PUBLIC WORKS DEPARTMENT AIRPORT DIVISION PROJECT TITLE: PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS

Transcription

1 PUBLIC WORKS DEPARTMENT AIRPORT DIVISION PROJECT TITLE: PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS INVITATION FOR BIDS (IFB) NUMBER: FAA AIP NO.: IFB DUE DATE: Tuesday, August 5, 2014, 3:00 P.M. FOR CONTRACT DOCUMENTS AND INFORMATION CONTACT: PURCHASING AND CONTRACT ADMINISTRATION AT (650)

2 TABLE OF CONTENTS Part 1 Invitation for Bid (IFB) Summary Part 2 Instructions to Bidders Part 3 Bid Form and Bidder s Documents Bid Form Bid Schedule Subcontractor Listing Bidder s Statement on Previous Contracts Subject to EEO Clause Certification of Non Segregated Facilities Certification of Bidder Regarding Affirmative Action Program Disadvantaged Business Enterprise (DBE) Utilization DBE Letter of Intent Certification Regarding Foreign Trade Restrictions Buy American Certificate Non Collusion Affidavit Non Lobbying Certification for Federal Aid Contracts Suspension and Debarment Requirements Public Contract Code Section Statement Public Contract Code Section Questionnaire Public Contract Section Statement Drug Free Workplace Certification Bid Bond Banning Texting While Driving Certification Veteran s Preference 3.1 Sample Forms Performance Bond Payment Bond Bidder s Questionnaire Part 4 Construction Contract-Sample and General Conditions Part 5 Required Federal Documents 5.1 FAA Required Provisions 5.2 FAA General Provisions (per AC 150/ F) Section 10 Definition of Terms Section 20 Proposal Requirements and Conditions Section 30 Award and Execution of Contract Section 40 Scope of Work Section 50 Control of Work Section 60 Control of Materials Section 70 Legal Relations and Responsibility to Public Section 80 Prosecution and Progress Invitation for Bid (IFB) Package Rev. May 2014 Table of Contents

3 Section 90 Section 100 Section 110 Section 120 Measurement and Payment Contractor Quality Control Program Method of Estimating Percentage of Material Within Specification Limits (PWL) Nuclear Gages Part 6 Special Provisions for Construction on Airports Part 7 Technical Specifications Section 1, Mobilization Section 2, Surface Preparation Section 3, Pavement Repair and Crack Sealing Section 4, Bituminous Tack Coat, Item P 603 Section 5, Microsurfacing Section 6, Hot Mix Asphalt Concrete Section 7, Runway and Taxiway Painting, Item P 620 Part 8 Appendices Appendix 1, Construction Safety and Phasing Plan See Part 6, Special Provisions Part 9 Project Drawings Invitation for Bid (IFB) Package Rev. May 2014 Table of Contents

4 PART 1 Invitation for Bid Summary Invitation for Bid (IFB) Package 1 Rev. May 2014

5 CITY OF PALO ALTO Purchasing and Contract Administration 250 HAMILTON AVENUE P.O. BOX PALO ALTO, CA PALO ALTO, CA INVITATION FOR BIDS Date: July 17, 2014 The City of Palo Alto, Purchasing and Contract Administration, requests a Bid on behalf of the Public Works Department Engineering Services Division for: Project Title: Invitation For Bids (IFB) Number: FAA AIP NO.: PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS Description of Project: Improvements to Runway 13 31, Taxiways A,B,C, E,and Z at the Palo Alto Airport Specifically, the improvements included in this Project are: Cleaning the existing asphalt surface in preparation for microsurfacing. Removal of paint markings and rubber build up on the pavement. Cleaning pavement cracks and treating with herbicide. Removal of existing tie down pavement removal and replacement with new asphalt pavement section. Application of an asphalt microsurfacing treatment. Applying new pavement anchors. Isolated asphalt markings. Contracts Administrator: Telephone: Project Manager: Telephone: Carolynnn Bissett carolynn.bissett@cityofpaloalto.org (650) Andrew Swanson (650) THIS PROJECT IS FUNDED UNDER THE FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROGRAM (AIP) and must comply with specific required federal provisions. The following is a summary of the provisionss that shall apply to this project. (Further information regarding these provisions are included in the FAA Required Provisions, included as Part 5 of this Bid Package) 1) Access to Records and Reports (Reference: 2 CFR ) This provision applies to all AIP funded projects and must be included in all contracts and subcontracts Invitation for Bid (IFB) Package 1 Rev. May 2014

6 2) Affirmative Action Requirement (Reference: 41 CFR part 60 4, Executive Order 11246) 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. 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: a. Timetables b. Goals for minority participation for each trade (Vol. 45 Federal Register pg /3/80) c. 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 is also subject to the goals for both federally funded and nonfederally funded construction regardless of the percentage of federal participation in funding. 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 (a), and its efforts to meet the goals. The hours of minority and female employment and training shall 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 Compliance with the goals will be measured against the total work hours performed. The contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs (OFCCP), within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. As used in this notice and in the contract resulting from this solicitation, the "covered area" is [insert description of the geographical areas where the contract is to be performed giving the state, county, and city, if any]. 3) Breach of Contract Terms (Reference 2 CFR 200 Appendix II(A)) The requirements for breach of contract terms found in 2 CFR 200 Appendix II(A) is required in all contracts that exceed the simplified acquisition threshold. This threshold, fixed at 41 USC 403(11), is presently set at $100,000. 4) Buy American Preference (Reference: 49 USC 50101) The City of Palo Alto must meet the Buy American preference requirements found in 49 USC in all AIP funded projects. The Buy America requirements flow down from the sponsor to Invitation for Bid (IFB) Package 2 Rev. May 2014

7 first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The Buy American preference also applies to professional service agreements if the agreement includes any manufactured product as a deliverable. 5) Civil Rights General (Reference: 49 USC 47123) The General Civil Rights Provisions found in 49 USC 47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all AIP funded projects. This provision is in addition to the Civil Rights Title VI provisions. 6) Civil Rights Title VI Assurances The CITY OF PALO ALTO, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 7) Clean Air and Water Pollution Control (Reference: 49 CFR 18.36(i)(12)) Note, when the DOT adopts 2 CFR 200, this reference will change to 2 CFR 200 Appendix II(G)) The requirements for clean air and water pollution control found in 49 CFR 18.36(i)(12) must be included in all professional service agreements, construction contracts and subcontracts that exceed $100,000. 8) Contract Workhours and Safety Standards Act Requirements (Reference: 2 CFR 200 Appendix II (E)) The requirements for contract workhours and safety standards found in 2 CFR 200 Appendix II(E) must be incorporated into all professional service agreements, construction contracts and subcontracts that exceed $100,000. 9) Copeland Anti Kickback Act (Reference: 2 CFR 200 Appendix II(D), 29 CFR parts 3 & 5) The City of Palo Alto must incorporate mandatory contract language into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program. 10) Davis Bacon Act (Reference: DOL Regulation 29 CFR Part 5) The City of Palo Alto must incorporate the Davis Bacon Act requirements into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program. 11) Debarment and Suspension (NON PROCUREMENT). (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order DOT Suspension & Debarment Procedures & Ineligibility) 12) The contract agreement that ultimately results from this solicitation is a covered transaction as defined by Title 2 CFR Part 180. Bidder must certify at the time they submit their proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a covered transaction. 13) Disadvantaged Business Enterprise (Reference: 49 CFR part 26) The Disadvantaged Business Enterprise requirements found in 49 CFR part 26, apply to all AIPfunded projects and must be included in all contracts and subcontracts. This includes both projects with contract goals and projects relying on race/gender neutral means. Energy Conservation Requirements (Reference 2 CFR 200 Appendix II(H)) 14) The Energy Conservation Requirements found in 2 CFR 200 Appendix II(H), apply to all AIPfunded construction and equipment projects and must be included in all contracts and Invitation for Bid (IFB) Package 3 Rev. May 2014

8 subcontracts. Equal Opportunity Clause and Specifications (Reference 41 CFR , Executive Order 11246) The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the Equal Employment Opportunity (EEO) and Federal Labor Provisions. All labor on the Project shall be paid not less than the prevailing State wage rates established by the Director of the State of California, Department of Industrial Relations, or the prevailing Fed eral wage rates established by the U.S. Secretary of Labor, whichever is higher. The information is included in the Bid Documents and Specifications and are available for inspection at the CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION OFFICE. Each bidder must complete, sign, and fur nish with his bid all required documents and certifications contained in the Proposal Forms section of the Bid Documents. 15) Federal Fair Labor Standards Act (Reference: 29 USC 201, et seq.) All contracts and subcontracts that result from this solicitation incorporate this provision by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to referenced requirement directly with the Federal Agency with enforcement responsibilities. 16) Lobbying and Influencing Federal Employees (Reference: 49 CFR part 20, Appendix A) The Lobbying and Influencing Federal Employees prohibition found in 49 CFR part 20, Appendix A, applies to all AIP funded projects and must be included in all contracts and subcontracts. 17) Non segregated Facilities Requirement (Reference: 41 CFR ) A Certification of Non segregated Facilities shall be submitted prior to the award of a federallyassisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this provisions following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers is prescribed in 18 U.S.C ) Occupational Safety and Health Act of 1970 (Reference 20 CFR part 1910) All contracts and subcontracts that result from this solicitation incorporate this provision by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to referenced requirement directly with the Federal Agency with enforcement responsibilities. 19) Right To Inventions (Reference 2 CFR 200 Appendix II(F)) The requirement for rights to inventions and materials found in 2 CFR 200 Appendix II(F) applies to all AIP funded projects and must be included in all contracts and subcontracts. 20) Termination of Contract (Reference 2 CFR 200 Appendix II(B)) The requirements regarding the termination of contract found in 2 CFR 200 Appendix II(B) must be in cluded in all contracts and subcontracts that exceed $10, ) Trade Restriction (Reference: 49 CFR part 30) The trade restriction clause applies to all AIP funded projects and must be included in all contracts and subcontracts. Invitation for Bid (IFB) Package 4 Rev. May 2014

9 22) Texting When Driving (References: Executive Order 13513, and DOT Order ) In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order Text Messaging While Driving (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub grant. 23) Veteran s Preference (Reference: 49 USC 47112(c)) The Veteran s preference clause found in 49 USC 47112(c) applies to all AIP funded projects and must be included in all contracts and subcontracts that involve labor. The below Invitation for Bid Summary is not intended to be exclusive and the entire Invitation for Bid (IFB) Package should be reviewed prior to submitting a Bid. 1. Bid Submittal Information: A. Sealed Bids must be submitted to the City at City s Purchasing and Contract Administration office not later than 3:00 P.M., Tuesday, August 5, B. Bids may not be delivered by facsimile transmission or other telecommunication or electronic means. C. Bids arriving after the above deadline will be deemed non responsive and will be returned, unopened. D. Date, Time, and Location of Bid Opening: Bids will be opened in the Council Conference Room, at the Palo Alto Civic Center, 250 Hamilton Avenue, First Floor, Palo Alto, at 3:00 PM on Tuesday, August 5, E. Submit Bids by personally delivering or mailing to the Manager of Purchasing and Contract Administration: (Delivery in person or by other carriers) City of Palo Alto Purchasing and Contract Administration Mezzanine, Civic Center 250 Hamilton Avenue, MS MB Palo Alto, CA (US Mail only) City of Palo Alto Purchasing and Contract Administration Mail Stop MB PO Box Palo Alto, CA F. The Bid and accompanying documents shall be submitted in a sealed envelope, clearly marked as follows: Bid Enclosed Project Title: Palo Alto Airport Pavement Rehabilitation of Runway And Taxiways Invitation For Bids (IFB) Number: FAA AIP NO.: Bidder/Company Name and Return Address 2. Pre Bid Conference Information: Invitation for Bid (IFB) Package 5 Rev. May 2014

10 A pre Bid Conference is not scheduled. Or A pre Bid Conference is scheduled for this Project. The Conference shall begin promptly at 11:00 am on Thursday, July 24, 2014 and shall be held at the Palo Alto Airport trailer at 1925 Embarcadero Road. The Conference is not mandatory. All prospective bidders are strongly encouraged to attend. Or A mandatory pre Bid Conference is scheduled for. The Conference shall begin promptly on, and shall be held at located at, Palo Alto, CA All prospective Pre qualified Bidders must attend. Bids submitted by Bidders who fail to attend a mandatory pre Bid Conference will be deemed not responsive. 3. Contract Documents: Contract Documents are available from the City of Palo Alto, Purchasing and Contract Administration, Mezzanine, Civic Center, 250 Hamilton Avenue, Palo Alto, 94301, (650) ADA Information Persons with Disabilities who require auxiliary aids or other services in using City facilities, services or programs; or who require this document be provided in other accessible formats; or who would like information on City's compliance with Americans with Disabilities Act (ADA) of 1990 should contact: ADA Coordinator, City of Palo Alto, (Voice) or by at ada@cityofpaloalto.org. 5. Project Schedule The time for completion is indicated in Part 6 of the Construction Contract. It is anticipated that Work on the Project will be required to commence on or about September 8, Nothing in this provision is intended to bind the City to require commencement of the Work by the preceding time. 6. Contractor s License Type The prime contractor for this work shall possess a valid State of California Contractor s License in the following category: Class _A (General Engineering) 7. Posting of Bid Security For all bids greater than $25,000, Bidders shall submit a Bid security in the amount of not less than Five percent (5%) of the aggregate amount of the Bid including all Bid Alternates. Bid security shall be submitted with the bid and shall be in the form of a certified check, cashier's check or surety bond in substantially the same form as specified in this IFB. 8. Retention Percentage Invitation for Bid (IFB) Package 6 Rev. May 2014

11 The City s governing body or its designee has approved a finding pursuant to Public Contract Code Section 7201 that this Project is substantially complex and therefore requires a higher retention amount than five percent (5%). The percentage of retention that will be withheld on this Project shall be ten percent (10%). / / / / / / / / / / Invitation for Bid (IFB) Package 7 Rev. May 2014

12 PART 2 Instructions to Bidders Invitation for Bid (IFB) Package 0 Rev. May 2014

13 INSTRUCTIONS TO BIDDERS This Instructions to Bidders includes requirements for submitting a Bid for this Project. 1.0 SOLICITATION OF BIDS. 1.1 Submittal. No Bid shall be sent by or facsimile transmission, and any Bid so submitted shall be deemed not received by the City. Any Bid which is attempted to be delivered or which is received after the stated time shall be deemed non responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as nonresponsive. 1.2 Responsibility of Bidder. A Bid shall be submitted at the sole cost and expense of the Bidder and, in submitting such Bid to the City, the Bidder waives any claim or demand against the City which the Bidder may have for any direct or indirect cost or expense of preparing and submitting such Bid. 1.3 Federal Funding Contingency and Federal Requirements. FAA grants are expected to fund a significant portion of the cost of this Project, and as such, the contract award is contingent upon the City s receipt of anticipated levels of grant funding from the FAA. In addition, this Project is subject to extensive Federal requirements and provisions relating to labor, wage rates, notices for Contracts, and bidding provisions, which are listed in the Invitation for Bids and set out in Part 5 1 Required Federal Provisions, and certain standard FAA provisions set forth in Part 5 2 FAA General Provisions. The City acknowledges that certain provisions of the Construction Contract, the City of Palo Alto General Conditions and other Contract Documents are duplicative and/or potentially inconsistent with the Required Federal Provisions and the FAA General Provisions. In all such instances the Required Federal Provisions and the FAA General Provisions shall govern. For bidders reference and convenience only, the City has provided a table in Part 5 3 that cross references certain such duplicative and/or potentially inconsistent provisions; the City does not represent that Part 5.3 provides an exhaustive list of such provisions. To resolve any questions bidders may have regarding the applicability of Federal requirements, Bidders are encouraged to submit written requests for clarification in accordance with Section 1.10 of these Instructions to Bidders. 1.4 Bid Security. For all bids in excess of $25,000, Bid security in the amount of not less than five percent (5%) of the aggregate amount of the Bid is required. Bid security shall be submitted with the Bid and shall be in the form of a certified check, cashier's check or surety bond substantially in the form attached to this IFB. The Bid Security of Bidders who do not qualify as the lowest responsible bidder shall be returned to such Bidders no later than ninety (90) days from the date of award of contract unless extended by written agreement. 1.5 Bid Submittals..1 Bids: Bids must be submitted in writing on the attached Bid Form. Unless otherwise stated, one (1) original copy of the Bid Form, either typewritten or hand printed in black or blue ink only, completed in full without interlineations, alterations or erasures, and signed, is to be submitted. In addition, Bidder shall submit original executed copies of the Bidder s Questionnaire (if required), Subcontractor Listing, Bid Security, non collusion affidavit, and all other documents required herein including all FAA required forms and certifications, which are included in the Proposal Forms. Invitation for Bid (IFB) Package 1 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

