). All appropriate boxes shall be checked and all notes regarding any payroll payment exceptions are to be recorded on this form. o Verify that the correct naming convention for the project is included, along with documentation of the appropriate ‘work week’ indicated.
• Non-Performance Weeks
o Each consecutive week in which no work was performed on the project site must be documented with a signed Statement of Non-Performance and/or Statement of Compliance. o Extended/consecutive periods of non-performance weeks may be submitted on a single signed certified payroll form, with weekly DIR receipts (eCPRs) provided as proof of submittal. If payroll is not required to be submitted to the DIR, a signed Statement of Non-Performance must still be provided to cover all non-working weeks until a final is presented. 81

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• eCPR
o Contractor and their subcontractors will submit certified payroll reports (weekly or bi-weekly) to the DIR and an eCPR receipt will be generated to the payroll administrator upon submittal. (NOTE:
these are only available when the payroll is initially submitted and are not retrievable after initial receipt from the DIR’s website.)
o eCPRs shall be submitted along with its corresponding weekly (or bi-weekly) certified payroll report (both working and non-performance weeks) and corresponding signed Statement of Compliance or Non-performance for verification purposes. • Questions
o The prime contractor is the first contact for all questions related to certified payroll reporting. o Second point of contact for questions will be provided to Contractor upon execution of award / contract.

Failure to comply with these requirements, and in a timely manner, will cause delay in payments to Contractor.

METHOD OF MEASUREMENT
SP1-2.1 Airfield Safety and Traffic Control will be measured as a lump sum item.

SP1-2.2 Construction Staking and Survey Layout will be measured as a lump sum item.

SP1-2.3 Implement BMPs.
a. Place Fiber Sediment Roll will be measured per the linear foot. b. Place Inlet Protection will be measured per each item.

SP1-2.4 Remove and Salvage Existing Constant Current Regulator (CCR) and provide to airport will be measured as a per each item.

SP1-2.5 Install 10kW Ferroresonant CCR will be measured as a per each item.

SP1-2.6 Install new Runway 15 PAPI and REIL Electric Service will be measured as a lump sum item.

BASIS OF PAYMENT
SP1-3.1 Airfield Safety and Traffic Control will be paid for at the Contract lump sum price. This price shall include full compensation for all labor, materials, tools, equipment, CSPP compliance, SPCD preparation and compliance, and incidentals necessary to complete the work as specified in this Specification and requirements shown on the Plans.

SP1-3.2 Construction Staking and Survey Layout will be paid for at the Contract lump sum price and shall include all staking and survey required to construct the Project to the lines and grades as indicated on the Plans to meet the specified tolerances.

SP1-3.3 Implement Best Management Practices (BMP) and Best Available Technology (BAT) measures called for in these Bid Documents and shown on the Plans. This price shall include full compensation for all labor, materials, tools, equipment, and compliance and incidentals necessary to complete the work as specified in this specification and requirements shown on the plans.

SP1-3.4 Remove and Salvage Existing Constant Current Regulator (CCR) and provide to airport will be paid for at the Contract per each price. This price shall include full compensation for all labor, materials, 82

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tools, equipment, and compliance and incidentals necessary to complete the work as specified in this specification and requirements shown on the plans.

SP1-3.5 Install 10kW Ferroresonant CCR will be paid for at the Contract per each price. This price shall include full compensation for all labor, materials, tools, equipment, and compliance and incidentals necessary to complete the work as specified in this specification and requirements shown on the plans.

SP1-3.6 Install new Runway 15 PAPI and REIL Electric Service will be paid for at the Contract lump sum price. This price shall include full compensation for all labor, materials, tools, equipment, and compliance and incidentals necessary to complete the work as specified in this specification and requirements shown on the plans and as required by the utility company.

Payment will be made under:

Item SP-1-3.1 Airfield Safety and Traffic Control – per lump sum Item SP-1-3.2 Construction Staking and Survey Layout – per lump sum Item SP-1-3.3 Implement Best Management Practices
a. Place Fiber Sediment Roll – per linear foot
b. Place Inlet Protection – per each
Item SP-1-3.4 Remove and Salvage Existing Constant Current Regulator, Complete – per each Item SP-1-3.5 Install 10kW Ferroresonant CCR, Complete – per each Item SP-1-3.6 Install new Runway 15 PAPI and REIL Electric Service – per lump sum 83

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Part 2
Construction Safety
and Phasing Plan (CSPP)
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UKIAH MUNICIPAL AIRPORT

CONSTRUCTION SAFETY
AND

PHASING PLAN
for
Runway 15-33 Rehabilitation Phase 2
AIP No. 3-06-0268-020-2022
Prepared by
www.meadhunt.com
October 2, 2020
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TABLE OF CONTENTS

1. OVERVIEW...........................................................................................................................................85

1.1 BASE BID ..................................................................................................................................85

2. PURPOSE.............................................................................................................................................85

3. CONSTRUCTION SAFETY AND PHASING RESPONSIBILITIES .....................................................86

3.1 AIRPORT OPERATOR..............................................................................................................86

3.2 CONSTRUCTION CONTRACTOR ...........................................................................................86

3.3 AIRPORT USERS AND TENANTS...........................................................................................86

3.4 PROJECT ENGINEER ..............................................................................................................86

4. CONSTRUCTION SAFETY AND PHASING........................................................................................86

4.1 COORDINATION.......................................................................................................................86

4.2 PHASING AND TIME LIMITATIONS.........................................................................................87

4.3 AREAS AND OPERATIONS AFFECTED BY CONSTRUCTION .............................................90

4.4 NAVAID PROTECTION.............................................................................................................90

4.5 CONTRACTOR ACCESS..........................................................................................................90

4.6 WILDLIFE MANAGEMENT .......................................................................................................91

4.7 FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT AND DUST CONTROL.........................92

4.8 HAZARDOUS MATERIALS (HAZMAT) MANAGEMENT .........................................................93

4.9 NOTIFICATION OF CONSTRUCTION ACTIVITIES.................................................................94

4.10 INSPECTION REQUIREMENTS...............................................................................................95

4.11 UNDERGROUND UTILITIES AND NOTIFICATION RESPONSIBILITIES...............................95

4.12 PENALTIES ...............................................................................................................................96

4.13 SPECIAL CONDITIONS, SAFETY ADHERENCE ....................................................................96

4.14 RUNWAY AND TAXIWAY VISUAL AIDS..................................................................................96

4.15 MARKING AND SIGNS FOR ACCESS ROUTES.....................................................................97

4.16 HAZARD MARKING AND LIGHTING........................................................................................97

4.17 PROTECTION OF RUNWAY AND TAXIWAY CRITICAL AREAS ...........................................97

4.18 OTHER LIMITATIONS ON CONSTRUCTION ..........................................................................98

4.19 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD), INFORMATION...................................99 ATTACHMENTS0
Attachment 1- Project Plan Sheets
Attachment 2 – Safety Plan Compliance Document
Attachment 3 – Definition of Terms
Attachment 4 – Daily Safety Inspection Checklist
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MEAD & HUNT, Inc.

X:\2112200\192335.01\TECH\Design\Specs\Bid Set\UKI Rwy Lighting CSPP 100% for spec book.docx Construction Safety and Phasing Plan (CSPP)

1. OVERVIEW
This document presents the Construction Safety and Phasing Plan (CSPP) for the proposed Runway 15- 33 Runway Rehabilitaion, Phase 2 (Project) at Ukiah Municipal Airport (UKI). This phase will consist of runway width reduction, threshold lights and runway edge light relocations, installation of new REILs at both runway ends, replacement of existing VASI with 4-box PAPI, and application of pavement markings The anticipated construction duration is 60 Calendar Days. Specifically, the Project scope includes the following elements:

1.1 BASE BID
This project will be bid as one package with two Schedules due to federal funding sources.

1.1.1 Schedule 1 - Runway Rehabilitation, Taxiway Connector Construction, and Demolition The work for this Project consists of the following:
a) Close runway and place barricades to restrict access to the runway from the taxiway connectors and aprons.
b) Remove specific existing markings.
c) Remove existing runway edge and threshold lights, fixtures, cans, and cable. d) Remove existing lighted airfield guidance signs, foundation, cans, and cable. e) Trench and place new conduits, conductors, cans and runway edge and threshold light fixtures. f) Install new lighted airfield guidance signs.
g) Apply pavement markings.