14 .2 Proposal Requirements: The bidder s attention is directed to Part 5.2, General Provisions, Section 20, "Proposal Requirements and Conditions," for general details on the preparation of proposals for this Project..3 Bidder s Questionnaire: Each Bid must be accompanied by a completed, executed Bidder s Questionnaire using the form provided in these Contract Documents. Submission of a Bidder s Questionnaire containing false or incomplete information may be grounds for rejections of the Bid as non responsive and/or disqualification of the Bidder as not responsible. 1.6 Bid Signature. The signature of the person, whether in a personal or representative capacity, who executes the Bid Form and any other document which the City requires to be signed only in black or blue ink and shall be in longhand. If the person does business under his or her own name, that person shall sign his or her own name. If the person does business under a fictitious business name, that person shall sign his or her own name under the fictitious business name, e.g., "Jane Doe dba Jane Doe Associates". If the person signs for and on behalf of a partnership, the person shall sign and indicate his or her authority to sign, e.g., "XYZ Partners, Jane Doe, Partner". 1.7 Alternate Bids. No alternate Bid shall be accepted or considered by the City, unless the City solicits an alternate Bid. 1.8 Add Alternates. N/A 1.9 Withdrawal of Bid. A Bidder may withdraw its Bid upon written request and delivered in person or by hand delivery, , private express delivery service, or via U.S. Postal Service or by facsimile transmission to the Purchasing Manager at any time before the deadline for the receipt of Bids as specified in the IFB Summary. No Bidder may withdraw its Bid after the date set for the opening of Bids or until the City returns the Bid Security, subject to applicable California Law and Palo Alto Municipal Code Section (c). Request(s) for Clarification. Any Bidder may submit to the Project Manager a written request for the clarification of any aspect of the Project Specifications or any document, or part thereof, which is a part of the IFB. Such written request shall be submitted in person, by e mail, facsimile, private express delivery service, U.S. Postal Service, and shall be submitted not less than seven (7) Business Days prior to the date for the opening of the Bids. Any responses will be in the form of written addenda to the documents and will be e mailed, faxed, mailed or delivered to copy to all bidders of record. City will respond at least three (3) Business Days prior to the opening of Bids. Address clarification requests to: Carolynn Bissett, 250 Hamilton Ave, Palo Alto CA, 94301, carolynn.bissett@cityofpaloalto.org phone: , fax: Interest in More Than One Bid. Unless the City provides otherwise, no person shall be permitted to submit or be interested in more than one Bid for the same public works project. A person may submit a price to more than one Bidder as a subcontractor or materials supplier without violating this prohibition. 2.0 Addenda The City reserves the right to issue a written Addendum or Addenda to the documents prior to the bid closing date and time. City will not be liable for loss, or damage to any Bidder who does not receive any addendum issued by City in connection with this IFB, and any Bidder by submitting a Bid waives any and all claims and demands Bidder may have against City on account of the failure of delivery of any such Addendum to Bidder. Any and all Addenda issued by City shall be deemed included in this IFB, and the provisions and instructions therein contained shall be incorporated into any Bid submitted by Bidder. 3.0 Specifications: The Plans, specifications and scope of work have been prepared to describe the standard Invitation for Bid (IFB) Package 2 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

15 of quality, performance, and other characteristics needed to meet City requirements. In accordance with Public Contract Code Section 3400, unless otherwise specified, the City will accept alternate proposals of a designated material, product, thing, service, "or equal", and will determine if such alternate proposals are satisfactory in meeting a mandatory requirement or specification and if the proposed alternate meets the intent of the original mandatory requirement. The City reserves the right in its sole discretion to reject any alternate proposals that do not meet the specifications. 4.0 Certified Payroll. The successful bidder (Contractor) shall be required to submit two (2) copies of all certified payroll, including subcontractors, to the City each month. Failure to submit complete certified payroll in a timely manner may delay progress payments. For certified payroll to be considered for review, the submittal must contain information as contained in Part 5.1, FAA Required Provisions, Section Pre Construction Meeting: The successful bidder (Contractor) and subcontractors shall attend a preconstruction meeting with representatives of the City to discuss specific Project procedures. Pursuant to Public Contract Code Section 3400(c), the City has found that the following specific brands are required for the following particular material(s), product(s), thing(s), or service(s), and no substitutions will be considered or accepted: Item: Required brand: 6.0 PREVAILING WAGE INFORMATION. 6.1 Prevailing Wages. This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing wages in the performance and implementation of the Project, because the City, pursuant to its authority as a chartered city, has adopted Resolution No exempting the City from prevailing wages. The City invokes the exemption from the state prevailing wage requirement for this Project and declares that the Project is funded one hundred percent (100%) by the City of Palo Alto. This Project remains subject to all other applicable provisions of the California Labor Code and regulations promulgated thereunder. Or The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section et seq. and Section of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations. Copies of these rates may be obtained at the Purchasing Office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or Subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, , 1810, and 1813 of the Labor Code. All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California's Director of the Department of Industrial Relations (State Wage Rates), in accordance with the provisions of these Specifications. The most current prevailing wage rates available at the time of bid opening shall be used. Invitation for Bid (IFB) Package 3 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

16 7.0 PRE BID CONFERENCE Attendance. The Invitation for Bid informs the Bidders whether a pre bid conference will be held and whether attendance is mandatory. 8.0 OPENING OF BIDS Attendance. All Bidders are permitted to attend the opening of Bids, however, a Bidder's absence shall not be cause for the rejection or disqualification of the Bidder's Bid. The City reserves the right to change the originally scheduled Bid date and time to a later date and time by issuing an Addendum to that effect. Any and all Bids received by thee City on or before the deadline shall be opened and read in public on the date scheduled for the openingg of Bids at the Council Conference Room, Palo Alto Civic Center, First Floor, 250 Hamilton Avenue, Palo Alto, CA Announcements. The public reading of Bids received by the City shall include the announcement of the name of each Bidder and the total amount of eachh Bidder's Bid, and any other information as the City may deem appropriate. The City may note any Bid irregularity at the time of announcement. 9.0 DETERMINATI ON OF LOWEST RESPONSIBLE BIDDER Criteria for Determination. Subject to the conditions of this IFB, the City will award the contract, if an award is made, to the lowest responsive and responsible Bidder. In determining whether the Bidder is responsible, the City will use the criteria set forth in Palo Alto Municipal Code Section , as set forth below: (1) The bidder must have the ability, capacity, experience and skill to perform the work, or provide the goods and/or services in accordance with the bid specifications; (2) The bidder must have the ability to perform the contract within the time specified; (3) The bidder must have the equipment, facilities and resources of such capacity and location to enable the bidder to perform the contract; (4) The bidder must have the ability to provide, as required, future maintenance, repair, parts and service for the use of goods purchased; ; (5) The bidder must have a record of satisfactory or better performance under prior contracts with the city or others; and (6) The bidder must have complied with applicable laws, regulations, policies (including city councill policies), guidelines and orders governingg prior or existing contracts performed by the bidder. The City will afford a bidder determined not too be responsible an opportunity to appeal the determination in accordance with the Protest Procedure in the City of Palo Alto Purchasing Manual and the requirements of state law Determination of Lowest Bid. If additive or deductive Alternates are included in the Bid, pursuant to Public Contract Code Section , the following method will be used to determine the lowest Bid: Invitation for Bid (IFB) Package PART 2 INSTRUCTIONS TO BIDDERS 4 Rev. January 2014

17 The lowest Bid shall be the lowest total of the Base Bid and those Alternates specifically identify in this IFB as being used for the purpose of determining the Bid price. For purposes of this section, the Bid alternatives used for determining the Bid price are Alternates #. The lowest bid shall be the lowest Base Bid without consideration of the prices on the Additive and Deductive Alternate items. The lowest bid shall be the lowest total of the Base Bid and those Alternates that when taken in order from a specifically identified list of those items in the IFB, and added to or subtracted from the Base Bid are less than or equal to the funding amount publicly disclosed by the City before the Bid opening. The lowest Bid shall be determined in a manner that prevents any information that would identify any Bidder or proposed Subcontractor or supplier from being revealed to the City before the ranking of all Bidders from lowest to highest has been determined, as follows: the Regardless of the method for determining the lowest price, the City can add to or deduct from contract any of the additive or deductive items after the lowest Bid has been determined. 9.3 Waiver of Minor Irregularities. The City may exercise its discretion to waive minor irregularities, defects or informalities in the Bids, so long as the waiver would not affect the amount of the Bid or give the Bidder an advantage over others. 9.4 Bid Discrepancies. In the case of a discrepancy between a written amount and the corresponding figures, the written amount shall govern. In the case of a discrepancy between an item price and the corresponding unit price multiplied by the corresponding estimated quantity, the unit price multiplied by the estimated quantity shall govern. In the case of discrepancy between the actual arithmetic total of all items and the total stated by the Bidder, the actual arithmetic total shall govern. 9.5 Bid Protest Process. Any bid protests shall be governed by the Protest Procedure in the City of Palo Alto Purchasing Manual on file in the Purchasing Division AWARD OF CONTRACT AND REJECTION OF BIDS Decision to Award. A Contract may be awarded to the Bidder who is determined to be the lowest responsible Bidder, provided, however, as a condition precedent to the obligation of the City to perform under the Contract, the lowest responsible Bidder shall furnish the necessary Bid Security, proof of valid contractor s license, such additional information as may be required by these documents or requested by the City's representatives. The City reserves the right to award more than one Contract with respect to the Project. For purposes of this section, the City s decision to award shall be deemed made on the date the City sends the Notice of Award. The award(s), if made, will be pending FAA review and confirmation of availability of funds. All bids shall be valid for a period of one hundred (120) and twenty calendar days from the opening date Decision to Reject. The City reserves the unfettered right to reject all Bids for any reason or for no reason, to re advertise a Bid, or to cancel a Bid listing and elect to perform the Project and Work with its own forces. The City reserves the right to reject as non responsive any Bid which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance with the requirements of this Invitation for Bids Execution of Contract. If the lowest responsible Bidder fails to deliver fully executed copies of the Contract(s) and to submit all required documentation, including, without limitation, all bonds and Invitation for Bid (IFB) Package 5 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

18 evidence of insurance within ten (10) business days of the date of issuance of the Notice of Award, the City may award the Contract to the next lowest responsible Bidder, if any, in accordance with all applicable laws. Subject to applicable laws, the City shall be entitled to retain the Bid Security Bond of the lowest responsible Bidder in the event that the lowest responsible Bidder fails to timely execute the Contract or submit the required bonds and evidence of insurance as required herein PAYMENT OF RETENTION INTO ESCROW ACCOUNT The Contractor may substitute investment securities for any moneys withheld as retention by the City. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, who will then pay those moneys to the Contractor. Alternatively, the Contractor may request and the City shall pay retention earned directly to the escrow agent at the Contractor's expense. Upon the satisfactory completion of the construction contract, the Contractor shall receive the securities and interest earned on the investments. The escrow agreement shall take the form specified by Public Contract Code Section 22300(e). Licensed persons with whom retention of funds are deposited may act as escrow agents at the sole discretion of the City TIME OF COMPLETION The time of completion for the Project is eighteen (18) working days with ten (10) working days for the mobilization element and eight (8) working days for the construction element. Detailed information regarding Contract time and other limitations on construction is contained in Part 6, Special Provisions for Airport Construction and the Construction Safety and Phasing Plan included as Appendix 1 in Part CONTRACTOR S LICENSE REQUIREMENTS Subject to verification of good standing, Bidder shall submit a copy of its current contractor s license as issued by the State of California under Chapter 9 of Division III of the California Business and Professions Code (Sections 7000 et seq). A copy of the license and any specialty license required as specified in the Summary of Bid shall be attached to a complete copy of the Bidder s Questionnaire of this IFB PERFORMANCE, PAYMENT (LABOR AND MATERIALS) SURETY BONDS Within ten (10) business days of issuance of the Notice of Award, the selected Bidder shall furnish City a Performance Surety Bond, and Payment (Labor and Materials) Surety Bond. Both bonds shall be in the amount of 100% of the Contract Sum, and in accordance with requirements contained in the General Conditions of this IFB LIQUIDATED DAMAGES Liquidated damages may be assessed for Unexcused Delay, as set forth in Part 6, Miscellaneous Provisions for Airport Construction, of the Project Specifications CERTIFICATION OF NONDISCRIMINATION By submitting a Bid, the Bidder certifies that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local laws, regulations, rules, directives and executive orders regarding nondiscrimination in employment SUBCONTRACTOR DISQUALIFICATION Any Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections or is prohibited from performing work on this Project. Invitation for Bid (IFB) Package 6 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

19 18.0 INSURANCE REQUIREMENTS The Bidder awarded the Contract must, for the term of the Contract obtain and maintain insurance with the coverage specified in Article 11 of the General Conditions, or as modified in the Special Provisions, provided by companies with AM Best s key rating of A :VII, or higher, which are licensed or authorized to transact insurance business in the state of California. / / Invitation for Bid (IFB) Package 7 Rev. January 2014 PART 2 INSTRUCTIONS TO BIDDERS

20 BID FORM, BIDDER S DOCUMENTS AND PROPOSAL FORMS Invitation for Bid (IFB) Package 8 Rev. January 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

21 BID FORM City Council/City Manager City of Palo Alto Palo Alto, California Name of Company In response to this Invitation For Bids (IFB), the undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any other person, firm or corporation; that the Bidder has carefully examined the location of the proposed work and the plans and specifications herein referred to; and that the Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Palo Alto (City), to provide all necessary materials, equipment, tools, apparatus, and other means of transport services, and to do all the Work and comply with all the specified requirements in this IFB, in the manner herein prescribed and for the prices stated in the following Bid: Project Title: PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS A: Base Bid: Provide all labor, equipment material, transportation and applicable taxes, profit, insurance, bonds and other overhead to perform the Work in accordance with the Project Plans and Technical Specifications, herein: Invitation for Bid (IFB) Package 9 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

22 BID SCHEDULE PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS, FAA AIP ITEM NO. ITEM DESCRIPTION UNIT QTY Figures UNIT PRICE in Writing (dollars & cents) TOTAL Price (Figures) Airfield Safety & Traffic Control LS 1 Mobilization LS 1 Surface Preparation and 60% Paint Removal SY 45,700 95% Paint Removal SY 4,500 Microsurfacing SY 45,700 Crack Sealing LF 1,500 Pavement Repair and Asphalt Patch Preparation LS 1 Tie Down Demolition EA 36 Hot Mix Asphalt TON 275 Pavement Marking White SF 9,200 Pavement Marking Yellow SF 8,500 Pavement Marking Black SF 14,000 "No Vehicle" Pavement Markings EA 4 TOTAL BID (Items 1 13) IN WRITING: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL BID (Items 1 13) IN FIGURES $ Invitation for Bid (IFB) Package 10 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

23 D. Addenda During the Bid process there may be changes to the Contract Documents, which would require an issuance of an addendum or addenda. City disclaims any and all liability for loss, or damage to any Bidder who does not receive any addendum issued by City in connection with this IFB. Any Bidder in submitting a Bid is deemed to waive any and all claims and demands Bidder may have against City on account of the failure of delivery of any such addendum to Bidder. Any and all addenda issued by City shall be deemed included in this IFB, and the provisions and instructions therein contained shall be incorporated to any Bid submitted by Bidder. To assure that all Bidders have received each addendum, the following acknowledgment and sign off is required. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Bid: Addendum: Date Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 #04 #08 Or, No Addendum/Addenda Were Received (check and initial). E. The Bidder represents that it has not retained a person to solicit or secure a City contract (upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee) except for retention of bona fide employee or bona fide established commercial selling agencies for the purpose of securing business. F. Bidder's Representations and Warranties. The Bidder represents and warrants: 1. That any information submitted by the Bidder prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; 2. That the Bidder has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of the Bidder's Bid, except as may be permitted by this Invitation for Bids; 3. That the Bidder has the power and authority to enter into this Contract with the City, that the individual(s) executing this Contract are duly authorized to do so by appropriate resolution (if applicable), and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind the Bidder; 4. That the Bidder has not attempted to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly participated in the decision to award the Contract to the Bidder; 5. That the Bidder has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of the Bidder by the City during the term of this Contract; 6. That the Bidder and all its subcontractors performing work on this Project are duly licensed as a contractor with the State of California as required by California Business & Professions Code Section 7028, as amended; 7. That the Bidder has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site; and, 8. That there are no claims or disputes between the Bidder and the City which would materially affect the Bidder's ability to perform under the Contract. G. Bidder s Designated Contact Person Invitation for Bid (IFB) Package 11 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

24 Name: Title: Phone: Fax: By submitting a Bid, the Bidder acknowledges that it has received the Instructions to Bidders and agrees to its terms and to the terms of all other Contract Documents. Firm: Signature*: Name: * The signatory represents and warrants that he or she has the legal capacity and authority to bind the Bidder. Invitation for Bid (IFB) Package 12 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

25 SUBCONTRACTOR LISTING A. Reference Section 4100, et seq., of the Public Contract Code: identify the name, and business address, and California contractor license number of each Subcontractor performing work (under this IFB) that has a value in excess of one half of one percent of the Bidder s total Bid price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. Also identify the portion of the Work that will be performed by such Subcontractor. After opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one Subcontractor for each item of work to be performed with the words and/or will not be permitted. Failure to comply with this requirement may render the Bid as non responsive and may cause its rejection. List all such Subcontractors below, or on additional sheets, as required. Or, Subcontractors will not perform work, provide labor, or render services in or about the work covered by this IFB (check and initial). 1. NAME/BUSINESS ADDRESS CONTACT/TELEPHONE CALIFORNIA CONTRACTOR LICENSE NUMBER PORTION OF WORK Invitation for Bid (IFB) Package 13 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

26 (INCLUDE ADDITIONAL PAGES IF NECESSARY) Invitation for Bid (IFB) Package 14 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

27 BIDDER'S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EEO CLAUSE (REFERENCE 41 CFR , EXECUTIVE ORDER 11246) Each bidder, prospective prime contractor, and proposed subcontractor must complete the following form: The Bidder (Proposer) shall complete the following statement by checking the appropriate boxes. The Bidder (Proposer) has has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order The Bidder (Proposer) has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Bidder (Proposer) has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, "Employee Information Report EEO 1", prior to the award of contract. Date Signature and Title Invitation for Bid (IFB) Package 15 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

28 CERTIFICATION OF NONSEGREGATED FACILITIES CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS OF APPLICANTS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE). The federally assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. Date Signature and Title IRS Employer Identification Number Invitation for Bid (IFB) Package 16 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

29 CERTIFICATION OF BIDDER REGARDING AFFIRMATIVE ACTION PROGRAM (REFERENCE: 41 CFR PART 60 4, EXECUTIVE ORDER 11246) The bidder hereby certifies that he is in compliance with the Civil Rights Act of 1964, Executive Order No , Employment Practices Act, and any other applicable Federal and State laws and regulations relating to equal opportunity employment. Bidder's Name: Address: Name and Title of Signer: Date Signature NOTE: The contractor to whom the Contract is awarded shall submit a statement each month certifying that he is in conformance with the Affirmative Action Program. Invitation for Bid (IFB) Package 17 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of 3 % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of 3 %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Right Staff of the Federal Aviation Administration. Name of bidder/offeror s firm: State Registration No.: By: Title: LIST OF DBE SUBCONTRACTORS CONTRACT AMOUNT 1. $ Name Phone 2. $ Name Phone 4. $ Name Phone 5. $ Name Phone 6. $ Name Phone 7. $ Name Phone Invitation for Bid (IFB) Package 19 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

31 DBE LETTER OF INTENT Name of bidder/offeror s firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/offeror is committed to utilizing the above named DBE firm for the work described above. The estimated dollar value of this work is $. AFFIRMATION The above named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor within 10 days of request.) Invitation for Bid (IFB) Package 19 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

32 CERTIFICATION REGARDING FOREIGN TRADE RESTRICTIONS The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section Date Signature Invitation for Bid (IFB) Package 20 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

33 PROJECT NAME: AIRPORT NAME: AIP NUMBER: Buy America Certification (Title 49 U.S.C. Section 50101) This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Title 49 U.S.C. Section as follows: U.S.C. Section Buying goods produced in the United States (a) Preference. The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States. (b) Waiver. The Secretary may waive subsection (a) of this section if the Secretary finds that (1) Applying subsection (a) would be inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title A. The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and B. Final assembly of the facility or equipment has occurred in the United States; or (4) Including domestic material will increase the cost of the overall project by more than 25 percent. (c) Labor Costs. In this section, labor costs involved in final assembly are not included in calculating the cost of components. (d) As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid proposal. The bidder must sign and date the certification. The bidder/offeror must indicate how they propose to comply with the Buy America provision by selecting one of the following certification statements. The bidder hereby certifies that it will comply with Title 49 U.S.C Section 50101(a) by only installing steel and manufactured products produced in the United States of America. The bidder further agrees that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all steel and manufactured products are 100% manufactured in the United States. The bidder hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.C Section 50101(a); the bidder therefore requests a waiver per Title 49 U.S.C Section 50101(b). The bidder further agrees that upon notification from the Owner, the bidder identified with the apparent low bid agrees to prepare and submit a waiver request and component calculation information to the owner within calendar days of the date of the notice of apparent low bid. Bidder s Firm Name Date Signature Invitation for Bid (IFB) Package 21 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

34 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF ) COUNTY OF ) ss, being first duly sworn, deposes and says that he or she is of, the party making the forgoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or a sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Firm: Authorized Signature*: Name: (Print or type name) * Signature Must Be Same Signature as Appears on Bid Form. STATE OF ) COUNTY OF ) CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code 1189) On, before me,, a notary public in and for said County, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Invitation for Bid (IFB) Package 22 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

35 NON LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS 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. 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. Invitation for Bid (IFB) Package 23 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

36 SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER $25, CFR PART 29 By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 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: 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. Signature (Name of Bidder) Date (Name and Title of Signing Official) Business Address Invitation for Bid (IFB) Package 24 Rev. May 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

37 PUBLIC CONTRACT CODE SECTION STATEMENT In accordance with Public Contract Code Section (Chapter 376, Stats.1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has has not been convicted within the preceding three years of any offenses referred to in that section including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "Bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section Note: The Bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes If the answer is yes, explain the circumstances in the following space. No PUBLIC CONTRACT SECTION STATEMENT In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Invitation for Bid (IFB) Package 25 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

38 STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION I, the official named below, herby swear that I am duly authorized to legally bind the prospective contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING TITLE DATE EXECUTED TELEPHONE NUMBER (Include Area Code) CONTRACTOR/BIDDER FIRM S MAILING ADDRESS The contractor or grant recipient named above hereby certifies with Government Code Section 8355 in matters relating to providing a drug free workplace. The above named contractor or grant recipient will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug Free Awareness Program as required by Government Code 8355(b), to inform employees about all of the following: (a) The Dangers of drug abuse in the workplace, (b) The person s or organization s policy in maintaining a drug free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code 8355(c), that everyone who works on the proposed contract or grant: (a) Will receive a copy of the company s drug free policy statement, and (b) Will agree to abide by the terms of the company s statement as a condition of employment on the contract or grant. 4. At the election of the contractor or grantee, from and after the Date Executed and until (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) or TDD (916) or write Records and Forms Invitation for Bid (IFB) Package 26 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

39 BANNING TEXTING WHILE DRIVING CERTIFICATION In accordance with Executive Order 13513, Federal Leadership on Reducing Text Message While Driving, October 1, 2009, and DOT Order , Text Messaging While Driving, December 30, 2009, Contractor shall: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal Government, including working relating to a grant or sub grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Invitation for Bid (IFB) Package 27 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

40 VETERAN S PREFERENCE (REFERENCE: 49 USC 47112(C)) Contractor certifies that he has read and will comply with the following: In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Date Signature Invitation for Bid (IFB) Package 28 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

41 BID BOND CONTRACTOR: (Insert name, legal status, and complete business address (principal place of business). SURETY: (Insert name, legal status, and complete business address (principal place of business). Surety warrants that it is a duly admitted surety insurer under the laws of the State of California. OWNER: City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA BOND AMOUNT: (Insert the amount of this Bid Bond in numbers and words) $ Dollars and Cents PROJECT: The Bond Amount set forth above shall be the penal sum ( penalty amount ) of FIVE PERCENT (5%) of the maximum amount of the Bid Proposal submitted by Contractor to Owner, inclusive of additive and/or alternate bid items, if any, and be paid in lawful money of the United States of America. Contactor has submitted the accompanying Bid Proposal to Owner for the Project described below. The Bid Proposal must be accompanied by Bid Security. PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS Contractor has purchased this Bid Bond from Surety as a guarantee to Owner that Contractor will honor its bid and execute all contract documents if awarded the contract by Owner. Contractor and Surety are bound to Owner in the amount set forth above (the Bond Amount). Under the provisions and conditions of this Bid Bond, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, for the payment of the Bond Amount. The conditions of this Bid Bond are such that if within ten (10) days of issuance of the Notice of Award, or within such time period as may be agreed to by Owner and Contractor, and Contractor either: 1) enters into a contract with Owner in accordance with the terms of its Bid and gives such bond(s) as may be specified the Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract; or 2) fails to do so and pays to Owner the difference, not to exceed the amount of this Bid Bond, between the amount specified in said bid and such larger amount for which Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise this obligation shall remain in full force and effect. Surety herby waives any notice of an agreement between Owner and Contractor to extend the time in which Owner may accept the bid. Waiver of such notice by Surety shall not apply to any time extensions which exceed sixty (60) calendar days after award of contract as specified in the Contract Documents. Owner and Contractor shall obtain Surety s consent for any time extension beyond sixty (60) days. For value received, Surety stipulates and agrees that no change, alteration or addition to the terms of the Contract or the Invitation for Bid, the Work to be performed thereunder, the Drawings or the Specifications accompanying the same, or any other portion of the Contract Documents shall in any way affect its obligations under this Bond. Surety hereby waives notice of any such change, alteration or addition to the terms of said Contract, the Invitation for Bid, the Work, the Drawings or the Specifications, or any other portion of the Contract Documents. Invitation for Bid (IFB) Package 29 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

42 If this Bid Bond is issued in connection with a subcontractor s bid to Contractor, the term Contractor which is included in this Bid Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bid Bond has been furnished to comply with statutory or other legal requirement(s) in the location of the Project, any provision in this Bid Bond which conflicts with said statutory or legal requirement shall be deemed deleted from this Bid Bond and the provisions conforming to such statutory or other legal requirement(s) shall be deemed incorporated herein by reference. When so furnished, the intent is that this Bid Bond shall be construed as a statutory bond, and not as a common law bond. In the event that suit or other proceeding is brought upon this Bond by Owner, Surety shall pay to Owner all costs, expenses and fees incurred by Owner in connection such action, including without limitation, attorneys fees. Surety hereby waives the provisions of California Civil Code Section The Contractor and Surety have executed this Bid Bond on this day of, 20 by their duly authorized agents or representatives. (Corporate Seal) Contractor Name By: Typed or Printed Name of Signatory Its Title of Signatory (Corporate Seal) Surety Name By: Signature of Attorney in Fact for Surety (Attach Attorney in Fact Certificate) Typed or Printed Name ( ) Area Code and Telephone Number of Surety Invitation for Bid (IFB) Package 30 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

43 SAMPLE FORMS CONTRACTOR S PERFORMANCE SURETY BOND CONTRACTOR S PAYMENT SURETY BOND CONSTRUCTION CONTRACT Invitation for Bid (IFB) Package 31 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

44 CONTRACTOR S PERFORMANCE SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California ( City ) and, ( Principal ) have entered into an agreement dated, and identified as, which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and, as Surety, incorporated under the Laws of the State of, and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and The City is the principal beneficiary of this bond and has all rights of a party hereto. / / / / / / Invitation for Bid (IFB) Package 32 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

45 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on, 20. Name of Surety Phone Number: Signature of Surety By: Typed or Printed Name Name of Contractor/Principal Signature of Contractor/Principal By: Typed or Printed Name Its: Its: Title Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code 1189) STATE OF ) COUNTY OF ) On, before me,, a notary public in and for said County, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Invitation for Bid (IFB) Package 33 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

46 CONTRACTOR S PAYMENT (LABOR AND MATERIALS) SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California ( City ) and, ( Principal ), have entered into an agreement dated, and identified as ( Agreement ), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and, as Surety, incorporated under the laws of the State of, and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney s fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and Invitation for Bid (IFB) Package 34 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

47 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on, 20. Name of Surety Signature of Surety By: Phone Number: Its: Typed or Printed Name Name of Contractor/Principal Title Signature of Contractor/Principal By: Typed or Printed Name Its: Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code 1189) STATE OF ) COUNTY OF ) On, before me,, a notary public in and for said County, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Invitation for Bid (IFB) Package 35 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

48 BIDDER S QUESTIONNAIRE PROVIDE THE INFORMATION REQUESTED BELOW OR INDICATE NOT APPLICABLE, IF APPROPRIATE NAME OF BIDDER (COMPANY) ADDRESS Website: Phone Number: Fax Number: A. Bidder is a: California Corporation Corporation organized under the laws of the State of. with head offices located at. and offices in California at.. Limited Liability Company List names of general partners; state which partner or partners are managing partner(s). Sole Proprietorship Partnership Limited Liability Partnership List names of general partners; state which partner or partners are managing partner(s). Other (attach Addendum with explanatory details) Invitation for Bid (IFB) Package 36 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

49 B. How many years have you (or your company) done business under the name listed above? C. How many years of experience similar to work or services covered in this IFB? D. Have you (or your company) previously worked for the City of Palo Alto? Yes, or No (if Yes, list above, or if necessary, provide information on additional sheets). E. If applicable, provide a list of the plant(s), and/or facilities, and equipment owned by the Bidder which are available for use in connection with the proposed work as may be required herein. QUANTITY NAME/TYPE/MODEL, CAPACITY, ETC. CONDITION LOCATION (INCLUDE ADDITIONAL PAGES IF NECESSARY) F. Provide a list of the Bidder s management staff who will manage the proposed work or services. NAME FIELD OF EXPERTISE/CAPABILITIES/EXPERIENCE (INCLUDE ADDITIONAL PAGES IF NECESSARY) G. Provide relevant references of similar projects satisfactorily completed in the last three (3) years: CUSTOMER COMPANY CONTACT/PHONE NUMBER DATE COMPLE TED CONTRACT AMOUNT Invitation for Bid (IFB) Package 37 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

50 H. California Contractor s License Number: Classification: Expiration Date: I. The undersigned certifies under penalty of perjury under the laws of the State of California that all of the answers to the above questions are true and correct. Firm: Signature*: Name: * The signatory represents and warrants that is has the legal capacity and authority to bind the party submitting the Bid. Invitation for Bid (IFB) Package 38 Rev. June 2014 PART 3 BID FORM AND BIDDER S DOCUMENTS

51 CONSTRUCTION CONTRACT Contract No. City of Palo Alto PALO ALTO AIRPORT PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS Invitation for Bid (IFB) Package 39 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

52 CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on ( Execution Date ) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a duly organized and in good standing in the State of, Contractor s License Number. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On, City issued an Invitation for Bids (IFB) to contractors for the ( Project ). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the PAVEMENT REHABILITATION OF RUNWAY AND TAXIWAYS PROJECT, located on the Palo Alto Airport, Palo Alto, CA. Invitation for Bid (IFB) Package 40 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

53 SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as Agreement or Bid Documents ) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Required Federal Provisions and the FAA General Provisions 4) City of Palo Alto General Conditions and Special Provisions for Airport Construction 5) Contract 6) Bidding Addenda 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non Collusion Affidavit 12) Reports listed in the Contract Documents 13) Public Works Department s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre Qualification Statements, Pre Qualification Statement, and Pre Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, Invitation for Bid (IFB) Package 41 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