1.1.2 Schedule 2 – New PAPI and REIL Replacement
Schedule 2 work will be performed concurrent with Schedule 1 items and closures. The work for this schedule consists of the following:
a) Remove and salvage existing VASIs to the FAA.
b) Remove and salvage existing REILs to the FAA.
c) Construct new service point for Runway 15 REILs and new PAPI. d) Construct new conduits with new cables in new location from new service point. e) Construct new conduits with new cables to serve the Runway 33 REILs. f) Install new REILs and appurtenances for Runways 15 and 33. g) Install new 4-box PAPI and appurtenances for Runway 15.

2. PURPOSE
This CSPP provides single source procedural information for all key Project personnel to use during construction and defines the specific responsibilities of the Airport Operator, the Contractor, Airport users/tenants, and the Project Engineer. The FAA’s Safety and Phasing Plan Checklist was utilized in the preparation of this CSPP, which includes (but is not limited to) provisions for Airport safety and security, operational limitations on construction activities, identifying potential hazards and the impacts those hazards may have on airfield and construction activities, and construction phasing requirements to minimize impact on airfield operations.
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Ukiah Muncipal Airport
Runway 15-33 Pavement Rehabilitation, Phase 2
Construction Safety and Phasing Plan
October 2020
MEAD & HUNT, Inc.

Requirements for maintaining operational safety during construction are in conformance with FAA Advisory Circular 150/5370-2G, Operational Safety on Airports During Construction. The Project specific safety and phasing provisions for the Project elements are shown on Plan Sheet G-081 and detailed in the Project Specifications. The Plan Sheet is attached to this report as Attachment 1.

3. CONSTRUCTION SAFETY AND PHASING RESPONSIBILITIES

3.1 AIRPORT OPERATOR
The Airport Operator is responsible for operational safety on the Airport at all times. The City of Ukiah (City) is the Airport Operator. The City will issue Notice to Airmen (NOTAMS) whenever construction activities occur in the AOA. City staff will provide oversight of all construction activities and coordinate those activities with the Airport users (pilots) and Airport tenants. The City will hold weekly construction progress and safety meetings. During those meetings, operational safety will be reviewed, and an action plan will be developed, as needed, to address any discrepancies in safety that need to be corrected. The City will require the Contractor to submit a Safety Plan Compliance Document (SPCD) that details the Contractor’s compliance with the CSPP. City approval of the SPCD will be required prior to issuance of the Notice to Proceed with Construction.

3.2 CONSTRUCTION CONTRACTOR
The Contractor will be determined by a competitive bidding process. The Contractor’s responsibilities for safety and phasing are detailed and defined in the Contract Documents. The Contractor will be required to attend weekly progress and safety meetings and to correct any discrepancies found in safety. The Contractor is required to submit a completed SPCD to the City for approval before the Notice to Proceed for Construction can be issued. A sample SPCD is included as Attachment 2.

3.3 AIRPORT USERS AND TENANTS
The City will notify Airport users and tenants of all pending construction activities that may impact them and advise the users and tenants of planned pavement closures and other activities in the AOA that will affect aircraft/Airport operations. Users and tenants will be permitted to attend weekly construction progress and safety meetings when appropriate.

3.4 PROJECT ENGINEER
As part of the Project construction management, observation, and quality assurance process, the Project Engineer (or Resident Project Representative (RPR)) will monitor construction safety on a daily basis, utilizing the “Construction Project Daily Safety Inspection Checklist” (see Attachment 4) to ensure an appropriate level of priority is given to safety. Any discrepancies in safety will immediately be brought to the attention of the Contractor and City for corrective action implementation.

4. CONSTRUCTION SAFETY AND PHASING

4.1 COORDINATION

4.1.1 Design Progress Meetings
Conferences will be held during the design development phases (Preliminary, 95%, and Final).

These meetings will be held to help avoid possible conflicts between construction activities and the 92

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Runway 15-33 Pavement Rehabilitation,
Construction Safety and Phasing Plan
March 1, 2022
MEAD & HUNT, Inc.
operation of the Airport. The CSPP will be formally submitted to the FAA for approval when the Project design is 95% complete and City review-comments can be incorporated.

4.1.2 Pre-bid Conference
A pre-bid conference will be held to help clarify and explain construction methods, procedures, and safety measures required by the Contract. The pre-bid conference will be held a minimum of ten (10) days prior to the bid opening date.

4.1.3 Preconstruction Conference
A preconstruction conference will be held as soon as practicable after the Contract has been awarded and before issuance of the Notice to Proceed. The preconstruction conference participants should include, but not be limited to, the City; Project Engineer; Airport management; testing laboratory representative; Contractor and subcontractor(s); Contractor’s project superintendent; Contractor’s project clerk; Airport users; utility companies; emergency personnel; federal, state, or local agencies affected by the proposed construction; and FAA representative.

The Contractor will distribute copies of the proposed construction schedule five (5) days prior to the preconstruction meeting to the Engineer for distribution. The schedule will be presented by the Contractor at the preconstruction meeting. Copies of Contract Documents may be provided to the Contractor by the City. The number will be agreed upon by the City and Contractor.

4.1.4 Badging Requirements
There are no badging requirements for this Project.

4.1.5 Contractor Progress Meetings
Contractor progress meetings will be held weekly for the duration of construction. Operational safety will be a standing agenda item for discussion during progress meetings throughout the Project. The Contractor’s project superintendent, project manager, and project foreman are required to attend meetings. Date, time, and location of the progress meetings will be determined at the preconstruction meeting.

4.1.6 Scope or Schedule Changes
Scope or schedule changes for the Project may necessitate revisions to the CSPP and require review and approval by the City and the FAA.

4.1.7 FAA Air Traffic Organization (ATO) Coordination
The City will coordinate the construction schedule with the FAA ATO. The FAA ATO may take part in the coordination meetings if desired.

4.2 PHASING AND TIME LIMITATIONS
The Project has been divided into two Elements: 1) Mobilization and 2) Construction. A separate Notice to Proceed will be issued for Mobilization Element and the Construction Element. The Notice to Proceed for the Construction Element will not be issued until the Mobilization Element is complete and the SPCD is approved by the City. The work efforts and affected airfield areas within the AOA are detailed within. The Mobilization Element will be completed as follows depending on the contract award:
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Runway 15-33 Pavement Rehabilitation, Phase 2
Construction Safety and Phasing Plan
October 2020
MEAD & HUNT, Inc.

Contract Award Mobilization
Element
Construction
Element Total
Base Bid
(Schedules 1 & 2) 30 Calendar Days 30 Calendar Days 60 Calendar Days If the Contractor fails to meet any of these time limitations, liquidated damages will be assessed as described in the Project Specifications.

4.2.1 Element 1 – Mobilization (30 Calendar Days)
During this Element of the Project, no work will be conducted that restricts Airport operations in any way. Mobilization work will include, but not be limited to, the following:
a) Processing of required submittals, including the Contractor’s work schedule. b) Preparation and submission of the SPCD.
c) All prequalification testing, review, and approval.
d) Airfield Safety Devices delivered/prepared at the site (construction flags, low profile barricades, airport radios, runway closure markers).
e) Materials and equipment delivered to site, as applicable. f) Survey layout (optional).
g) Underground utility investigation and potholing.
h) All miscellaneous Mobilization efforts required to commence construction.

All preliminary work required to pursue construction to completion will be finalized during the Mobilization Element to minimize delays during construction.