54 the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. SECTION 4 CONTRACTOR S DUTY. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City s Notice to Proceed and shall be completed not later than 18 working days. within 90 calendar days after the commencement date specified in City s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. Invitation for Bid (IFB) Package 42 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

55 6.4 Liquidated Damages. Pursuant to Government Code Section , if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of dollars ($ ) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City s right to assess liquidated damages Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City s Losses are caused by any reason other than Contractor s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Dollars ($ ). [This amount includes the Base Bid and Additive Alternates.] 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. Contractor agrees that the Work shall be performed by qualified, experienced and well supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Invitation for Bid (IFB) Package 43 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

56 SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an Indemnitee and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, Liability ) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section , Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. SECTION 12 PROHIBITION AGAINST TRANSFERS. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. Invitation for Bid (IFB) Package 44 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

57 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail Notice Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: Copy to: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box Palo Alto, CA City of Palo Alto Public Works Airport Division 250 Hamilton Avenue Palo Alto, CA Attn: Andrew Swanson AND City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA Attn: Invitation for Bid (IFB) Package 45 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

58 In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney s Office 250 Hamilton Avenue P.O. Box Palo Alto, California All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor s performance bond surety Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 15 CITY'S RIGHTS AND REMEDIES Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: Invitation for Bid (IFB) Package 46 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

59 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond Additional Provisions. All of City s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City s authority to designate other breaches as material nor limit City s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following Invitation for Bid (IFB) Package 47 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

60 termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work Damages to City For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor s default under the Contract Documents Compensation for Losses. In the event that City's Losses arise from Contractor s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City Suspension by City Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor s failure to comply with the Contract Documents. City s right to suspend the Work shall not give rise to a duty to suspend the Work, and City s failure to suspend the Work shall not constitute a defense to Contractor s failure to comply with the requirements of the Contract Documents Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. Invitation for Bid (IFB) Package 48 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

61 Compensation. Following such termination and within forty five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph , City shall pay the following to Contractor as Contractor s sole compensation for performance of the Work :.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor..2 For Close out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination..3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work..4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section Contractor s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not (v) elect to accept by assignment; and Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as built Invitation for Bid (IFB) Package 49 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

62 drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES Contractor s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City s issuance of a suspension notice issued either for cause or for convenience For City's Non Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor s intention to terminate the Construction Contract Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Invitation for Bid (IFB) Package 50 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

63 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 22 GOVERNING LAW AND VENUE. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. Invitation for Bid (IFB) Package 51 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

64 SECTION 23 COMPLETE AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City s right to audit Contractor s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing wages in the performance and implementation of the Project, because the City, pursuant to its authority as a chartered city, has adopted Resolution No exempting the City from prevailing wages. The City invokes the exemption from the state prevailing wage requirement for this Project and declares that the Project is funded one hundred percent (100%) by the City of Palo Alto. This Project remains subject to all other applicable provisions of the California Labor Code and regulations promulgated thereunder. Or The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section et seq. and Section of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations. Copies of these rates may be obtained at the Purchasing Office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, , 1810, and 1813 of the Labor Code. All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California's Director of the Department of Industrial Relations (State Wage Rates), in accordance with the provisions of these Specifications. The most current prevailing wage rates available at the time of bid opening shall be used. SECTION 26 NON APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. Invitation for Bid (IFB) Package 52 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

65 SECTION 27 AUTHORITY. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS COMPENSATION CERTIFICATION. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract. Invitation for Bid (IFB) Package 53 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

66 executed the IN WITNESS WHEREOF, the parties have caused this Construction Contract to be date and year first above written. CITY OF PALO ALTO Purchasing Manager City Manager APPROVED AS TO FORM: Senior Asst. City Attorney CONTRACTOR By: Name: Title: Date: APPROVED: Public Works Director Invitation for Bid (IFB) Package 54 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

67 ARTICLE 11 INSURANCE AND BONDS Contractors to the City, at their sole expense, shall for the term of the Contract obtain and maintain insurance in the amounts for the coverage specified below, or as modified by the Special Provisions (if applicable), afforded by companies with AM Best s Key Rating of A :Vii, or higher, licensed or authorized to transact insurance business in the State of California. REQUIRED TYPE OF COVERAGE REQUIREMENT YES YES YES WORKER S COMPENSATION EMPLOYER S LIABILITY GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. EACH OCCURRENCE MINIMUM LIMITS $1,000,000 $1,000,000 $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 YES YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON OWNED BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE $1,000,000 $1,000,000 $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY DAMAGE, $1,000,000 COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS COMPENSATION, EMPLOYER S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY S PRIOR APPROVAL. II. III. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS A. PRIMARY COVERAGE Invitation for Bid (IFB) Package 59 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

68 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX PALO ALTO, CA Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days following issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf Subcontractors: Contractor shall include all Subcontractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein At the request of City, Contractor shall submit to City copies of the policies obtained by Contractor. In the event Contractor does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by Contractor and may be deducted from the Contract Sum The requirements of this Section may only be modified in writing by the City s Risk Manager. Invitation for Bid (IFB) Package 60 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

69 11.2 BOND REQUIREMENTS Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City good and sufficient Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be in substantially the same form as contained in this IFB Packet or such other form as required by City and shall be signed by both Contractor and Surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of this Section No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with the requirements of this Section The Payment Bond shall remain in effect at least until the time for filing a claim on a stop notice has expired pursuant to the California Civil Code. The Performance Bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all Contractor s obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination, such as, but not limited to Contractor s warranty and indemnity obligations Contractor shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted surety that meets the requirements of Code of Civil Procedure Section The premiums for all Bonds are included in the Contract Sum and shall be paid by Contractor The bonds shall name City as obligee Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties City and the Construction Manager shall have the right to communicate with Contractor s sureties with respect to matters that are related to Contractor s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Contract Sum may be required by City. Invitation for Bid (IFB) Package 61 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

70 ARTICLE 12 DEFECTIVE WORK 12.1 UNCOVERING OF WORK If a portion of the Work is covered contrary to Engineer s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at Contractor's expense without adjustment of the Contract Time or the Contract Sum If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD In addition to any specific warranty mentioned in these Contract Documents, the Contractor shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agrees to replace at no expense to the City any and all defective Work or materials which become evident within one (1) year ( Guarantee To Repair Period ), unless a longer period of time is specified in the Special Provisions and Technical Specifications, commencing as follows: (i) (ii) (iii) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion. For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Section 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy. For all Work other than (I) or (ii) above, from the date of filing of notice of completion pursuant to Section 9.8 above Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and (ii) replace, repair, or restore to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or City's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual Invitation for Bid (IFB) Package 62 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

71 abuse or neglect are excepted from this guarantee. Contractor shall notify City upon completion of repairs If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by City, City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Construction Contract. Contractor shall replace, repair or restore to City's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work Contractor shall promptly remove from the Site those portions of the Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City If Contractor fails to commence correction of Defective Work within seven (7) Days as required in Section after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Section 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor's expense If Contractor fails to pay the costs of such removal and storage as required by Paragraphs and within seven (7) Days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City Contractor's obligations under this Article are in addition to and not in limitation of its warranty under Section 3.5 or any other obligation of Contractor under the Contract Documents. Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor's liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents. Invitation for Bid (IFB) Package 63 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

72 12.3 ACCEPTANCE OF DEFECTIVE WORK Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency. ARTICLE 13 STATUTORY REQUIREMENT 13.1 STATE LABOR LAW Contractor, its agents, and employees shall be bound by and comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work. If prevailing wages are required for this Project, copies of the prevailing rate of per diem wages may be obtained at the Purchasing Office of the City of Palo Alto WORK DAY Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, unless overtime is paid pursuant to Labor Code Section 1861 or except as otherwise permitted by law. Contractor shall forfeit to City, as a penalty, twenty five dollars ($25.00) for each worker employed in the execution of this Construction Contract by Contractor, or any Subcontractor, for each Day during which such worker is required or permitted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this Paragraph or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California. Invitation for Bid (IFB) Package 64 Rev. January 2014 PART 4 CONSTRUCTION CONTRACT

73 FIELD ORDER CITY OF PALO ALTO DEPARTMENTT OF PUBLIC WORKS Project This Field Order, issued pursuant to Article 7 of the Contract General Conditions directs and authorizes Contractor to proceed with the Work described below. Upon receipt of thiss Field Order, Contractor shall, within a reasonable time, proceed with the Work described in the Field Order. Unlesss otherwise stated below, this Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of this Field Order by submitting a Change Order Request within ten (10) Days following issuance of this Field Order. Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of this Field Order shall be deemed full acceptance of and agreement to all of the terms herein, and a release and waiver of any right to subsequently dispute any or all of the terms of this Field Order. Project Number: Field Order Number: XXX Contract Number: Issuance Date: / / Contractor's Name: Prepared by: 1. Description of Work: Title: Ref: City has determinedd that the above Work: is Extra Work is not Extra Work City has determinedd that Contractor is: not entitled to an extension of time entitled to an extension of days Basis of Extra Work Cost: Unit Cost* Lump Sum: Time and Materials* Other* *The Contract Sum will be [increased][decreased] by an amount not to exceed: $ 2. Contractor shall sign and return to City for City approval signatures. Contractor Approval: Title: Project Manager Date: 4. Division Head signature required for Field Orders exceeding $15, Consultant shall sign prior to Contractor and return to City. Indicate N/AA if not applicable. Consultant Approval: Title: Senior Project Manager Date: 3. Signature required on all Field Orders. City Approval: Title: Project Manager Date: 5. Department Head signature required for Field Orders exceeding $25,000. City Approval: Title: Assistant Director of Public Works Date: Distribution: [] Contractor [] Consultant [] Division Head [] Project Manager City Approval Title: Director of Public Works Date: [] File [] Inspector Invitation for Bid (IFB) Package PART 5 GENERAL CONDITIONS 55 Rev. January 2014

74 CHANGE ORDER REQUEST CITY OF PALO ALTO DEPARTMENTT OF PUBLIC WORKS Contract Change Orderr Request Project Title: Contract Number: Contractor: Project No.: Date: Change Order Request No.: Description of Change Order Request Reason for Change Order Request: (Attach additional sheets as needed) Description of Work to be Performed: Requested Change to Contractt Sum: No cost change: N/A Request for Extension of Contract Tim No Change to Contract Time e (check one): Increase cost by Decrease cost by $ $ Time Extension Requested for days* o days Excusable Delay o days Compensable Delay Decrease time by _ days * Include all information and documentation required by Section 8.5 of the Contract General Conditions Basis for requested change in cost: Reference Documents:* Unit pricing Lump sum: $ Time and Materials not to exceed: * $ Compensable Delay Costs: $ Other: * Final value shall not exceed amount shown without RFI: ASI: Field Order: Specifications: Plans: Other: (specify): Invitation for Bid (IFB) Package PART 5 GENERAL CONDITIONS 56 Rev. January 2014

75 additional written CO authorization. Complete Time and Materials Breakdown on following page * Provide specific number/section/sheet references as applicable Line Time and Materials Breakdown (Reference Section 7.2 of General Conditions for Allowable Costs and markup) Added Credit All lines shall be filled in (zero values acceptable) CONTRACTOR S WORK friendly 1. Material (attach itemized quantity and unit cost) 2. Labor (attached itemized hours and rates) 3. Equipment (attach invoices) 4. Royalties and Permits 5. Additional insurance and bond costs, not to exceed two percent (2%) of lines Subtotal 7. Contractor s markup on work performed by Contactor s forces, not to exceed ten percent (10%) of line 6 8. Subtotal for Contractor s Work (sum of lines 6 and 7) SUBCONTRACTED WORK (Provide separate breakdown for each subcontract) 9. Material (attach itemized quantity and unit cost) 10. Labor (attach itemized hours and rates) 11. Equipment (attach invoices) 12. Royalties and Permits 13. Additional insurance and bond costs, not to exceed two percent (2%) of lines Subtotal 15. Subcontractor s markup on work performed by Subcontractor s forces, not to exceed ten percent (10%) of line Subtotal 17. General Contractor s Subcontractor Markup, not to exceed fifteen percent (15%) of line Subtotal for Subcontracted Work (sum of lines 14 and 16) 19. TOTAL (sum of lines 8 and 18) Invitation for Bid (IFB) Package 57 Rev. January 2014 PART 5 GENERAL CONDITIONS

76 Contract Change Order Request continued CONTRACTOR CERTIFICATION: By signing below, the undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order Request are true and correct. Contractor warrants that this Change Order Request is comprehensive and complete with respect to the Change in the Work described herein, and agrees that any costs, expenses, or time extension request, including, but not limited to, compensation for delay, lost productivity, inefficiency, or disruption, which is not included with this Change Order Request, shall be deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code Sections et seq. Submitted by Contractor: Signature By: Title: Date: Design Consultant Recommendation By: Title: Date: Recommendation: Construction Manager Recommendation By: Title: Date: Recommendation: City Approval Division Head Signature required on all Change Order Requests By: Title: Date: Brad Eggleston Assistant Director, Public Works Engineering Invitation for Bid (IFB) Package 58 Rev. January 2014 PART 5 GENERAL CONDITIONS

77 City Approval Department Head Signature required when any individual Change Order Request exceeds $10,000. By: Title: Date: Mike Sartor Director of Public Works Invitation for Bid (IFB) Package 59 Rev. January 2014 PART 5 GENERAL CONDITIONS

78 CONTRACT CHANGE ORDER CITY OF PALO ALTO DEPARTMENT: PUBLIC WORKS ENGINEERING Project Contract Change Order # Project Title: Contract Number: Contractor: Project No.: Date: Change Order: Description of Change Order Background Information: I Change Order Justification: Description of Work to be Performed: Incorporates Field Order Number(s): Cost This Change Order will: Time This Change Order will: No cost change N/A Not change time Increase cost by $ Decrease cost by $ 0.00 N/A o o Increase time by days days Excusable Delay days Compensable Delay G/L account number (s): Decrease time by days The date off completion as off this Change Order is Basis for change in cost: Unit price(s) Lump sum Time and Materials Compensation for Compensable Delay Other: Invitation for Bid (IFB) Package PART 5 GENERAL CONDITIONS 60 Rev. January 2014

79 Contract Change Order continued CONTRACTOR CERTIFICATION: By signing below, Contractor agrees that this Change Order constitutes full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by this Change Order, as more fully set forth in Article 7 of the Contract General Conditions. FAILURE TO EXECUTE: If Contractor fails to promptly execute this Change Order after it has been submitted for Contractor s signature, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract General Conditions. Contractor may dispute the terms of a unilaterally approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14 day period, with respect to all or part of the unilaterally approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above. Accepted for Contractor: By: Accepted for City of Palo Alto: By: Title: Title: Public Works Engineering Sr. Project Manager Date: Date: Scope of Work PCO No. ASI FO COR CO Description Amount Reason for Change Total for this Change Order $ 0.00 Invitation for Bid (IFB) Package 61 Rev. January 2014 PART 5 GENERAL CONDITIONS

80 CITY OF PALO ALTO GENERAL CONDITIONS (FAA Provisions take precedence over City Provisions) Invitation for Bid (IFB) Package 62 Rev. January 2014 PART 5 GENERAL CONDITIONS

81 GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE 1 PRELIMINARY PROVISIONS DEFINITIONS OWNERSHIP AND USE OF DOCUMENTS INTERPRETATION OF CONTRACT DOCUMENTS ARTICLE 2 CITY S RIGHTS AND OBLIGATIONS INFORMATION AND SERVICES PROVIDED BY CITY ACCESS TO PROJECT SITE CITY'S RIGHT TO STOP THE WORK CITY S RIGHT TO CARRY OUT THE WORK ACCESS TO MUNICIPAL SERVICES CENTER EMERGENCY TERMINATION OF CONTRACT ARTICLE 3 CONTRACTOR S RIGHTS AND OBLIGATIONS REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS SUPERVISION AND CONSTRUCTION PROCEDURES RESPONSIBILITY FOR THE WORK LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS CONTRACTOR'S WARRANTY CONSTRUCTION METHODS AND PROCEDURES TAXES LEGAL REQUIREMENTS PROJECT STAFF SCHEDULES REQUIRED OF CONTRACTOR DOCUMENTS AND SAMPLES AT PROJECT SITE SUBMITTALS TRADE NAMES, SUBSTITUTIONS DAILY REPORTS BY CONTRACTOR CUTTING AND PATCHING ACCESS TO THE WORK ROYALTIES AND PATENTS Invitation for Bid (IFB) Package 63 Rev. January 2014 PART 5 GENERAL CONDITIONS