4.2.2 Element 2 – Construction

4.2.2.1 Construction (30 Calendar Days)
Construction work affects the Runway Safety Area of Runway 15-33 and the object free area of Taxiway A2, C, D, and E. The Contractor will be responsible for placing closure devices (runway closure markers, traffic delineators, low-profile barricades, flags and lights) and deactivating airfield lighting systems for areas closed.

4.2.2.2 Critical Airfield Areas Construction
a) Runway Safety Area (RSA). Work cannot be completed within the RSA while the runway is open.
• Runway 15-33 RSA is 150 feet wide, centered on the runway centerline, and extends 300 feet beyond the runway threshold.
b) Taxiway Object Free Area (TOFA). Work cannot be completed within the TOFA while the taxiway is open.
• All Taxiways and Connectors have a TOFA that is 98 feet wide centered on the taxiway centerline.

4.2.2.3 Definition of Work Areas and Phasing Limitations The following phasing restrictions apply:

The Work Area for this project is defined as Runway 15-33, Taxiway Connectors A2, C, D, and E, and areas outside the ROFA as depicted on Sheet G-081. Work within the Work Area includes removal of markings, application of new markings, demolition of existing edge lights, trenching and 94

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Runway 15-33 Pavement Rehabilitation,
Construction Safety and Phasing Plan
March 1, 2022
MEAD & HUNT, Inc.
installation of cables, new edge lights, demolition of existing VASI system, installation of new PAPI system, demolition of existing REILs, and the installation of new REILs.

This work will be completed within the 30 calendar days allotted for Construction.

4.2.2.4 Work Area Summary
a) Scope of Work – removal of specific existing markings, application of new markings, demolition of existing runway and taxiway edge lights, installation of new runway and taxiway edge lights, demolition of existing VASI system, installation of new Runway 15 PAPI, demolition of existing REILs, installation of new REILs, and first application of pavement markings. b) Area closed to aircraft operations – Runway 15-33, portion of Taxiway A, and all Taxiway Connectors.
c) Duration of closure – 30 Calendar Days (29 consecutive days and 1 additional day for final markings application).
d) Alternate taxi route – None. Airport will be closed. e) Emergency access routes – Community fire and rescue services enter through existing gates off of South State Street to the Airport hangars and apron areas. Construction operations will not hinder access to the Airport.
f) Construction staging area – Contractor’s staging area is located at the northeast corner of the Airport and is accessed from the Airport service road leading from the north end of Taxiway A as shown on the Construction Safety and Phasing Plan drawing (see Attachment 1). g) Construction access and haul route – Access will be from South State Street through the main gate adjacent to the Airport Administration Building and onto the apron. The route continues north along Taxiway A and Taxiway Connector A2 and south along the apron and Taxiway A to the other Taxiway Connectors for Runway access. Plastic delineators (42-inch high) will be required when there is heavy construction traffic in the apron area, as directed by the City.

Contractor will coordinate use of the gate and apron area with the Airport Manager. h) Impacts to NAVAIDs – None.
i) Lighting and marking changes – The Airport will be closed to operations during the construction.

Runway and taxiway edge lights, REILs, and VASIs will be deactivated during the closure period and replaced in relocated positions prior to reopening. j) Required hazard marking and lighting – Contractor will place runway closure markings (crosses) on runway designation markers as directed by the City. Low profile barricades and 42-inch high plastic traffic delineators will be placed across the Taxiway A at the north end of the apron, across Taxiway Connector C near the middle of the apron and across both Taxiway A and Taxiway Connector D at the south end of the apron as shown on Plan Sheet G-081, prior to beginning construction. The Contractor’s access route will be separated from the remaining apron areas by 42-inch high plastic traffic delineators, as directed by the City. All airfield lights and navigational and visual aids will be decommissioned during construction hours.
k) Lead times for required notification – 5 working days. 95

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Runway 15-33 Pavement Rehabilitation, Phase 2
Construction Safety and Phasing Plan
October 2020
MEAD & HUNT, Inc.

4.2.3 Construction Safety and Phasing Plan Sheets
Drawings specifically indicating operational safety procedures and methods in affected areas have been developed for each construction work area. These Drawings are included in the Contract Drawing Bid Package (Plan Sheets G-021, G-081 and G-082).

4.3 AREAS AND OPERATIONS AFFECTED BY CONSTRUCTION

4.3.1 Runways
Aircraft access to Runway 15-33 will not be allowed.

4.3.2 Taxiways and Taxilanes
Aircraft access to most of Taxiway A and all Taxiway Connectors will not be allowed.

4.4 NAVAID PROTECTION
No NAVAIDs will be impacted by this Project.

4.5 CONTRACTOR ACCESS

4.5.1 Location of Stockpiled Construction Materials and Equipment Location of stockpiled materials and equipment storage will be in the staging areas as shown on Sheet G-081 or as approved by the City. Stockpiling materials and equipment outside the staging areas and within the AOA will require prior approval from the City and will be subjected to additional limitations depending on the height(s). Stockpiled material will meet the requirements of Section

4.6, Wildlife Management, to prevent the stockpile location(s) from becoming wildlife attractants.

4.5.2 Vehicle and Pedestrian Operations

4.5.2.1 Construction Site Parking
Employees’ vehicles will be parked in the staging area designated on the plans or outside the AOA.

No employee vehicles will be allowed beyond the staging area limits. In areas where the staging area is adjacent to the perimeter security fence, all vehicles will be positioned a minimum of 10 feet away from either side of the fence.

4.5.2.2 Construction Equipment Parking
All service and construction vehicles and/or equipment will be parked in the staging area when not in use and will be positioned a minimum of 10 feet away from either side of a perimeter security fence. See Section 4.17, Protection of Runway and Taxiway Critical Areas, for further parking restrictions within safety areas and object free areas. Unless a complex setup procedure makes movement of specialized equipment infeasible, inactive equipment will not be allowed to park on a closed taxiway or runway. If it is necessary to leave specialized equipment on a closed taxiway at night, the City must approve the request and the equipment will be lighted in accordance with Section 4.18, Other Limitations on Construction.

4.5.2.3 Access and Haul Roads
The Contractor will be required to use the Project security gates and haul routes shown on the plans. Specific haul routes are shown on the Construction Safety and Phasing Plan drawing. Rightof-way will be given to all emergency vehicles and aircraft sharing the haul routes with the Contractor.
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Construction Safety and Phasing Plan
March 1, 2022
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4.5.2.4 Marking and Lighting of Vehicles
Only marked Contractor-owned/operated vehicles required for the proper execution of the work will be allowed in the work area. Motor vehicles will be equipped with an omni-directional amber flashing light, head lights, taillights, and flashers that will be used between sunset and sunrise or when visibility is low. Vehicles within the airfield environment will display company identification markings on both sides of the vehicle. Non-motorized equipment will have reflective devices displayed on the front, back, and sides. Vehicles and equipment will have an FAA orange and white checkered flag, 3 feet by 3 feet minimum, attached to a pole mounted on the rear bumper and visible from 300 feet at all angles during daytime hours. All supervisory and survey personnel operating with a City escort within the airfield environment but outside the work area will have a company vehicle with an amber flashing light mounted on the roof of the cab and identifying markings visible from 300 feet mounted on both sides of the vehicle.

4.5.2.5 Training Requirement for Vehicle Drivers
The City will conduct an informal meeting with the Contractor to review driving requirements at the Airport.

4.5.2.6 Situational Awareness
Yield the right-of-way to moving aircraft (whether under tow or their own power) and pedestrians.

While driving or working within the airfield environment, personnel will not wear any devices in or on their ears, other than those used to protect hearing or to communicate company business. Yield right-of-way to emergency vehicles displaying rotating beacons (other than amber) and/or using sirens, and other audible emergency signals. In the event of an emergency, be prepared to move workers, vehicles, and equipment immediately at the direction of the City.

Texting while driving anywhere on Airport property is strictly prohibited.

4.5.2.7 Two-Way Radio Communication Procedures
All radio communications with the Common Traffic Advisory Frequency (CTAF) will be performed by Airport Operations/City personnel and/or a trained Contractor-provided construction safety coordinator. All activities within aircraft movement areas will require two-way radio communication.