82 3.18 PERMITS AND LICENSES DIFFERING SITE CONDITIONS INSPECTIONS STOP NOTICES PARKING USE OF THE PROJECT SITE AND CLEAN UP ENVIRONMENTAL CONTROLS TEMPORARY WATER, LIGHT AND POWER CITY TRUCK ROUTE ORDINANCE UNFAIR BUSINESS PRACTICE CLAIMS EXISTING UTILITIES RESOLUTION OF CONTRACT DISPUTES...94 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND 6495 CONSTRUCTION MANAGER CLAIMS 96 ARTICLE 5 SUBCONTRACTORS CONTRACTOR'S AWARD OF SUBCONTRACTS SUBCONTRACTOR RELATIONS CONTINGENT ASSIGNMENT OF SUBCONTRACTS ARTICLE 6 CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS MUTUAL RESPONSIBILITY CITY S RIGHT TO CLEAN UP ARTICLE 7 CHANGES CHANGES CHANGE ORDERS AND CHANGE ORDER REQUESTS FIELD ORDERS DISPUTES REGARDING CHANGES Invitation for Bid (IFB) Package 64 Rev. January 2014 PART 5 GENERAL CONDITIONS

83 ARTICLE 8 CONTRACT TIME COMMENCEMENT OF THE WORK PROGRESS AND COMPLETION CONSTRUCTION HOURS HOLIDAYS DELAY ARTICLE 9 PAYMENTS AND COMPLETION SCHEDULE OF VALUES PROGRESS PAYMENT APPLICATION FOR PAYMENT CERTIFICATE FOR PAYMENT DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RENTENTION INTO ESCROW BENEFICIAL OCCUPANCY SUBSTANTIAL COMPLETION FINAL COMPLETION AND FINAL RETENTION ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY SAFETY PRECAUTIONS AND PROGRAMS SAFETY OF PERSONS AND PROPERTY EMERGENCIES ARTICLE 11 INSURANCE AND BONDS CONTRACTOR'S INSURANCE BOND REQUIREMENTS ARTICLE 12 DEFECTIVE WORK UNCOVERING OF WORK CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD ACCEPTANCE OF DEFECTIVE WORK ARTICLE 13 STATUTORY REQUIREMENT STATE LABOR LAW Invitation for Bid (IFB) Package 65 Rev. January 2014 PART 5 GENERAL CONDITIONS

84 13.2 WORKDAY 132 Invitation for Bid (IFB) Package 66 Rev. January 2014 PART 5 GENERAL CONDITIONS

85 ARTICLE 1 PRELIMINARY PROVISIONS 1.1 DEFINITIONS Terms appearing in the Contract Documents with initial capitalization shall have the meanings set forth below: ACCEPTANCE: The point after Final Completion when Contractor has fully performed all of the requirements of the Contract Documents and the Work is accepted by City in writing ADDENDA, ADDENDUM: Written or graphic information (including, without limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by City Engineer prior to the deadline for submission of Bids, which modify or interpret the Contract Documents by additions, deletions, clarifications or corrections ALLOWABLE COSTS: Actual and direct costs for performing Extra Work, including labor, materials, supplies, and equipment, as further specified herein, in Article 7 Changes ALLOWANCE: An amount included in the Bid for Work that may or may not be included in the Project, or for portions of Work where the amount or scope of the Work cannot be ascertained at the time of Bid submissions ALTERNATE(S): Those portions of the Bid setting forth the price(s) for optional or alternative items of Work not covered by the Base Bid APPLICABLE CODE REQUIREMENTS: All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Contractor or City APPLICATION FOR PAYMENT: An itemized application for payment prepared and submitted by Contractor for review and approval by City, which is prepared, submitted and accompanied by supporting documentation in accordance with the requirements of the Contract Documents APPROVE, APPROVED or APPROVAL: Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving authorized individual or deemed approved in accordance with the terms, conditions and procedures set forth in the Contract Documents. All such approvals by or on behalf of City (including, without limitation, approvals by Construction Manager) may be granted or withheld in the sole discretion of City AS BUILT DOCUMENTS: The Contract Documents showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents approved by City. These documents are maintained by Contractor on the Site and delivered, along with an electronic version of the set, to City upon Final Completion BASE BID: The sum stated in the Bid to perform the Work, exclusive of any Alternate(s) BENEFICIAL OCCUPANCY: City's right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance. Invitation for Bid (IFB) Package 67 Rev. June 2014 PART 5 GENERAL CONDITIONS

86 BID: A written bid proposal submitted to City for the Project in response to City s Invitation for Bids BIDDER: An individual or entity that submits a Bid CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of Contractor's Application for Payment CHANGE: Additions, deletions, or other modifications to the Work, which may or may not involve Extra Work and which may or may not involve an adjustment (increase or decrease) to the Contract Sum or the Contract Time under the terms of the Contract Documents CHANGE ORDER: A duly authorized written instrument signed by City, or by City and Contractor, which operates to amend the scope of Work, and which may also amend the Contract Sum or the Contract Time CHANGE ORDER REQUEST: Contractor's written request for a Change Order CITY: City of Palo Alto, a California chartered Municipal Corporation CITY ENGINEER: City Engineer of City of Palo Alto or its designee CLAIM: A separate written demand by Contractor for an extension of the Contract Time, and/or for payment of money or damages arising from Work done by, or on behalf of Contractor CLIENT DEPARTMENT: Department or Division of City of Palo Alto identified as the end user of the facilities CONSTRUCTION CONTRACT: The written contract executed between City and Contractor for construction of the Project COMPENSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to both an extension of the Contract Time and an adjustment of the Contract Sum for additional compensation CONSTRUCTION MANAGER: The City designated employee, project manager or an individual, partnership, corporation, joint venture or other legal entity under contract with City to perform construction management services for the Project. The term "Construction Manager" means Construction Manager or Construction Manager's authorized representative CONSTRUCTION SCHEDULE: The Approved graphical representation of Contractor s asplanned schedule for performance of the Work, and all Approved updates thereto, prepared in accordance with the requirements of the Contract Documents and that provides for Substantial Completion of the Work within the Contract Time CONTRACT DISPUTE: A dispute arising out of or related to the Construction Contract or the interpretation, enforcement or breach thereof, except as specified in Article 4 herein CONTRACT DISPUTE RESOLUTION PROCESS: The process of resolution of Contract Disputes, and, upon election of City, disputes as set forth in Article 4 of these General Conditions. Invitation for Bid (IFB) Package 68 Rev. June 2014 PART 5 GENERAL CONDITIONS

87 CONTRACT DOCUMENTS: This term shall be as defined in Section 3 of the Construction Contract CONTRACT SUM: The total amount of compensation stated in the Construction Contract that is payable to Contractor for the performance of the Work in accordance with the Contract Documents, including adjustments made by Change Order CONTRACT TIME: The total number of days set forth in the Construction Contract within which Substantial Completion of the Work must be achieved by Contractor, including any adjustments of time (increases or decreases) made by Change Order CONTRACTOR: The individual or firm under contract with City to serve as the General Contractor for construction of the Project, including Contractor's authorized representative CONTRACTOR MARKUP: A fixed sum calculated as ten percent (10%) of applicable Allowable Costs incurred by Contractor or Subcontractor for performing Extra Work with its own forces, which is deemed to be full compensation for Contractor s or Subcontractor s indirect costs associated with Extra Work, including, overhead, profit, and other indirect costs not included in the Allowable Costs. Contractor Markup is separate from and does not include Subcontractor Markup as defined herein DAY: Whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and legal holidays DEFECTIVE WORK: Work by Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of City or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents DELAY: Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work within the Contract Time DELETED WORK: Work that is eliminated due to a Change in the Work requested by City or Contractor for which City is entitled to a deductive adjustment in the Contract Sum DESIGN CONSULTANT: The individual(s) or firm(s) under contract with City to provide design or engineering services for the Project and responsible for preparing the Contract Documents for the Project. The term "Design Consultant" means Design Consultant or Design Consultant's authorized representative DRAWINGS: The graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The Drawings are outlined in the Drawing Index. The term Drawings may be used interchangeably with "Plans." ESCROW AGENT: A state or federally chartered bank in the State of California which holds securities pursuant to an escrow agreement as set forth in Section 9.5 of these General Conditions EXCUSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to an extension of time, but not compensation. Invitation for Bid (IFB) Package 69 Rev. June 2014 PART 5 GENERAL CONDITIONS

88 EXISTING IMPROVEMENTS: All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities EXTRA WORK: Additional Work or costs due to a Change in the Work that is not described in or reasonably inferable from the Contract Documents which may be the basis for an adjustment of the Contract Sum and/or the Contract Price under the terms of the Contract Documents. Extra Work shall not include additional Work or costs arising from Contractor s failure to perform any of its duties or obligations under the Contract Documents FIELD ORDER: A written instrument signed by the City or its Construction Manager that authorizes and directs performance of the Work described therein, and which may or may not include adjustments (increase or decrease) to the Contract Sum and/or Contract Time FINAL COMPLETION: Full completion of all Work required by the Contract Documents, including all punch list items, and submission of Record Documents, all to City s satisfaction FINAL PAYMENT: Final payment of the Contract Sum following Final Completion, including release of undisputed retention, less any amounts withheld or offset pursuant to the Contract Documents, including, but not limited to, liquidated damages, unreleased stop notices, amounts subject to setoff, and up to 150% of unresolved third party claims for which Contractor is required to indemnify City, and up to 150% of any amounts in dispute as authorized by Public Contract Code Section FRAGNET: A Fragnet, sometimes referred to as time impact analysis, is a contemporaneous, fragmentary scheduling network, which graphically identifies the sequencing of all critical and non critical new activities and/or activity revisions affected by a Change Order or Delay, with logic ties to all affected existing activities noted on the Construction Schedule. Its objective is to isolate and quantify any time impact of a specific issue, determine and demonstrate any such specific Delay in relation to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract Time into the Construction Schedule GENERAL CONDITIONS: That portion of the Contract Documents relating to the administrative procedures to be followed by Contractor in carrying out the Work HAZARDOUS SUBSTANCES: Refers to, without limitation, the following: any chemical, material or other substance defined as or included within the definition of hazardous substances, hazardous materials, hazardous wastes, extremely hazardous substances, toxic substances, toxic material, restricted hazardous waste, special waste, universal wastes or words of similar import under any Environmental Law LOSSES: Any and all losses, costs, liabilities, Claims, damages, liquidated damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees NOTICE OF AWARD: Written notice issued by City notifying Contractor of issuance of the Construction Contract NOTICE TO PROCEED: Written notice issued by City to Contractor to begin the Work PERFORMANCE BOND, PAYMENT BOND: The performance and payment bonds to be provided by Contractor for the Project. Invitation for Bid (IFB) Package 70 Rev. June 2014 PART 5 GENERAL CONDITIONS

89 PLANS: The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The term Plans may be used interchangeably with "Drawings." PRE CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning construction in order to review Contract Documents and clarify roles, responsibilities and authority of the Project Team PROJECT: The total construction, of which the Work performed by Contractor under the Contract Documents may be the whole or part and which may include Work performed by City s own forces or by Separate Contractors PROJECT TEAM: Collectively, the Contractor, City, Design Consultant, Separate Contractors, Construction Manager and other consultants and contractors providing professional and technical consultation for the design and construction of the Project RECORD DOCUMENTS: The term Record Documents refers to the As Built Documents, warranties, guarantees and other documents required to be submitted by Contractor as a condition of Final Completion REQUEST FOR INFORMATION: A written instrument, prepared by Contractor, which requests an interpretation or clarification in the Work or a response to a question concerning the Work. A Request for Information does not entitle Contractor to an adjustment in the Contract Sum unless it requires Extra Work and Contractor requests and is entitled to such an adjustment in accordance with the provisions of the Contract Documents REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the Design Consultant, which sets forth an interpretation or clarification in the Work or a response to a Contractor question concerning the Work SCHEDULE OF VALUES: A detailed, itemized breakdown of the Contract Sum, which provides for a fair and reasonable allocation of the dollar values to each of the various parts of the Work SEPARATE CONTRACTOR: A person or firm under separate contract with City or other entity performing other Work at the Site SITE: The physical site located within City where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS: The portions of the Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work and performance of related services. These provisions may also contain amendments, deletions or additions to the General Conditions STATEMENT OF CONTRACT DISPUTE: The Contractor s written statement prepared in accordance with Article 4 of these General Conditions required as a condition of its initiating the Contract Dispute Resolution Process set forth in the Construction Contract SUBCONTRACTOR: A person or firm that has a contract with a Contractor to perform a portion of the Work. The term "Subcontractor" includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. Subcontractor includes Subcontractors of any tier. Invitation for Bid (IFB) Package 71 Rev. June 2014 PART 5 GENERAL CONDITIONS

90 SUBCONTRACTOR MARKUPS: A fixed sum calculated as fifteen percent (15%) of the Subcontractor s Allowable Costs incurred by Subcontractor for performing Extra Work, which is deemed to be full compensation for Contractor s indirect costs for having the Extra Work performed by the Subcontractor, including, overhead, profit, and other indirect costs not included in Allowable Costs. Subcontractor Markup is separate from and does not include Contractor Markup as defined herein SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals required to be submitted by Contractor under the Contract Documents SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE: As determined by City, the point at which the Work is sufficiently complete to be occupied and utilized by City for its intended purpose, and Contractor has fulfilled its obligations under the Contract Documents, except for minor punchlist items which do not impair City's ability to so occupy and utilize the Project SUPERINTENDENT: The person appointed by Contractor, subject to approval by City, to supervise and coordinate Contractor's own forces and Subcontractors in all aspects of the Work UNEXCUSED DELAY: Any Delay in the path of activities that is critical to Substantial Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements. 1.2 OWNERSHIP AND USE OF DOCUMENTS All originals, copies and electronic forms of Plans and Drawings, Technical Specifications, (including, without limitation, the Contract Documents) shall not be used by Contractor, or any Subcontractor, for any purpose other than performance of the Work. Contractor and Subcontractors are granted a limited license, revocable at will by City, to use and reproduce applicable portions of the Contract Documents appropriate to and for performing the Work under the Contract Documents; provided however, that such use shall not reduce Owner s rights to use and ownership of the documents Contractor shall keep on the Site of the Project, at all times, a complete set of City approved, permitted Contract Documents for use by City Proposed Changes or refinements and clarifications will be provided to Contractor in the form of reproducible prints. Contractor shall, at its own expense and without adjustment to the Contract Sum, reproduce and distribute such prints as are necessary for the complete pricing of the Change and for performance of the Work Contractor shall include a provision in all contracts with Subcontractors who perform Work on the Project, protecting and preserving City s rights to ownership and use of documents as set forth in this Section 1.2. Invitation for Bid (IFB) Package 72 Rev. June 2014 PART 5 GENERAL CONDITIONS

91 1.3 INTERPRETATION OF CONTRACT DOCUMENTS The Contract Documents are complementary and what is required by one shall be as binding as if required by all In general, the Drawings will show dimensions, positions, and type of construction to be completed; and the Special Provisions and Technical Specifications will define materials, quality and standards. Any Work called for on the Drawings and not mentioned in the Special Provisions and Technical Specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings and non technical words and abbreviations are used in accordance with their commonly understood meanings The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whether or not nonlimiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include the other gender, and each shall include corporation, partnership, trust, or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof Any cross references indicated between various subparagraphs or Drawings and Documents are provided for the Contractor s convenience and shall not be all inclusive Unless specifically noted to the contrary, all Work, equipment, casework, mechanical, electrical and similar devices of whatever nature in the Contract Documents shall be completely installed, hooked up, made operational and made functional for the purpose such are intended, and all costs therefore are included in the Contract Sum Figured dimensions on scale Drawings and on full size Drawings shall govern over scale Drawings without figured dimensions. The Drawings shall not be scaled to determine dimensions, and (except in the case of diagrammatic Drawings) shall be calculated from figures shown on the Drawings. Obvious discrepancies between scale and figured dimensions, unless marked "not to scale," must be brought to the Construction Manager's attention before proceeding with the Work affected by the discrepancy. Invitation for Bid (IFB) Package 73 Rev. June 2014 PART 5 GENERAL CONDITIONS