The Contractor’s on-site foremen/lead/superintendents will carry (or have immediately available) a VHF aviation radio. Additionally, if a sweeper is being used in the movement area and a flagger is not coordinating his/her movements, the sweeper operator will also carry a radio. Radio Frequency that will be used is:
• CTAF – 123.0

4.5.2.8 Airport Security
In areas of work activities, the Contractor will maintain security against unauthorized access to the airfield area through the security gate(s). Gates will be locked or manned at all times. The gate will be closed and locked when not in use. Where the Contractor’s lock is used for access through City gates, the lock will be marked to identify the ownership of the Contractor. Place the lock in series with existing locks. Failure to adhere to these requirements will result in the Contractor’s lock being removed by the City.

4.6 WILDLIFE MANAGEMENT
Procedures to maintain existing wildlife mitigation devices, limit wildlife attractants, and notify City of wildlife encounters.
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Runway 15-33 Pavement Rehabilitation, Phase 2
Construction Safety and Phasing Plan
October 2020
MEAD & HUNT, Inc.

4.6.1 Trash
Receptacles will be provided by the Contractor and equipped with metal, canvas, or plastic covers.

Food scraps or other trash may not be disposed on the ground and must be collected and placed in the covered receptacles so as not to attract wildlife.

4.6.2 Standing Water
Staging areas, stockpile areas, and the work area will be graded to drain to avoid attracting wildlife.

4.6.3 Tall Grass and Seeds
The use of low-quality seed mixtures that contain seeds of plants (such as clover) that attract wildlife will not be used. Grass and weeds will be managed, or cut if necessary, within work areas to avoid attracting wildlife habitation.

4.6.4 Fencing and Gates
Fences and/or gates that are unmaintained and/or left open and unattended permit unwanted wildlife to enter inside the Airport perimeter fence. Refer to 4.5.2.8, Airport Security, for requirements of maintaining the secured area of the Airport. Contractor personnel will immediately notify the City if any unwanted wildlife is observed inside the Airport perimeter fence.

4.6.5 Disruption of Existing Wildlife Habitat
Not applicable for this Project.

4.7 FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT AND DUST CONTROL The Contractor will be required to ensure the airfield environment is kept continuously free of construction debris, equipment and/or materials that might endanger or be ingested by an aircraft. Contractor will take extreme care to ensure that no work-related debris or other loose items are allowed to be blown by wind or aircraft engine blast. The Contractor will be responsible for any resulting damage to aircraft engines and/or other property arising from failure to secure and/or protect debris, tools, supplies, or other loose items.

Following the requirements described herein will help eliminate the potential for FOD. In areas that may result in the tracking of soil, sediments, or hazardous materials on the wheels of hauling equipment outside the area that are enclosed by erosion and silt/sediment control devices, the Contractor will provide the means and methods to remove these materials prior to the vehicle exiting the controlled area. If water wash stations are used, the Contractor will provide systems for the collection, treatment, and disposal of wheel wash water and accumulated sediment. Equipment operated on haul routes over existing pavements will be kept free of material spillage and foreign matter at all times. Haul routes that are shared with aircraft operations will be cleaned continuously with regenerative air vacuum sweepers, or other City approved methods.

Dust control will be in conformance with "Dust Control" of the State Standard Specifications and the Project Specifications. The Contractor will provide the ways and means to prevent dust, grit, and other waste products from becoming a nuisance in and around the working areas. The Contractor will take action as necessary, with the approval of the City, to reduce or eliminate such nuisance. The Contractor will control dust during the entire Contract period, including holidays and weekends.

Application of water for controlling dust caused by construction operations or the passage of traffic through the work area(s) will be applied as directed by the City at the Contractor’s expense. 98

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Runway 15-33 Pavement Rehabilitation,
Construction Safety and Phasing Plan
March 1, 2022
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4.8 HAZARDOUS MATERIALS (HAZMAT) MANAGEMENT

4.8.1 Shipments of Hazardous Materials
If shipments of hazardous material (including hazardous debris, contaminated soil or water, and hazardous waste) will be unloaded onto or loaded from City property, the Contractor will have a qualified person available onsite when shipments are received or prepared to ship who is current with U.S. Department of Transportation (DOT) approved training for the transportation of hazardous materials. Contractor will properly characterize and manifest waste material leaving the City property for disposal. When the waste reaches its final destination, the owner or operator of the designated and permitted treatment, storage, and disposal (TSD) facility will sign the manifest and return a copy to the City within 35 days to confirm receipt.

4.8.2 Spills

4.8.2.1 Minor Spills
Minor spills can be controlled by the first responder at the discovery of the spill. Use absorbent materials on small spills rather than hosing down or burying the spill. First responder should contain the spread of the spill, recover spilled materials, clean the contaminated area, and properly dispose of contaminated materials. For minor spills, consult the products Material Safety Data Sheets (MSDS) for recommended actions for spills or container leaks. Additionally, MSDSs will provide emergency phone numbers and occupational health hazard information.

4.8.2.2 Semi-significant Spills
Semi-significant spills can be controlled by the first responder along with the aid of other personnel such as laborers, the foreman, etc. Notify the City of semi-significant spills. Spills should be cleaned up immediately. Contain the spread of the spill and notify the Project foreman immediately. If the spill occurs on paved or impermeable surfaces, clean up by using dry methods (absorbent materials, cat litter and/or rags). Contain the spill by encircling with absorbent materials and do not let the spill spread widely. If the spill occurs in dirt areas, immediately contain the spill by constructing an earthen dike. Dig up and properly dispose of contaminated soil. If the spill occurs during rain, cover spill with tarps or other material to prevent contaminating runoff.

4.8.2.3 Significant / Hazardous Spills
Significant/Hazardous spills that cannot be controlled by personnel in the immediate vicinity must be reported to the local emergency response by dialing 911. In addition to 911, the Contractor will notify the City, proper City officials, and the state Emergency Services Warning Center. The services of a Spills Contractor or a HAZMAT team should be obtained immediately. Construction personnel should not attempt to clean up until the appropriate and qualified staff arrives at the jobsite. Other agencies that may need to be consulted include, but are not limited to, the Fire Department, the Public Works Department, the Highway Patrol, the City Sheriff’s Department, and the Department of Toxic Substance.

4.8.3 Delivery and Storage of Hazardous Goods
a) Ensure that hazardous goods and material delivered to or from the construction site meet applicable DOT labeling and placarding requirements. Upon request from the City, supply MSDS for all hazardous material being delivered to the site. b) The storage and shipment of hazardous waste will also comply with the requirements of this section.
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Construction Safety and Phasing Plan
October 2020
MEAD & HUNT, Inc.
c) It is emphasized, however, that although spills resulting from incidents or accidents should be responded to, securing the well-being of people will be the first priority. d) Good housekeeping practices should be utilized during equipment fueling and maintenance operations. Inspect fueling equipment for leaks prior to dispensing. Fueling operations will be continuously attended to while dispensing fuel. Fueling and maintenance operations will not be performed within 50 feet of a storm drain, inlet, ditch, surface water, wetland, etc. to allow adequate time for containment in the event of a spill.

4.9 NOTIFICATION OF CONSTRUCTION ACTIVITIES

4.9.1 Responsible Representatives / Points of Contact
Airports/Utility
Staff Member Title Phone/Office Cell
Greg Owen Airport Manager 707-467-2855
Ken Ronk Airport Assistant 707-467-2853
Tim Eriksen Director/City Engineer (Public Works) 707-463-6280 Rick Seanor Deputy Director (Public Works) 707-463-6296 Additional points of contact will be provided at the Preconstruction Meeting.