92 1.3.9 If there is a conflict between any of the Contract Documents, Contractor shall immediately bring such conflict to the attention of City, whose decisions regarding such conflict shall be final and binding as to the requirements of the Contract Documents. In the event of any conflicts between or among the Applicable Code Requirements, the more stringent shall govern. In the event a conflict between any of the Contract Documents is not resolved by the order of precedence established in the Contract Documents, the highest standard of quality and skill, the most stringent requirements, and the most specific provision of the Contract Documents shall govern and shall be required in the performance of the Work The general character of the Work is shown in the Contract Documents, but Changes, modifications, clarifications and refinements may be made in details when needed to more fully explain the Work. Provided that they are a logical evolution of the Contract Documents that were bid by Contractor or were reasonably inferable as necessary to provide a completed and fully operational system, facility or structure, the same shall be considered part of the scope of the Work to be performed without adjustment in the Contract Sum or the Contract Time Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to all other like portions of the Work Contractor will provide all necessary labor, equipment, transportation and incidentals required to complete the Work, even if the Contract Documents do not describe the Work in complete detail Drawings and diagrams for mechanical, plumbing and electrical Work shall be considered as diagrammatic only and shall not to be used for any structural guidance or physical layout, unless specifically detailed or dimensioned, and Contractor shall be responsible to provide any and all numbers and lengths of mechanical, plumbing or electrical fittings, wire, conduit, connections, attachments or similar materials needed to complete the Work, at no adjustment to the Contract Sum or Contract Time, whether or not they exceed the numbers of such pieces or the lengths indicated by the Drawings City, in its sole discretion, will interpret the Contract Documents and make the determination of whether or not Contractor has fulfilled the requirements of the Contract Documents. Such interpretations and decisions of City shall be final and binding upon Contractor. ARTICLE 2 CITY S RIGHTS AND OBLIGATIONS 2.1 INFORMATION AND SERVICES PROVIDED BY CITY Except as otherwise provided in the Special Provisions and Technical Specifications, Contractor shall obtain and pay for any permits, easements and governmental approvals, including City building and related permits, for the use or occupancy of permanent structures required in connection with the Work Requests for Information Responses, Approvals and decisions required of City, Design Consultant or Construction Manager under the Contract Documents shall be provided by the Construction Manager to Contractor upon request in a timely manner in order to avoid unreasonable Delay in the orderly and sequential progress of the Work. Notwithstanding the foregoing, failure by City, Design Consultant, Construction Manager or City s other consultants to provide Request for Information Response, Approvals or decisions shall not be considered as a basis for Contractor to seek adjustment in the Contract Time until ten (10) Days after Contractor has delivered written notice to City and to the person from whom such information, Approval or decision is requested, including the following: Invitation for Bid (IFB) Package 74 Rev. June 2014 PART 5 GENERAL CONDITIONS

93 (i) The notice must include the following statement: You are hereby notified that certain information, approval or decision described herein has not been provided in accordance with Paragraph of the General Conditions and if not provided within ten (10) Days from this notice may result in additional cost or a request for time extension due to Delay. (ii) A detailed description of the information, approval or decision required, accompanied by copies of Contractor s prior written request(s). (iii) The date by which the information, approval or decision must be received so as to not result in Delay to the Project, which shall in no event be earlier than ten (10) Days after the date of City s receipt of such notice City s failure to provide the requested information, approval or decision within ten (10) days following receipt of the above notification will not entitle Contractor to an increase in the Contract Sum or Contract Time unless Contractor requests an increase in the Contract Sum and/or Contract Time by submitting a Change Order Request in compliance with Article 7 herein. 2.2 ACCESS TO PROJECT SITE City will make available, no later than the commencement date designated in the current construction Schedule accepted by City, the lands and facilities upon which the Work is to be performed, including such access and other lands and facilities designated in the Contract Documents, for use by Contractor. 2.3 CITY'S RIGHT TO STOP THE WORK If Contractor fails to correct Defective Work as required by Section 12.2 of these General Conditions, fails to perform the Work in accordance with the Contract Documents, or violates any Applicable Code Requirement, City may, without terminating the Contract, direct Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Contractor. Contractor shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. City shall have no duty or responsibility to Contractor or any other party to exercise the right to stop the Work. 2.4 CITY S RIGHT TO CARRY OUT THE WORK If Contractor fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at Contractor's expense. In such case, City shall be entitled to deduct from payments then or thereafter due Contractor the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the additional amount to City. 2.5 ACCESS TO MUNICIPAL SERVICE CENTER For all Projects which require Contractor access to City s Municipal Service Center (MSC), all Contractors shall provide and all Contractor s personnel shall at all times display, in the form of badges, identification which shall include the Contractor s name, the employee s name, City s Project Managers name and telephone number, and the name and number of the Project being performed. Badge identification information shall correspond with information contained in the bearer s driver license or with other City Invitation for Bid (IFB) Package 75 Rev. June 2014 PART 5 GENERAL CONDITIONS

94 approved identification. Any discrepancies, or failure of Contractor s personnel to display proper identification, will in result their removal from the Project, or in refusal of access to the MSC. 2.6 EMERGENCY TERMINATION OF CONTRACT The Construction Contract is subject to termination as provided by Section 4410 and Section 4411 of the Government Code of the State of California, being portions of the Emergency Termination of Public Contract Act of In the event that the Construction Contract is terminated pursuant to said section, compensation to the Contractor shall be determined on the basis of the reasonable value of the Work done, including preparatory work. As an exception of the foregoing, in the case of any fully completed separate item or portion of the work for which there is a separate unit or contract price, the unit or contract price shall control. ARTICLE 3 CONTRACTOR S RIGHTS AND OBLIGATIONS 3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS Contractor warrants that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered insofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements on the Site) and from the geological investigation reports, data and similar information, if any, made available to Contractor by City. Any failure by Contractor to take such information or conditions into consideration will not relieve Contractor from responsibility for estimating the difficulty and cost of successfully completing the Work within the Contract Sum and Contract Time Contractor warrants and represents that it has carefully reviewed the Bid and Contract Documents prior to submitting its Bid and executing the Contract. The Contractor shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sum or Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by Contractor or could have been reasonably discovered by Contractor or its Subcontractors in the exercise of care and diligence in the review of the Contract Documents, subject to the limitations of Public Contract Code Section If Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then Contractor shall, within two (2) days of discovery, notify City or the Construction Manager in writing stating both of the following: (i) (ii) Documents. A detailed description of the conditions discovered. Contractor s request for clarification, further details or correction of the Contract Failure by Contractor to provide written notice within the period of time required shall result in Contractor waiving any right to adjustment in the Contract Sum or Contract Time on account thereof If Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time for Extra Work based upon additional written or verbal instructions, information, or direction from City, Design Consultant, or Construction Manager, it may submit a Change Order Request pursuant to Article 7 of the General Conditions within ten (10) days of receipt of such instructions, information, or direction. Invitation for Bid (IFB) Package 76 Rev. June 2014 PART 5 GENERAL CONDITIONS

95 3.1.5 The Contractor shall take field measurements of the existing field conditions verified. Contractor shall carefully compare the field conditions with the Contract Documents and other information known to Contractor before commencing the Work. Contractor shall promptly report in writing to the Construction Manager any errors, inconsistencies, or omissions the Contractor discovers If Contractor performs any portion of the Work which it knows, or in the exercise of care and diligence should have known, involves an error, omission, conflict, ambiguity, lack of coordination or noncompliance with Applicable Code Requirements, without notifying and obtaining the written Approval of City or before obtaining a written clarification, interpretation, instruction or decision from Construction Manager, then any Work that is performed that is not in conformance with the clarifications, interpretation, instruction or decision of City, Design Consultant or Construction Manager shall be removed or replaced and Contractor shall be responsible for the resultant Losses with no adjustment in the Contract Sum or Contract Time Existing Improvements at the Site, for which no specific description is made on the Drawings, but which could be reasonably assumed to interfere with the satisfactory completion of the Work, shall be removed and disposed of by Contractor, but only upon the specific direction and control of City. Without limitation to the foregoing, and notwithstanding any information provided by City pertaining to groundwater elevations and/or geological and soils conditions encountered, it is understood that it is Contractor s responsibility to determine and allow for the elevation of groundwater, and the geological and soils conditions at the date of performance of the Work. 3.2 SUPERVISION AND CONSTRUCTION PROCEDURES Contractor shall supervise, coordinate and direct the Work using Contractor's best skill and attention and shall provide supervision sufficient to assure proper coordination and timely completion of the Work. Contractor shall be solely responsible for and have control over construction means, methods, techniques, safety, sequences, procedures and the coordination of all portions of the Work Contractor shall be responsible for the accurate layout of all portions of the Work and shall verify all dimensions on the Drawings and shall report to City any discrepancies before proceeding with related Work Contractor may be assigned working space adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the space in as good condition as Contractor found it, or restoring it to the condition it was in prior to Contractor commencing the Work Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor s Subcontractors Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents by the act(s) or omission(s) by City in the administration of the Contract, or by tests, inspections or Approvals required or performed by persons or firms other than Contractor. Invitation for Bid (IFB) Package 77 Rev. June 2014 PART 5 GENERAL CONDITIONS

96 3.3 RESPONSIBILITY FOR THE WORK Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work Contractor shall at all times maintain good discipline and order among its employees and Subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work, and shall ensure that each Subcontractor and Sub subcontractor engaged on the Site arranges the storage of materials and equipment and performance of its Work so as to interfere as little as possible with Separate Contractors or other persons engaged in work for City on the Site During the installation of Work, Contractor shall insure that existing facilities, fences, and other structures are all adequately protected. Upon Final Completion of all Work, all facilities that may have been damaged shall be restored to a condition acceptable to City Contractor is responsible for the security of the Site and all Work provided under the terms of this Contract, as well as all Work provided by Separate Contractors that occurs on the Site at any time prior to Final Completion and Acceptance of the Work by City. 3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents or otherwise Approved by the Construction Manager, all articles, equipment and materials incorporated in the Work shall be new, of good quality, undamaged and not defective. 3.5 CONTRACTOR'S WARRANTY In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and Contractor shall, without charge to City, be responsible for all damage to the materials or the Work due to Contractor's failure to provide such proper protection. Invitation for Bid (IFB) Package 78 Rev. June 2014 PART 5 GENERAL CONDITIONS

97 3.6 CONSTRUCTION METHODS AND PROCEDURES The methods and procedures adopted by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upon. If at any time such methods and procedures appear inadequate, City may order Contractor to improve the character or increase efficiency, and Contractor shall conform to such order; but the failure of City to order such improvement of methods or increase of efficiency will not relieve Contractor from its obligation to perform the Work in accordance with the Contract Documents or within the Contract Time If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, Contractor shall be fully and solely responsible for the Site safety for implementing such means, methods, techniques, sequences or procedures. If Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, Contractor shall give written notice to City and shall not proceed with that portion of the Work without further written instruction by City. 3.7 TAXES Contractor and Subcontractors are responsible for paying all sales, consumer, business license, use, income and payroll, and similar taxes for the Work or portions thereof provided by Contractor and Subcontractors All Contractors and Subcontractors for Construction Contracts equal to or greater than $5 million dollars shall be required to obtain a sub permit with the California Board of Equalization for a direct allocation of any and all applicable use tax to the City of Palo Alto, where the jobsite is located. Contractor and applicable Subcontractors shall apply for and comply with all of the conditions of the sub permit pursuant to Section of the California State Board of Equalization, Chapter 2, Compliance Policy and Procedures Manual: Registration, subchapter Contractors, as may be amended from time to time. 3.8 LEGAL REQUIREMENTS Contractor shall perform the Work in accordance with all Applicable Code Requirements, even though such requirements are not specifically referenced in the Contract Documents When the Work required by the Contract Documents is in conflict with any Applicable Code Requirement, Contractor shall notify Construction Manager and shall not proceed with the Work until Construction Manager provides direction to the Contractor. Invitation for Bid (IFB) Package 79 Rev. June 2014 PART 5 GENERAL CONDITIONS

98 3.9 PROJECT STAFF Contractor shall employ a complete and competent project staff for the duration of the Work, which shall include separate individuals designated to act as Superintendent, project manager, project engineer(s) and administrative assistant(s), plus such other persons necessary to diligently prosecute the Work. Contractor shall not replace the designated Superintendent or project manager without a minimum seven (7) Day written notice. Any Project staff member and any replacement member shall be subject to the approval of City, which may be granted or withheld in its sole discretion. Upon notice from City requesting replacement of any Project staff member who is unsatisfactory to City, Contractor shall in a timely manner, but in no event longer than three (3) Days after notification, replace such member with a competent member satisfactory to City. Failure by Contractor to comply with the provisions of this Paragraph shall entitle City, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until Contractor complies with this Paragraph. All costs or damages associated with such termination or suspension shall be borne by Contractor, without adjustment in the Contract Sum or Contract Time The Superintendent shall be at the Site at all times during the performance of the Work. The Superintendent shall represent Contractor and communications given to and acknowledged by the Superintendent shall be binding on Contractor. Further, communications issued by or received from the Superintendent shall be deemed as binding on Contractor. The Superintendent must be able to read, write and communicate fluently in English SCHEDULES REQUIRED OF CONTRACTOR Contractor shall submit a preliminary Construction Schedule to City in a form approved by the Construction Manager at the Pre Construction Meeting Updated Construction Schedules shall be submitted in the form and frequency required by the Construction Manager The Construction Schedule and Construction Schedule updates shall meet the following requirements:.1 Schedules must be suitable in format and clarity for monitoring progress of the Work and shall utilize the critical path method of scheduling..2 Schedules must provide necessary data about the timing for City's decisions and City furnished items..3 Schedules must be in sufficient detail to demonstrate adequate planning and staffing for the Work..4 Schedules must represent a practical plan to complete the Work within the Contract Time. If at any time during the Work, any activity is not completed by its latest scheduled completion date, Contractor shall notify the Construction Manager within five (5) Days of Contractor's plans to reorganize the work force to return to the schedule and prevent Delays on any other activity. Invitation for Bid (IFB) Package 80 Rev. June 2014 PART 5 GENERAL CONDITIONS

99 .5 An updated Construction Schedule shall be submitted with each progress payment request, but no less frequently than monthly, and shall include all of the following: (i) (ii) (iii) (iv) A written narrative report detailing the actual progress of the Work as of the date of submission; The expected progress of the Work as of such date according to the approved Construction Schedule; The reasons for any variance between the approved Construction Schedule and the updated Construction Schedule; and If required, Contractor s plan for placing the Work back on Schedule, at Contractor s expense. Failure to timely comply with the above requirements may be grounds for rejection of a request for extension of time Contractor shall plan, develop, supervise, control and coordinate the performance of the Work so the progress, sequence and timing of the Work conform to the current accepted Construction Schedule. Contractor shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work, the ordering and fabrication of materials, required Submittals, and the delivery of equipment, shall coordinate and integrate such information and data in updated Construction Schedules and Record Documents, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expediter of potential and actual delays, interruptions, hindrances or disruptions for its own forces and those forces of Subcontractors, regardless of tier. Contractor shall cooperate with City in the development of the Construction Schedule and updated Construction Schedules City's review, comments, requests for revisions, or acceptance of any schedule or scheduling data shall not: (i) (ii) (iii) Relieve Contractor from its sole responsibility for the feasibility of the schedule and to plan for, perform, and complete the Work within the Contract Time; Transfer responsibility for any schedule from Contractor to City; nor Imply City s agreement with any assumption upon which such schedule is based or any matter underlying or contained in such schedule Failure of City to discover errors or omissions in Construction Schedules that it has reviewed or Approved, or to inform Contractor that Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve Contractor from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum Contractor shall cooperate with and coordinate its Construction Schedule with work of City and City s Separate Contractors. Invitation for Bid (IFB) Package 81 Rev. June 2014 PART 5 GENERAL CONDITIONS

100 3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE Contractor shall maintain one (1) set of As Built Documents at the Site, which shall be kept up to date on a daily basis during the performance of the Work. All performed changes, deletions or additions in the Work from that shown in the Contract Documents shall be recorded accurately and completely in the Record Documents. Upon Final Completion and as a condition to Final Payment, each sheet of the As Built Documents and other Record Documents shall be signed and attested to by the Contractor s Superintendent as being complete and accurate Contractor shall, at all times during performance of the Work, also maintain the following at the Site: (i) (ii) (iii) The latest updated Construction Schedule approved by City; Shop Drawings, product data, and samples; and All other required Submittals. At all times during the course of the Project, these documents shall be available to City, the Construction Manager and the Design Consultant to audit, excerpt, or copy as they see fit. Upon Final Completion or termination of the Construction Contract, these documents shall be delivered to City in the format requested by the City It shall be the responsibility of Contractor to maintain a current and complete record of all Changes performed during the progress of the Project construction. The record shall be in the form of a complete set of prints of the As Built Documents on which daily recordings are made by Contractor, indicating in detail and dimension each variation from the original set of Contract Documents for all of the Work. At the completion of construction, Contractor shall, as a requirement of the Final Completion of the Work, certify that to the best of its knowledge, the As Built Documents are true and accurate, and that the indications thereon represent all Changes performed during the construction of the Project. At Final Completion, the As Built and other Record Documents shall become the property of City Contractor, in concert with the Design Consultant and the Construction Manager, shall review Contractor's As Built Documents for conformance with all current Changes prior to presenting its monthly Application For Payment. The monthly progress payment statement will not be accepted or processed by City unless the As Built Documents are current and complete, and Approved by City At Final Completion, the Contractor shall provided the fully As Built Documents to the City. These As Built Documents will become the permanent property of City at Final Completion. If the As Built Documents are prepared on a computer, then the revised computer files shall also be provided to City in the file format specified by City SUBMITTALS Submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, how Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Prior to starting Work, Contractor shall provide to City an initial schedule for submission of the Submittals for which shop drawings are required by the Contract Documents. For each required shop drawing, Contractor shall provide to City the date for the drawing's intended Submittal to the Design Consultant for review. The date required for its return to avoid Delay in any activity beyond the scheduled start date shall also be given. Invitation for Bid (IFB) Package 82 Rev. June 2014 PART 5 GENERAL CONDITIONS

101 All shop drawings and other Submittals shall be provided at Contractor's expense, and at the time required by the Contract Documents or requested by the Construction Manager Contractor shall review, approve, and submit to the Construction Manager, all Submittals required by the Contract Documents to be submitted and reviewed by the Design Consultant. Submittals to the Construction Manager without evidence thereon of Contractor s approval shall be returned, without review, for resubmission in accordance with these requirements. Submittals shall be provided within the time frame specified in the Special Provisions and Technical Specifications in accordance with the Construction Schedule, and in such sequence as to cause no Delay in the Work or in the activities of City or of Separate Contractors. Submittals made by Contractor which are not required by the Contract Documents, may be returned without action by the Construction Manager or Design Consultant. Submittal to the Construction Manager and Design Consultant must include a statement, in writing, identifying any deviations from the Contract Documents required due to manufacturing or installation limitations contained in the Submittal All Submittals shall be submitted in two (2) sets, accompanied by letters of transmittal, and addressed to the Construction Manager for review. Unless otherwise specified in the Contract Documents, Submittals consisting of Drawings or Plans shall be in the form of six (6) copies. The Submittal must be prepared and submitted in accordance with all applicable provisions in the Contract Documents. If the Submittal involves a request for substitution of materials, the request shall be clearly identified on the Submittal that it is a "Request for Substitution." Unless so clearly marked, Submittals shall not be considered as a request for substitution. The Construction Manager shall return to Contractor three (3) marked up prints. Submittals shall include all relevant catalog sheets, material lists, manufacturer s brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item. The letter of transmittal shall include a list of the accompanying documents and the numbers of the sheets submitted. All sheets shall be marked with the name of the Project and the name of Contractor, shall be numbered consecutively, and shall be referenced to the sheets or paragraphs of the Contract Documents, referenced by sheet or subparagraph affected. Submittals shall be combined for singular assemblies, items or materials No Work requiring a Submittal shall be performed by Contractor until the Submittal has been reviewed and approved by City, Construction Manager or Design Consultant, as appropriate, and the Design Consultant has documented the exceptions noted on the Submittal. Contractor shall allow twenty (20) Days for review of timely and complete Submittals. Once the Submittal is returned to Contractor by the Construction Manager with a statement that it has been reviewed and no exceptions are taken or further action requested, such Work shall be performed in accordance with the Submittal and the Contract Documents Contractor's Submittals represent that Contractor has determined or verified materials and field measurements and conditions related thereto and that it has checked and coordinated the information contained within such Submittals with the requirements of the Contract Documents and Submittals for related Work If Contractor discovers any conflicts, omissions or errors in Submittals, Contractor shall notify the Construction Manager and receive instruction before proceeding with the affected Work. Invitation for Bid (IFB) Package 83 Rev. June 2014 PART 5 GENERAL CONDITIONS

102 Contractor shall remain solely responsible, notwithstanding City, Construction Manager or Design Consultant s review or approval of Submittals, for deviations (including, without limitation, those arising from standard shop practice) from the Contract Documents, unless Contractor has specifically informed City, Construction Manager or Design Consultant in writing of such deviation at the time of transmitting the Submittal and City, Construction Manager or Design Consultant has given written approval of such deviation. No adjustment in the Contract Sum or Contract Time shall be permitted with respect to any such deviations that are noted in writing by Contractor and as to which City, Construction Manager or Design Consultant takes no exception or approves After review of Contractor's Submittals by City, Construction Manager or Design Consultant, as appropriate, the Construction Manager will transmit to Contractor one set of Submittals. If the Submittals are found to be incomplete or incorrect, Contractor shall resubmit after corrective action has been taken. Contractor shall reimburse City, or City may withhold from payments due Contractor, sums owing by City for any fees charged by City, Construction Manager or Design Consultant or City s other consultants for more than two (2) reviews of a Submittal, or for accelerated review in a shorter time than set forth in the approved Construction Schedule, if requested by Contractor or caused by late Submittals by Contractor. The return of a Submittal due to failure to comply with the Contract Documents or for correction or additional information shall be considered a review Review of Submittals by City, Construction Manager or Design Consultant will be general and for conformance with design intent, and shall not relieve Contractor from the responsibility for proper fitting and construction of the Work, nor from furnished materials and Work required by the Contract which may not be indicated on the reviewed Submittals Submittals shall be in English, be of good quality, and be of a size and scale to clearly show all necessary details. Submittals shall show in detail the size, sections and dimensions of all members; the arrangement and construction of all connections, joints and other pertinent details; and all holes, straps and other fittings required by other Separate Contractors for attaching their Work. When required by City, Construction Manager or Design Consultant, engineering computations shall be submitted. Contractor shall be responsible for delivering duplicates of Submittals to all other persons whose Work is dependent thereon Contractor shall, at all times, maintain at the Site a complete file of all City, Construction Manager or Design Consultant reviewed Submittals TRADE NAMES, SUBSTITUTIONS Any request for substitution of or equal items by the Contractor shall be made within 35 days of award of the contract, unless otherwise specified in these Contract Documents, and shall be governed by Public Contract Code Section If City accepts for use in the Project a substitute material or process which in the opinion of City, Construction Manager or Design Consultant is not the equal of that specified, a Change Order shall be issued issuing a credit to City for the difference in value Substitutions by Contractor that are incorporated into the Work without the prior review and Approval by City, Construction Manager or Design Consultant in accordance with the requirements of the Contract Documents shall be deemed to be Defective Work The specified Construction Contract completion time shall not be affected by any circumstance developing from the substitution provisions of this Section. Invitation for Bid (IFB) Package 84 Rev. June 2014 PART 5 GENERAL CONDITIONS

103 3.14 DAILY REPORTS BY CONTRACTOR At the end of each working day, Contractor shall submit a daily report to the Construction Manager (on a form provided by or accepted by the Construction Manager) listing: (i) (ii) (iii) (iv) (v) (vi) (vii) Labor Names of workers, classification, hourly rates and hours worked. Material Description and list of quantities of materials used. Equipment Type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. Inspection and Testing Activities Name, City or company and items involved. Areas of Work The areas of the Site on which Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the day. Accidents, Delays, Defective Work Description in detail of any injuries to workers, accidents, Delays, or Defective Work that were encountered. Other Services and Expenditures Description in such detail as City may require of other services and expenditures Reports by Subcontractors that comply with the requirements of this Section 3.14 shall also be submitted to the Construction Manager through Contractor at the end of each working day Submission of daily reports by Contractor and Subcontractors performing Work on the Site shall be a condition precedent to Contractor's right to payment under the Contract Facts, notice or information contained in daily reports of Contractor or its Subcontractors, whether known or not known to City or Construction Manager, shall under no circumstances be considered evidence of compliance by Contractor with any of the specific written notice requirements of the Contract Documents CUTTING AND PATCHING Contractor shall do all cutting, fitting, or patching of the Work required to make all parts of the Work join properly and to allow the Work to join the work of Separate Contractors shown in, or reasonably implied by, the Contract Documents Contractor shall not endanger the Work, the Project, Existing Improvements, or adjacent property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate Contractor without the prior written consent of City In all cases, cutting shall be performed under the supervision of competent workers skilled in the applicable trade and shall cause the openings to be cut as small as possible to minimize unnecessary damage. Invitation for Bid (IFB) Package 85 Rev. June 2014 PART 5 GENERAL CONDITIONS

104 3.16 ACCESS TO THE WORK City, Construction Manager, Design Consultant, their consultants and other persons authorized by City shall at all times have access to the Work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access and for inspection City may, at any time, and from time to time during the performance of the Work, enter the Project for the purpose of installing any necessary other work by City labor or other contracts or for any other purpose. Contractor shall cooperate with City and not interfere with other work being done by or on behalf of City ROYALTIES AND PATENTS Contractor shall pay all royalties and license fees required for the performance of the Work. Contractor shall immediately notify City if it learns of any circumstances that may constitute an infringement of patent rights and shall defend and indemnify City and the members of the Project Team in accordance with the indemnity provision in the Construction Contract against Losses, liabilities, suits or Claims resulting from Contractor's or any Subcontractor's or Sub subcontractor s infringement of patent rights PERMITS AND LICENSES The Contractor shall comply with all provisions of any permits necessary to accomplish the Work as presented in this Contract. Contractor shall obtain and be responsible for the cost of all permits and applications related to the construction of the Project DIFFERING SITE CONDITIONS Except as provided in this Section 3.19, Contractor agrees to solely bear the risk, including any additional costs and Delay of any and all concealed and unknown site conditions, without adjustment to the Contract Sum or Contract Time. This provision is applicable if the Project involves digging trenches or other excavations that extend deeper than four (4) feet below the surface. Contractor shall promptly, and before the following conditions are disturbed, provide written notice to City if the Contractor finds any of the following conditions:.1 Material that Contractor believes may be a hazardous waste, as defined in Section of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law..2 Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids..3 Unknown physical conditions at the site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents City shall promptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in the Contract Documents. The City may, acting in its sole discretion, extend the applicable deadline for submitting a Change Order Request when it is based upon differing conditions subject to Public Contract Code Section Invitation for Bid (IFB) Package 86 Rev. June 2014 PART 5 GENERAL CONDITIONS

105 In the event that a dispute arises between the City and the Contractor regarding any of the matters specified in subsection , above, Contractor shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City INSPECTIONS In order to allow for inspection by City and other agencies, or any inspection required elsewhere in the Special Provisions and Technical Specifications, Contractor shall notify City in writing three (3) Days in advance of the permanent concealment of any materials or Work Whenever Contractor desires to carry on the Work of this Construction Contract at hours other than those specifically required by the City or 8:00 AM to 6:00 PM, Monday through Friday or from 9:00 AM to 5:00 PM on Saturdays, it shall request authorization in writing from City for such Work at least twelve (12) Days in advance and, if approved to proceed, Contractor agrees to pay the costs incurred by the City to provide inspectors during these times and the costs incurred for the Construction Manager, Design Consultant and/or other City consultants whose presence at the Site is necessary. City offices are closed on alternate Fridays commencing January 12, 2001, and every other Friday thereafter. Inspections by City Building Department may not be available on these days If any Work is concealed or performed without the prior notice specified above, then the Work shall be subject to such tests or exposure as may be necessary to prove to City that the materials used and the Work done are in conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by Contractor at its expense. Contractor shall replace, at its own expense and without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such exposure or testing, and shall be responsible for any Delay caused thereby When, in order to comply with the intent of the Contract Documents, inspection must be made at the plant or mill of the manufacturer or fabricator of material or equipment, Contractor shall notify City a sufficient length of time in advance to allow for arrangements to be made for such inspection. If required testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Site, Contractor shall be responsible for the additional travel costs required for testing and/or inspection at such location Any inspection or approval by any representative or agent of City will not relieve Contractor of the responsibility of incorporating into the Work only those materials which conform to the Contract Documents, and any nonconforming materials shall be removed from the Site whenever identified, at Contractor s sole expense When Contractor believes it has achieved either Substantial or Final Completion of the Work, Contractor shall notify City and the Construction Manager in writing and request a Substantial or Final Completion inspection of the Work. City, Design Consultant and Construction Manager will make such inspection as soon thereafter as possible. Invitation for Bid (IFB) Package 87 Rev. June 2014 PART 5 GENERAL CONDITIONS

106 3.21 STOP NOTICES Contractor must promptly pay its Subcontractors in accordance with the subcontract requirements and California prompt payment statutes. If any stop notice or other claim is served, filed or recorded in connection with the Work, City shall have the option, in its sole discretion, to permit Contractor immediately and at its own expense obtain a bond executed by a good and sufficient surety, in accordance with Civil Code section 9364, in a sum equal to one hundred twenty five percent (125%) of the amount of such stop notice or claim. Such bond shall guarantee the payment of any amounts which the claimant may recover on the stop notice or claim, together with the claimant s costs of suit in any action to enforce such stop notice or claim if the claimant recovers therein. This remedy shall be in addition to all other rights and remedies of City under the Contract Documents and applicable law, including, without limitation, the right to withhold funds from sums due to Contractor. Contractor shall timely notify City of Contractor's receipt of any stop notice or other third party claim, valid or invalid, relating to the Contract Documents PARKING Contractor shall provide and maintain suitable parking areas, for use by all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, construction activities or public parking. The Construction Manager shall approve the location of all off site parking in the City USE OF THE PROJECT SITE AND CLEAN UP Contractor shall confine operations at the Site to areas permitted by Applicable Code Requirements and the Contract Documents. Contractor shall not encumber the Site with materials or equipment so that Separate Contractors' work is hindered or impeded due to such encumbrances Contractor shall, during performance of the Work, keep the Site and surrounding area free from the accumulation of excess dirt, dust, waste materials, water and rubbish caused by Contractor or any Subcontractors. Contractor shall continuously and daily remove all excess dirt, waste material, water and rubbish caused by Contractor and all tools, equipment, machinery and surplus materials from the Site and surrounding area at end of each day. Adequate cleanup will be a condition for progress payments Personnel of Contractor shall not occupy, live upon, or otherwise make use of the Site during any time that Work is not being performed at the Site, except as otherwise provided in the Contract Documents Upon Final Completion of the Work, Contractor shall remove all construction facilities, appurtenances, tools, material and other articles from the Site. The entire area, including all fixed equipment, floors, surfaces and hardware shall be cleaned and restored to their original condition in accordance with the Special Provisions and Technical Specifications In addition to water sprinkling, temporary enclosures and anti dust sweeping compounds should be used to limit dust and dirt rising and to keep the Site clean Construction materials shall be neatly stacked by Contractor when not in use. Loose materials, whether on the Site or in transit, shall be covered to prevent dust. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from the affected surfaces to prevent marring or other damage to the Work. Invitation for Bid (IFB) Package 88 Rev. June 2014 PART 5 GENERAL CONDITIONS