4.9.2 Notices To Airmen (NOTAM)
Only the City may initiate or cancel a NOTAM on Airport conditions and is the only entity that can close or open a runway. Points of contact for issuing NOTAMs are as follows:
• Main Contact: Greg Owen – 707-467-2855
• Alternate Contact: Ken Ronk – 707-467-2853

4.9.3 Emergency Contact Information
• Emergency – Dial 911
• Airports Operations – 707-463-6200
• City of Ukiah Police Department – 707-463-6262
• Ukiah Valley Fire Authority – 707-462-7921
• Adventist Health Ukiah Valley (Hospital) – 707-462-3111 • California Poison Center – 1-(800)-222-1222

4.9.4 Coordination with Emergency Services Personnel
The proposed Project does not deactivate waterlines or hydrants, and the Airport will be closed to operations during construction. Emergency personnel will be briefed by the City as to the construction schedule. If additional notification of emergency personnel is required, the Contractor may contact the City.

4.9.5 Notification of the FAA

4.9.5.1 Part 77
The Project will not affect navigable airspace while runway(s) are open; therefore, the City will not be required to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration, for a 100

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Construction Safety and Phasing Plan
March 1, 2022
MEAD & HUNT, Inc.
specific element. The City will, however, submit Form 7460-1 for the proposed critical construction equipment within the Project work areas when the runways are open. Any equipment (cranes, graders, other equipment) used by the Contractor that exceeds the height limitation in Section 4.18, Other Limitations on Construction, must also have a Form 7460-1 airspace evaluation and determination prior to use.

4.9.5.2 Airport Owned/FAA Maintained NAVAIDS
For construction operations that will require a shutdown of more than 24 hours or more than 4 hours on consecutive days of a NAVAID owned by the Airport but maintained by the FAA, Contractor will coordinate with the Airport to provide a 45-day minimum notice to FAA ATO/Technical Operations prior to facility shutdown.

4.9.5.3 FAA Owned NAVAIDS
The City must notify the appropriate FAA ATO Service Area Planning and Requirements (P&R) Group a minimum of 45 days prior to implementing an event that causes impacts to NAVAIDs.

Impacts to FAA equipment covered by a Reimbursable Agreement (RA) do not have to be reported by the Airport Operator. The City must coordinate work for an FAA owned NAVAID shutdown with the local FAA ATO/Technical Operations office including any necessary reimbursable agreements and flight checks. In the event of an unanticipated utility outage or cable cuts that impact FAA NAVAIDs, contact the Airport Manager immediately.

4.10 INSPECTION REQUIREMENTS

4.10.1 Daily Inspections
Inspections should be conducted by the Contractor at least daily, but more frequently if necessary, to ensure conformance with the CSPP. Special attention will be given to areas shared by construction traffic and air traffic. These areas will be maintained in accordance with Section 4.7, Foreign Object Debris Management. The City will have the final authority in determining if the area is suitable for aircraft use.

4.10.2 Final Inspections
A final inspection will be conducted by the City prior to the commissioning of any constructionimpacted areas open to air traffic. The City will have the final authority in determining if the area is suitable for aircraft use. A Daily Safety Inspection Checklist that may be used by the Contractor or City is included as Attachment 4.

4.11 UNDERGROUND UTILITIES AND NOTIFICATION RESPONSIBILITIES Contractor must notify the Underground Service Alert (California Northern) by calling either 8-1-1 or 1-800- 227-2600 (www.usanorth.org) and any other owners of underground utilities within the construction area or within affected public rights-of-way or easements in advance of the commencement of excavation activities.

Also, the Contractor must notify the City when the call is being initiated so the City can provide information to Airport utilities as well.

Contractor will not cross electrical or communication cables unless protected by approved means. In the event of interruption to field-located utility services as a result of the work, promptly notify the City first and then the proper authority. Cooperate with said authority in restoring service as promptly as possible. If required, the Contractor will install suitable temporary service until permanent repair is completed. 101

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Construction Safety and Phasing Plan
October 2020
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4.12 PENALTIES
The Contractor is responsible for maintaining security during construction as detailed herein. The Airport is subject to fines up to $20,000 for security violations. The Contractor will be responsible for any fines caused by his failure to observe the security requirements contained herein or required by the SPCD. Violations will be cause for the Project to be stopped and Project safety procedures evaluated. Contractor working days will continue to be charged, even if the City ceases construction operations. The City will decide if and when work will continue. Enforcement of these regulations will be by the City, Police, and/or Airport Operations Staff.

4.13 SPECIAL CONDITIONS, SAFETY ADHERENCE
During construction, the Airport Contractor must be aware of the following conditions and required actions. a) An aircraft in distress may require the Contractor to immediately move equipment away from an aircraft movement area. The City will notify the Contractor in the unlikely event of an aircraft in distress. The Contractor will be required to comply with all City instructions. b) Various circumstances, such as an aircraft accident, security breach, or other unforeseen events may require suspension of the construction. The City will notify the Contractor when suspension of the work will be required. See Section 4.9, Notification of Construction Activities, for emergency contact information.
c) A VPD (vehicle / pedestrian deviation) is any entry or movement on the movement area by a vehicle or pedestrian that has not been authorized by ATC. In the event of a VPD, the City reserves the right to suspend the work or any portion thereof and continue suspension until the completion of any investigation or evaluation by the City and full compliance with any corrective measures which the City may reasonably require. In addition, the City may require the Contractor to provide to the City a written plan, satisfactory to the City, to demonstrate the Contractor’s ability to prevent future violations. See Section 4.5, Contractor Access, for vehicle and pedestrian operations and two-way radio communication requirements.

4.14 RUNWAY AND TAXIWAY VISUAL AIDS

4.14.1 Temporary Signs or Visual NAVAIDs
The nature of this construction Project and the duration of the closures will not require the addition of temporary lighting, signs, or visual NAVAIDs to be incorporated into this Project.

4.14.2 Lighting

4.14.2.1 Temporarily Closed Taxiways
The taxiway lights will be disabled by the Airport for the duration of the taxiway closure.

4.14.2.2 Temporarily Closed Runways
The runway lights will be disabled by the Airport for the duration of the runway closure.

4.14.3 Airfield Signs

4.14.3.1 Temporarily Closed Taxiways
Taxiway airfield signs will be disabled by the Airport for the duration of the closure.

4.14.3.2 Temporarily Closed Runways
Runway airfield signs will be disabled by the Airport for the duration of the closure. 102

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Construction Safety and Phasing Plan
March 1, 2022
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4.15 MARKING AND SIGNS FOR ACCESS ROUTES
The Contractor will place traffic control signs and/or devices as appropriate to advise the Airport users of construction operations and hauling. Signs and/or devices will conform to the California Manual on Uniform Traffic Control Devices (CAMUTCD), Current Edition.

4.16 HAZARD MARKING AND LIGHTING
a) Before starting work, provide and have available all signs, barricades, closure crosses, and lights necessary for protection of the work. Install and maintain adequate warning signs and lighted barricades to protect property and personnel in the work area. Barricades will be weighted or anchored to prevent overturning from wind or aircraft engine blast. b) Barricades are not permitted in any active safety area. Barricades located within a runway or taxiway object free area and/or on aprons must be as low as possible to the ground and no more than 18 inches high, exclusive of supplementary lights. The Contractor will provide low-level barricades marked with diagonal, alternating orange and white stripes to separate all construction/maintenance areas from the movement areas listed above. For the barricades, the Contractor will provide red omni-directional flashers (2 per barricade) and an orange vinyl flag. Lowlevel barricades will be spaced a maximum of 5 feet apart unless directed otherwise by the City. c) Runway closure markers will be placed on runways whenever the runway is closed. d) The Contractor will have a person on call 24 hours a day for emergency maintenance of Airport hazard lighting and barricades. The Contractor must file the contact person’s information with the City. Lighting will be checked for proper operation at least once per day, preferably at dusk. e) Open trenches, excavations, or obstructions not being actively worked will be marked with lighted and weighted barricades that can be seen from a reasonable distance. f) Stakes will be used to delineate restricted areas as shown on the Drawings. Stakes will be wooden lath with a minimum 1 foot buried in the ground and 3 feet exposed above ground. The top one foot above ground will be painted fluorescent orange. No stakes are to be placed within the delineated wetlands areas.

4.17 PROTECTION OF RUNWAY AND TAXIWAY CRITICAL AREAS

4.17.1 Runway Safety Area (RSA)
This Project will require construction within the existing RSA. Construction personnel are not permitted to be within the RSA unless the runway is closed. The dimension for the Runway 15-33 RSA is 75 feet on each side of centerline and 300 feet beyond each runway end. The ground surface within the RSA will not have edges exceeding 3 inches or slopes greater than 5 percent unless the runway is closed.

4.17.2 Runway Object Free Area (ROFA)
This Project will require construction within the existing ROFA. Construction personnel are not permitted to be within the ROFA unless the runway is closed, or they are escorted by City personnel. The dimensions for the Runway 15-33 ROFA are 250 feet on each side of centerline.

The ROFA length beyond the runway end is 300 feet.

4.17.3 Taxiway Safety Area (TSA)
No construction may occur in the TSA while the taxiway is open to aircraft operations, unless otherwise specified. Open trenches or excavations are not permitted within the TSA while the 103

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Construction Safety and Phasing Plan
October 2020
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taxiway is open. If possible, trenches should be backfilled before the taxiway is opened. If the taxiway must be opened before excavations are backfilled, cover the excavations appropriately.

Covering for open trenches must be designed to allow the safe operations of the heaviest aircraft operating on the taxiway across the trench without damage to the aircraft. Contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the City, and light them with red lights during hours of restricted visibility or darkness. The ground surface within the TSA will not have edges exceeding 3 inches or slopes greater than 5 percent unless the taxiway is closed. Soil erosion must be controlled to maintain TSA standards, that is, the TSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface variations, and be capable, under dry conditions, of supporting the occasional passage of aircraft without causing structural damage to the aircraft. The TSA for all taxiways is 79 feet in width.

4.17.4 Taxiway Object Free Area (TOFA)
No construction will be allowed within the TOFA while the taxiway is open to aircraft operations.

The TOFA is 98 feet in width.

4.17.5 Obstacle Free Zone (OFZ)
Personnel, material, and/or equipment may not penetrate the OFZ while the runway is open to aircraft operations. The dimension for Runway 15-33 OFZ is 200 feet on each side of centerline and 200 feet beyond each runway end.

4.17.6 Runway Approach/Departure Surfaces
When the runway is open, all personnel, material, and/or equipment must remain clear of the threshold siting surfaces (approach and departure surfaces).

4.17.6.1 Affected Approach Surface
The approach surfaces for Runway 15-33 will be unaffected by construction when the runways are open.

4.17.6.2 Affected Departure Surface
The departure surfaces for Runway 15-33 will be unaffected by construction when the runways are open.

4.18 OTHER LIMITATIONS ON CONSTRUCTION

4.18.1 Prohibitions
a) Open flame welding or torches are prohibited unless fire safety precautions are provided, and the City has approved their use.
b) Electrical blasting caps are prohibited on or within 1,000 feet of the Airport property. c) The use of flare pots is prohibited within the AOA.
d) No smoking will be allowed within the airfield environment except as designated by the City.

4.18.2 Restrictions, Equipment
a) Construction equipment that extends 15 feet or more above ground level will be cleared through the City prior to moving onto site. Equipment that may be lowered readily will be lowered at night, during reduced daytime visibility, and during other periods of storage to comply with the 15-foot height limitation.
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Ukiah Muncipal Airport
Runway 15-33 Pavement Rehabilitation,
Construction Safety and Phasing Plan
March 1, 2022
MEAD & HUNT, Inc.
b) If directed by the City, construction equipment that cannot be lowered below the 15-foot height limitation will be lighted at night and during periods of reduced daytime visibility. The light will be mounted on the highest point of equipment, will be omni-directional, and will consist of, at a minimum, one 100-watt bulb enclosed within an aviation red lens. Also, for daytime operations, mount an FAA-approved, 3-foot square, orange and white checkered flag at the highest point. c) During daylight hours with severe visibility problems or heavy fog, cranes will not operate. The City will determine when visibility problems exist and will coordinate and designate requirements for position and location of flag and light.

4.19 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD), INFORMATION The SPCD will detail how the Contractor will comply with the CSPP. This will include all Project-specific Construction Safety Plan details not included in the CSPP, including construction equipment heights, any applicable hazard management requirements, and contact information for the Contractor’s safety management staff responsible for monitoring the CSPP and SPCD during construction. The SPCD will be an attachment to and enhancement of the Project CSPP. See Attachment 2 for an example of the SPCD.

The SPCD must include a statement that the Contractor understands the operational safety requirements of the CSPP and an assertion that the Contractor will not deviate from the approved CSPP and SPCD without written approval from the City. Any construction operation, activity, or practice proposed by the Contractor that does not conform to the CSPP and SPCD will require a revision to those documents. The revised CSPP and SPCD must be submitted to City for review and approval prior to performing any activities that are not in compliance with a previously approved CSPP.

Copies of the approved CSPP and SPCD must be available on-site at all times. The Contractor will ensure all construction personnel are familiar with safety procedures and regulations applicable to construction on the Airport. At least one of the Contractor’s safety management staff must be on-site whenever active construction is ongoing to act as point of contact and immediate response coordinator to correct any construction-related activity that may adversely affect operational safety of the Airport.

Prepared and submitted by:

MEAD & HUNT, Inc.

Doug Asche, PE
Project Manager
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ATTACHMENTS
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X:\2112200\192335.01\TECH\Design\Specs\Bid Set\UKI Rwy Lighting CSPP 100% for spec book.docx Attachment 1- Project Plan Sheets
Refer to Project Plan Set
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Attachment 2 – Safety Plan Compliance Document
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CONTRACTOR’S

SAFETY PLAN COMPLIANCE DOCUMENT (SPCD)
(AC 150/5370-2G)
Project Information
Airport and Sponsor: City of Ukiah
Project ID: FAA AIP No.: 03-06-0268-0XX-2019
Description of Project: Ukiah Municipal Airport Runway 15-33 Rehabilitation, Phase 2 Type of Work: Runway/Taxiway Lighting Replacement and Relocation, New PAPI/REIL Construction FAA Project Manager: Phone:

Airport Operator Contact: Phone:

Contractor’s Information
Prime Contractor:

Address:

Contractor Contact: Phone:

Contractor’s Responsibility
In accordance with Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5370-2G, Operational Safety on Airports During Construction, a SPCD for a project must be submitted to the FAA and to the Airport Operator for review and approval prior to the issuance of a Notice-to-Proceed for Construction. The SPCD will be prepared in a detailed written and graphical format that identifies the timing and methodology for the Contractor's compliance with the project’s Construction Safety and Phasing Plan (CSPP).

1.3.2 The Contractor will comply with all provisions contained herein and provide the following project-specific complementary and supplemental information to the FAA-approved Construction Safety and Phasing Plan:

1. Contractor will have copies of the CSPP and SPCD available at all times for reference by the Airport Operator and its representatives, and by Contractor’s and subcontractor’s employees.

Location(s) of CSPP and SPCD:

2. Provide contact information for the person responsible for initiating and coordinating an immediate response to correct any construction-related activity that may adversely affect the operational safety of the Airport. Project will require 24-hour coverage.

Point of Contact: Phone:

3. Provide list of Contractor’s on-site employees responsible for monitoring compliance with the CSPP and SPCD whenever active construction is ongoing.

Contact Person: Phone:

4. Contractor will conduct inspections at least once daily, and more frequently if necessary, to ensure construction personnel comply with the CSPP and SPCD and that there are no altered construction 113

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X:\2112200\192335.01\TECH\Design\Specs\Bid Set\UKI Rwy Lighting CSPP 100% for spec book.docx activities that could create potential safety hazards. A Construction Project Daily Safety Inspection Checklist is attached.

5. Describe details of Contractor’s plan to restrict movement of construction vehicles and personnel to permitted construction areas by flagging, barricading, erecting temporary fencing, or providing escorts, as appropriate and as specified in the CSPP. Include the appropriate plan sheets to identify timing and/or location of control measures: [Contractor to insert detailed description.]

6. Describe details of Contractor’s plan to ensure that no employees of Contractor, subcontractors, suppliers, or other persons enter any part of the Air Operations Area (AOA) unless authorized. [Contractor to insert detailed description.]

7. Provide a description and schedule of anticipated operation for all Contractor equipment over 15 feet in height (e.g. cranes, concrete pumps, other similarly tall equipment) and heights of stockpiles and haul routes when different from what is shown on previously filed CSPP. [Contractor to insert detailed equipment list/stockpile heights as applicable.] (As necessary, the Contractor must coordinate with the Airport Operator for the purpose of filing a supplemental submittal of FAA Form 7460-1 to the FAA for determination of whether or not an aeronautical study must be conducted prior to allowing tall equipment operations to begin.)

8. Provide a description of Contractor’s plan to ensure that construction personnel are familiar with the safety procedures and regulations on the Airport, the CSPP, and the SPCD. [Contractor to insert detailed description.]
SPCD Amendment
The SPCD will be amended when there is a construction practice proposed by the Contractor that does not conform to the CSPP and SPCD and may impact the Airport’s operational safety. This will require a revision to the CSPP and SPCD and re-coordination with the Airport Operator and the FAA in advance.

Statement of Certification
I certify that we understand the operational safety requirements of the CSPP and assert that we will not deviate from the approved CSPP and SPCD unless written approval is granted by the Airport Operator and FAA.

Print Name: Title:

Signature: Date:
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Attachment 3 – Definition of Terms
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Appendix C
C-1
APPENDIX C. TERMS AND ACRONYMS
Table B-1. Terms and Acronyms
Term Definition
Form 7460-1 Notice of Proposed Construction or Alteration. For on-airport projects, the form submitted to the FAA regional or airports division office as formal written notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. (See guidance available on the FAA web site at https://oeaaa.faa.gov.) The form may be downloaded at
http://www.faa.gov/airports/resources/forms/, or filed electronically at:
https://oeaaa.faa.gov.

Form 7480-1 Notice of Landing Area Proposal. Form submitted to the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport The form may be downloaded at http://www.faa.gov/airports/resources/forms/.

Form 6000-26 Airport Sponsor Strategic Event Submission Form AC Advisory Circular
ACSI Airport Certification Safety Inspector
ADG Airplane Design Group
AIP Airport Improvement Program
ALECP Airport Lighting Equipment Certification Program
ANG Air National Guard
AOA Air Operations Area, as defined in 14 CFR Part 107. Means a portion of an airport, specified in the airport security program, in which security measures are carried out. This area includes aircraft movement areas, aircraft parking areas, loading ramps, and safety areas, and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures. This area does not include the secured area of the airport terminal building.

ARFF Aircraft Rescue and Fire Fighting
ARP FAA Office of Airports
ASDA Accelerate-Stop Distance Available
AT Air Traffic
ATCT Airport Traffic Control Tower
ATIS Automatic Terminal Information Service
ATO Air Traffic Organization
Certificated Airport An airport that has been issued an Airport Operating Certificate by the FAA under 117

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Appendix C
C-2
Term Definition
the authority of 14 CFR Part 139, Certification of Airports.

CFR Code of Federal Regulations
Construction The presence of construction-related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft.

CSPP Construction Safety and Phasing Plan. 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.

CTAF Common Traffic Advisory Frequency
Displaced
Threshold
A threshold that is located at a point on the runway other than the designated beginning of the runway. The portion of pavement behind a displaced threshold is available for takeoffs in either direction or landing from the opposite direction.

DOT Department of Transportation
EPA Environmental Protection Agency
FAA Federal Aviation Administration
FOD Foreign Object Debris/Damage
FSS Flight Service Station
GA General Aviation
HAZMAT Hazardous Materials
HMA Hot Mix Asphalt
IAP Instrument Approach Procedures
IFR Instrument Flight Rules
ILS Instrument Landing System
LDA Landing Distance Available
LOC Localizer antenna array
Movement Area The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading aprons and aircraft parking areas (reference 14 CFR Part 139).

MSDS Material Safety Data Sheet
MUTCD Manual on Uniform Traffic Control Devices
NAVAID Navigation Aid
NAVAID Critical
Area
An area of defined shape and size associated with a NAVAID that must remain clear and graded to avoid interference with the electronic signal.

Non-Movement
Area
The area inside the airport security fence exclusive of the Movement Area. It is important to note that the non-movement area includes pavement traversed by aircraft.
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Appendix C
C-3
Term Definition
NOTAM Notices to Airmen
Obstruction Any object/obstacle exceeding the obstruction standards specified by 14 CFR Part 77, subpart C.

OCC Operations Control Center
OE / AAA Obstruction Evaluation / Airport Airspace Analysis OFA Object Free Area. An area on the ground centered on the runway, taxiway, or taxi lane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes. (See AC 150/5300-13 for additional guidance on OFA standards and wingtip clearance criteria.) OFZ Obstacle Free Zone. The airspace below 150 ft (45 m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches. The OFZ is subdivided as follows: Runway OFZ, Inner Approach OFZ, Inner Transitional OFZ, and Precision OFZ. Refer to AC 150/5300-13 for guidance on OFZ.

OSHA Occupational Safety and Health Administration
OTS Out of Service
P&R Planning and Requirements Group
NPI NAS Planning & Integration
PAPI Precision Approach Path Indicator
PFC Passenger Facility Charge
PLASI Pulse Light Approach Slope Indicator
Project Proposal
Summary
A clear and concise description of the proposed project or change that is the object of Safety Risk Management.

RA Reimbursable Agreement
RE Resident Engineer
REIL Runway End Identifier Lights
RNAV Area Navigation
ROFA Runway Object Free Area
RSA Runway Safety Area. A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13.

SDS Safety Data Sheet
SIDA Security Identification Display Area
SMS Safety Management System
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Appendix C
C-4
Term Definition
SPCD Safety Plan Compliance Document. Details developed and submitted by a contractor to the airport operator for approval providing details on how the performance of a construction project will comply with the CSPP.

SRM Safety Risk Management
SSC System Support Center
Taxiway Safety
Area
A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300-13.

TDG Taxiway Design Group
Temporary Any condition that is not intended to be permanent.

Temporary Runway
End
The beginning of that portion of the runway available for landing and taking off in one direction, and for landing in the other direction. Note the difference from a displaced threshold.

Threshold The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced.

TODA Takeoff Distance Available
TOFA Taxiway Object Free Area
TORA Takeoff Run Available. The length of the runway less any length of runway unavailable and/or unsuitable for takeoff run computations. See AC 150/5300-13 for guidance on declared distances.

TSA Taxiway Safety Area, or
Transportation Security Administration
UNICOM A radio communications system of a type used at small airports.

VASI Visual Approach Slope Indicator
VGSI Visual Glide Slope Indicator. A device that provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicator (PAPI), visual approach slope indicator (VASI), and pulse light approach slope indicator (PLASI).

VFR Visual Flight Rules
VOR Very High Frequency Omnidirectional Radio Range
VPD Vehicle / Pedestrian Deviation
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Appendix D
D-1
APPENDIX D. CONSTRUCTION PROJECT DAILY SAFETY INSPECTION CHECKLIST The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. The list below is one tool that the airport operator or contractor may use to aid in identifying and correcting potentially hazardous conditions. It should be customized as appropriate for each project including information such as the date, time and name of the person conducting the inspection.

Table D-1. Potentially Hazardous Conditions
Item Action Required (Describe)
No Action
Required
(Check)
Excavation adjacent to runways, taxiways,
and aprons improperly backfilled.

Mounds of earth, construction materials,
temporary structures, and other obstacles
near any open runway, taxiway, or taxi
lane; in the related Object Free area and
aircraft approach or departure areas/zones;
or obstructing any sign or marking.

Runway resurfacing projects resulting in
lips exceeding 3 inch (7.6 cm) from
pavement edges and ends.

Heavy equipment (stationary or mobile)
operating or idle near AOA, in runway
approaches and departures areas, or in
OFZ.

Equipment or material near NAVAIDs that
may degrade or impair radiated signals
and/or the monitoring of navigation and
visual aids. Unauthorized or improper
vehicle operations in localizer or glide
slope critical areas, resulting in electronic
interference and/or facility shutdown.

Tall and especially relatively low visibility
units (that is, equipment with slim profiles)
— cranes, drills, and similar objects —
located in critical areas, such as OFZ and
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D-2
Item Action Required (Describe)
No Action
Required
(Check)
approach zones.

Improperly positioned or malfunctioning
lights or unlighted airport hazards, such as
holes or excavations, on any apron, open
taxiway, or open taxi lane or in a related
safety, approach, or departure area.

Obstacles, loose pavement, trash, and other
debris on or near AOA. Construction debris
(gravel, sand, mud, paving materials) on
airport pavements may result in aircraft
propeller, turbine engine, or tire damage.

Also, loose materials may blow about,
potentially causing personal injury or
equipment damage.

Inappropriate or poorly maintained fencing
during construction intended to deter
human and animal intrusions into the AOA.

Fencing and other markings that are
inadequate to separate construction areas
from open AOA create aviation hazards.

Improper or inadequate marking or lighting
of runways (especially thresholds that have
been displaced or runways that have been
closed) and taxiways that could cause pilot
confusion and provide a potential for a
runway incursion. Inadequate or improper
methods of marking, barricading, and
lighting of temporarily closed portions of
AOA create aviation hazards.

Wildlife attractants — such as trash (food
scraps not collected from construction
personnel activity), grass seeds, tall grass,
or standing water — on or near airports.

Obliterated or faded temporary markings
on active operational areas.

Misleading or malfunctioning obstruction
lights. Unlighted or unmarked obstructions
in the approach to any open runway pose
aviation hazards.
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Appendix D
D-3
Item Action Required (Describe)
No Action
Required
(Check)
Failure to issue, update, or cancel
NOTAMs about airport or runway closures
or other construction related airport
conditions.

Failure to mark and identify utilities or
power cables. Damage to utilities and
power cables during construction activity
can result in the loss of runway / taxiway
lighting; loss of navigation, visual, or
approach aids; disruption of weather
reporting services; and/or loss of
communications.

Restrictions on ARFF access from fire
stations to the runway / taxiway system or
airport buildings.

Lack of radio communications with
construction vehicles in airport movement
areas.

Objects, regardless of whether they are
marked or flagged, or activities anywhere
on or near an airport that could be
distracting, confusing, or alarming to pilots
during aircraft operations.

Water, snow, dirt, debris, or other
contaminants that temporarily obscure or
derogate the visibility of runway/taxiway
marking, lighting, and pavement edges.

Any condition or factor that obscures or
diminishes the visibility of areas under
construction.

Spillage from vehicles (gasoline, diesel
fuel, oil) on active pavement areas, such as
runways, taxiways, aprons, and airport
roadways.

Failure to maintain drainage system
integrity during construction (for example,
no temporary drainage provided when
working on a drainage system).
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Appendix D
D-4
Item Action Required (Describe)
No Action
Required
(Check)
Failure to provide for proper electrical
lockout and tagging procedures. At larger
airports with multiple maintenance
shifts/workers, construction contractors
should make provisions for coordinating
work on circuits.

Failure to control dust. Consider limiting
the amount of area from which the
contractor is allowed to strip turf.

Exposed wiring that creates an
electrocution or fire ignition hazard.

Identify and secure wiring, and place it in
conduit or bury it.

Site burning, which can cause possible
obscuration.

Construction work taking place outside of
designated work areas and out of phase.
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Ukiah Municipal Airport Project-Specific Construction Details Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
PART 1
FAA General Contract Provisions
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Ukiah Municipal Airport Section 10 Definition of Terms
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Part 1 – 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.
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.
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Paragraph
Number
Term Definition
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.
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 132

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Paragraph
Number
Term Definition
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. 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 133

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Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Paragraph
Number
Term Definition
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 Ukiah. 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.
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Ukiah Municipal Airport Section 10 Definition of Terms
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Paragraph
Number
Term Definition
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 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
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Ukiah Municipal Airport Section 10 Definition of Terms
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Paragraph
Number
Term Definition
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 is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item.
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Ukiah Municipal Airport Section 10 Definition of Terms
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Paragraph
Number
Term Definition
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
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Ukiah Municipal Airport Section 20 Proposal Requirements Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Section 20 Proposal Requirements and Conditions
20-01 Advertisement (Notice to Bidders). The Advertisement is included in the front of this Special Provisions ‘Book’ and has been published at such places and at such times as required by local law or ordinances and is made a part of the "Contract Documents.” The Bid Advertisement provides the following information for Bidders:
• time and place for submitting sealed proposals;
• description of the proposed work;
• instructions about obtaining proposal forms, plans, and specifications; • pre-bid meeting information
• Contractor’s requirements (license, registration, etc); • required Federal Provisions solicitation language;
• the proposal guaranty required; and
• the Owner’s right to reject any and all bids.
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 non-mandatory prebid conference will be held for 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. The prebid conference will be held as specified in the Bid Advertisement. 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:
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Ukiah Municipal Airport Section 20 Proposal Requirements Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner. d. Documented record of unsatisfactory work on previous contracts with the Owner. 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. Prices should be written in whole dollars and cents. The extended total amount of each item should not be rounded.

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.
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Ukiah Municipal Airport Section 20 Proposal Requirements Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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.
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, as specified in these Special Provisions (see Advertisement). 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 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 141

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Ukiah Municipal Airport Section 20 Proposal Requirements Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than the deadline for RFIs (request for information) as stated in the Instructions to Bidders.

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.

END OF SECTION 20
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Ukiah Municipal Airport Section 30 Award and Execution of Contract Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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 120 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 15 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 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 143

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Ukiah Municipal Airport Section 30 Award and Execution of Contract Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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
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Ukiah Municipal Airport Section 40 Scope of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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 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.
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Ukiah Municipal Airport Section 40 Scope of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. 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. 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, 146

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Ukiah Municipal Airport Section 40 Scope of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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
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Ukiah Municipal Airport Section 50 Control of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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 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.
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Ukiah Municipal Airport Section 50 Control of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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.

ORDER OF PRECEDENCE

1. Governing Law

2. Permits issued by jurisdictional regulatory agencies

3. Change Orders

4. Contract/Agreement

5. Addenda

6. Bid/proposal

7. Project-Specific Requirements for Airport Construction a. Provisions for Airport Construction, Section 13 (Part 1) b. Construction Safety and Phasing Plan, Section 13 (Part 2)

8. Technical Specifications, Section 13-03 - Parts 2-13 and Section 13.04 Electrical Specs

9. Project Plans

10. FAA General Contract Provisions, Section 13-03 – Part 1

11. City General Conditions

12. Standard Plans

13. Standard Specifications

14. Reference Specifications
50-05 Cooperation of Contractor. The Contractor shall be supplied with two 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. 150

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Ukiah Municipal Airport Section 50 Control of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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 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): electronic and hard copy, as coordinated with the RPR.

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.

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.
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Ukiah Municipal Airport Section 50 Control of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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. 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.
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Ukiah Municipal Airport Section 50 Control of Work
Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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 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
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Ukiah Municipal Airport Section 60 Control of Materials Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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). 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 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. 155

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Ukiah Municipal Airport Section 60 Control of Materials Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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.

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. 156

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Ukiah Municipal Airport Section 60 Control of Materials Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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
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Ukiah Municipal Airport Section 70 Legal Regulations and Responsibility to Public Ukiah, California Runway 15-33 Pavement Rehabilitation Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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: None.

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.
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 159

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Ukiah City CouncilNovember 6, 2024

Ukiah City Council
November 6, 2024