107 Volatile wastes shall be properly stored in covered metal containers and removed daily. All other trash receptacles shall be promptly emptied when full Contractor shall promptly and legally transport and dispose of removed and demolished items and waste materials not identified to be recycled or reused in compliance with local ordinances and anti pollution laws. No rubbish or waste materials shall be burned, buried, or otherwise disposed of on the Site The Contractor shall provide sanitary facilities at the Site, which shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. Contractor shall require all personnel to use the sanitary facilities. Sanitary facilities shall be on a portable trailer and shall be removed from the Site at the end of each workday. For sewer lining projects, Contractor shall provide additional sanitary facilities on a portable trailer to be used by the residents during lining installation (one sanitary facility per each 30 meters [100 feet]). Contractor shall remove the sanitary facilities as soon as relief holes are cut and notices of completion are delivered ENVIRONMENTAL CONTROLS Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of Work involved and no additional compensation will be allowed AIR POLLUTION CONTROL. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including rules promulgated by the Bay Area Air Quality Management District, the California Department of Public Health or any other applicable agency. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paint thinners, curing compounds, parts cleaners and degreasers and liquid asphalt used on the Project shall comply with the applicable material requirements of the Bay Area Air Quality Management District. All containers of paint thinner, curing compound parts cleaners and degreasers or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be disposed of onsite (i.e. used up inappropriately or burned). Compressed gases contained within cylinders or aerosol cans shall never be released for any purpose other than that intended by the manufacturer..1 Mold. The Contractor shall take steps to prevent mold from developing on the Site, or being released into the air and shall promptly decontaminate any areas of mold that develop..2 VOC s. Only construction materials that emit low levels of volatile organic compounds (VOC) shall be used within indoor areas. Adequate ventilation of packaged dry products shall be used prior to installation. Contractor is responsible to ventilate the building during the application of wet products (e.g., paints, glues, sealants), which release their highest levels of VOC's during the curing period immediately after the application. Also, wet products shall be applied before installing materials that act as "sinks" such as carpets, fabric, ceiling tiles, movable partitions, furniture, etc. in order to reduce the chance of the "sinks" absorbing contaminants and slowly releasing them into the building over time. Invitation for Bid (IFB) Package 89 Rev. June 2014 PART 5 GENERAL CONDITIONS

108 .3 Off Gassing. Contractor is responsible for identifying specific materials that require more complex ventilation to accelerate off gassing. In addition to paints, glues and sealants, those materials that generally require temporary ventilation include, without limitation: composite wood products, plastics, waterproofing, insulation, fireproofing, caulking, acoustical ceilings, resilient flooring and wood preservatives..4 Barriers. Barriers shall be used to prevent the migration of airborne pollutants from areas under construction and to mitigate any construction noise that may disrupt occupant activities. If effective controls for pollution emissions cannot be practically implemented, activities involving significant airborne pollutants shall be scheduled during off hours at Contractor s expense. The Site shall be ventilated with fresh outside air during and immediately after the noxious activity..5 Exhaust. Contractor shall install temporary exhaust systems in construction areas to prevent contaminated air from entering the building's return air system, including, without limitation: (i) (ii) Removing windows in a space. Using available or dedicated exhaust systems (e.g., kitchen or toilet exhaust) that are not tied into the building's overall return air system..6 Treated wood waste (TWW). TWW is any wood treated with preserving chemicals that protect the wood from insect attack or fungal decay (typically railroad ties, power poles, or bollards) shall be managed by Contractor to minimize dust generation. Contractor shall never grind TWW and shall be properly dispose TWW at a permitted TWW disposal facility. If Contractor size reduces the TWW then Contractor shall collect all dust generated for proper offsite disposal..7 Contaminated Soil Removal. Unless approved by the City, contaminated soils that are being removed shall be loaded directly into truck trailers that shall transport the soils directly to disposal facilities and not stockpiled onsite or elsewhere. If the City approves the temporary stockpiling of soils onsite, then Contractor shall cover the soil with visqueen (or other suitable material) within 1 hour. The building shall be flushed with full outdoor air for seven (7) Days prior to occupancy. Full capacity of the HVAC system shall be used for at least 2.5 ACH (air changes per hour), provided by temporary fans. During this time, the interiors shall be thoroughly cleaned, the HVAC ducts vacuumed, and air and HVAC system filters replaced WATER POLLUTION CONTROL..1 Contractor shall at a minimum use applicable Best Management Practices listed in the California Stormwater Quality Association Construction Handbook to prevent the pollution of storm drains and watercourses by discharges of materials other than uncontaminated storm water. Prohibited discharges include storm water runoff discharges that may threaten to cause pollution, contamination or nuisance, sanitary waste, sediment and debris from erosion and other substances resulting from construction activities. Sanitary wastes will not be permitted to enter any storm drain or watercourse and must be routed to the sanitary sewer system. No sediment, debris or construction materials will be permitted to enter sanitary sewers. Invitation for Bid (IFB) Package 90 Rev. June 2014 PART 5 GENERAL CONDITIONS

109 .2 Contractor shall provide effective and continuous control of water pollution, including Work in small or multiple units, on an out of phase schedule or with modified construction procedures. Contractor shall determine which methods are most effective in achieving control of water pollution as a result of Contractor's operations. Contractor shall coordinate water pollution control work with all other Work performed by Contractor and Separate Contractors..3 Before starting any Work on the Project, Contractor shall submit to the Construction Manager for acceptance a Storm Water Pollution Prevention Plan (SWPPP) for effective control of storm water pollution. Such plan shall show the schedule and detailed description for the storm water pollution prevention and erosion control work or practices included in the Construction Contract and for all storm water pollution control measures which Contractor proposes to employ in connection with construction of the Project to minimize the effects of their operations upon storm drains, adjacent streams, and other bodies of water. Contractor shall not perform any clearing and grubbing or earthwork on the Project, other than that specifically authorized in writing by the Construction Manager, until such SWPPP has been approved by a City representative or the Construction Manager. Contractor shall revise and bring up to date said SWPPP at any time the Construction Manager makes written request for such revisions..4 City shall not be liable to Contractor for failure to accept all or any portion of any originally submitted or revised SWPPP, or for any Delays to the Work due to Contractor's failure to submit an acceptable SWPPP. Contractor assumes sole responsibility for all costs associated with treatment of storm water polluted as a result of Contractor s Site activities, whether treatment is initiated by Contractor or City..5 Contractor may request the Construction Manager to waive the requirement for submission of a written SWPPP when the nature of Contractor's operation is such that pollutant discharge or soil erosion is not likely to occur. Waiver of this requirement will not relieve Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written SWPPP will not preclude City requiring submittal of a SWPPP at a later time if the Construction Manager deems it necessary because of the effect of Contractor's operations..6 Where erosion damage which will cause storm water pollution is probable due to the nature of the material or the season of the year, Contractor's operation shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations..7 All storm water pollution control work required elsewhere in the Contract Documents which may be accomplished under the various contract items of Work will be measured and paid for as provided in said items of Work elsewhere in these Contract Documents. Invitation for Bid (IFB) Package 91 Rev. June 2014 PART 5 GENERAL CONDITIONS

110 URBAN RUNOFF. At a minimum, the following specific Best Management Practices which address the potential pollution impacts of urban runoff shall apply to all projects undergoing construction in City. The Best Management Practices listed below (in addition to those listed in the Technical Specifications) are required by City, and shall apply at the time of demolition of an existing structure or commencement of construction until receipt of a certificate of occupancy or certificate of completion:.1 Sediment and construction waste from construction sites and parking areas shall not leave the Site..2 Any sediments or other construction materials which are tracked off the Site shall be removed the same day. Straw wattles or another temporary sediment barrier shall be installed around the perimeter of the Site to prevent the sediment from leaving the Site..3 On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff..4 Excavated soil shall be located on the Site in a manner that eliminates the possibility of sediment running into the street, storm drains, water bodies, or adjoining properties. Material stockpiles shall be covered within 1 hour of stockpiling the material until the material is either used or removed..5 No washing of construction vehicles shall be allowed on or adjacent to the Site..6 Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the Site, including, but not limited to the following: (i) detention ponds or sedimentation ponds; and (ii) dikes, berms or ditches; and (iii) down drains, chutes or flumes STORM WATER POLLUTION PREVENTION DURING ROADWORK. To avoid storm water pollution, Contractor shall plan roadwork and pavement construction as follows:.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting storm water runoff..2 Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc..3 Always park paving machines over drip pans or absorbent materials..4 When making saw cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation. Shovel or vacuum the slurry residue from the pavement and remove from the Site STORMWATER POLLUTION. To avoid stormwater pollution, Contractor shall plan roadwork and pavement construction as follows:.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting stormwater runoff. Invitation for Bid (IFB) Package 92 Rev. June 2014 PART 5 GENERAL CONDITIONS

111 .2 Cover storm drain inlets and personnel access holes when paving or applying seal coat, slurry seal, fog seal, etc..3 Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously..4 When making saw cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from the Site DRAINAGE CONTROL. Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, Site and adjacent property. Also drainage facilities shall be constructed to minimize the potential pollution to the ocean. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect City's private property and utility owner's facilities and the Work, and to direct water to drainage channels or conduits. Retention of drainage on the Site shall be provided as necessary to prevent downstream flooding DUST CONTROL. As elsewhere provided herein, the Contractor shall be responsible for all dust alleviation and control measures necessary and required for the public safety and convenience during the life of the contract. The Contractor shall use reclaimed water to control dust from unpaved surfaces as needed on a daily basis or as directed by the Construction Manager. The water shall be applied at a limited rate so as to avoid the creation of runoff from the site. The Contractor shall not use water to flush down paved or impervious surfaces as a means of dust control. Paved or impervious surfaces shall be swept with a street sweeper as needed to control dust on the site. Compensation for water applied as alleviation and/or prevention of dust nuisance and street sweeping shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. Contractor shall comply with the provisions of all applicable hazardous materials Standards including but not limited to California Code of Regulations (CCR) Title 8, Chapter 4, Group 16 (CalOSHA Control of Hazardous Substances), CCR Title 22, Division 4.5, (hazardous waste management standards), California Health & Safety Code Division 20, Section 6.5 (hazardous waste control), California Fire Code, Code of Federal Regulations (CFR) 49 (DOT regulations), CFR 40, Part 60 (U.S. hazardous waste standards) and applicable sections of the Palo Alto Municipal Code. Contractor shall at all times maintain an inventory of hazardous materials stored onsite and all applicable Material Safety Data Sheets (MSDSs) available for review by the City. For City generated hazardous waste removal, the City will take full generator status for the hazardous wastes as described under CCR 22. The City will obtain any EPA Identification numbers for the project and will sign each manifest as the generator before the material is transported. Contractor shall fully manage the hazardous wastes for the City including the removing, storing, transporting and disposing of the hazardous wastes. For construction activities that remove existing hazardous wastes, such as, asbestos removal, contaminated soil removal, lead paint removal or other contamination abatement projects, Contractor shall develop a hazardous materials management plan (HMMP). The HMMP shall contain sufficient information that shall demonstrate how the Contractor will remove, secure Invitation for Bid (IFB) Package 93 Rev. June 2014 PART 5 GENERAL CONDITIONS

112 and store, transport to a permitted disposal facility. Contractor shall submit the HMMP to the City for approval. At a minimum, the HMMP shall include: Project map that shall show hazardous waste removal areas, storage areas (including all fencing, gates, locks, structures etc; Hazardous waste expected inventory including quantities and types of wastes; Security program how the Contractor will keep hazardous materials secure from public contact; Monitoring and inspection program; Inventory of emergency equipment onsite; Transportation Plan includes how the Contractor plans to package and transport the hazardous wastes; Disposal facility name and location; Any other information that would reasonably describe Contractor hazardous waste removal, storage and disposal plans. from City has the sole right to reject the hazardous waste transporter and/or disposal facility Contractor s consideration. Hazardous wastes that are generated from Contractor s activities while completing the project (i.e. equipment maintenance fluids, empty oil or solvent drums, etc. shall be the sole responsibility of the Contractor who is the generator of the wastes under the Hazardous Waste Generator Regulations CCR Title 22. Wastes must be handled, recycled or disposed of in the United States ENVIRONMENTAL PURCHASING POLICY. The Contractor shall comply with the City of Palo Alto s Environmental Purchasing Policy, as amended from time to time. A copy is available at the City s Purchasing Division ZERO WASTE REQUIREMENTS. The Contractor shall comply with waste reduction, reuse, recycling and disposal requirements of the City s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor shall comply with the following zero waste requirements: All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double sided and printed on a minimum of 30% or greater post consumer content paper, unless otherwise approved by the City s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post consumer material and printed with vegetable based inks. Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the City s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City, for reuse or recycling. Contractor shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Invitation for Bid (IFB) Package 94 Rev. June 2014 PART 5 GENERAL CONDITIONS

113 SOUND CONTROL..1 Contractor shall comply with the City s Noise Ordinance set forth in Chapter 9.10 of the Palo Alto Municipal Code, except as modified in the Special Provisions and Technical Specifications. Copies of the Noise Ordinance are available in the Purchasing Division..2 Each internal combustion engine used for any purpose on the Site or otherwise within the City of Palo Alto shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the Project without said muffler. This requirement in no way relieves Contractor from responsibility for complying with local ordinances regulating noise level..3 The noise level requirement shall apply to all equipment on the Work or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel..4 Prior to starting construction, all equipment to be used on the Project shall be inspected and tested for compliance with the requirements of this Project. Sound blankets or other sound mitigation equipment approved by the Construction Manager shall be required to bring equipment into compliance with the requirements of this Project TEMPORARY WATER, LIGHT AND POWER Water for any purpose shall be obtained by Contractor, at its expense, from City. Contractor is to contact the Construction Manager for a phone number and contact person. In no case may Contractor obtain water from unmetered fire hydrants. The costs of obtaining water shall be included in the prices paid for the various contract items of work included and no additional compensation will be allowed therefore, unless otherwise specified in the Contract Documents. The City imposes a penalty for taking water from an unmetered fire hydrant. The penalty shall be deducted from the payment due Contractor. Contractor shall purchase power from the City, at Contractor s expense CITY TRUCK ROUTE ORDINANCE The Contractor and any subcontractors or suppliers shall at all times comply with the requirements of the City of Palo Alto Truck Route Ordinance set forth in Chapter of the Palo Alto Municipal Code UNFAIR BUSINESS PRACTICES CLAIMS Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15), or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders Final Payment to Contractor, without further acknowledgment by the parties. Contractor shall incorporate this provision in all Subcontractor contracts EXISTING UTILITIES Prior to the start of any grinding or any excavation, the Contractor shall be responsible for notifying Underground Services Alert (USA) at least 5 days prior to beginning underground work so that existing utilities can be marked in the field. The Contractor is responsible for the location of all utilities, both public and private. Contractor shall give specific address for grinding or excavation location. Each location shall be marked by the Contractor in the field with white paint. Invitation for Bid (IFB) Package 95 Rev. June 2014 PART 5 GENERAL CONDITIONS

114 The Contractor shall acknowledge that the marking of underground utilities is only approximate, and he shall take all necessary precautions to avoid damaging these utilities All Underground Services Alert marking shall be removed by the Contractor. Any utilities damaged or altered in any way during the performance of the work under this contract shall be promptly reported to the Engineer, and shall be restored to their original condition at the Contractor's expense If the Contractor comes into contact with any existing utilities during his operations, he shall notify the Engineer before proceeding with the work involved Pursuant to Government Code Section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor shall immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site, if such utilities are not identified in the Contract Documents. Contractor shall be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans or specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City s failure to provide for removal or relocation of such utility facilities. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER Construction City and the Construction Manager will provide administration of the Contract as provided in the Contract Documents No actions taken by City, Construction Manager or Design Consultant shall relieve Contractor of its obligations described in the Contract Documents The Construction Manager will be present on the Site during the performance of the Work primarily for the purposes of providing administration, inspection and expediting communications between City, Design Consultant and Contractor Neither City, Design Consultant nor Construction Manager will have control over, will be in charge of, or will be responsible for construction means, methods, techniques, safety, sequences or procedures or for safety precautions and programs in connection with the Work, all of which are the sole responsibility of Contractor. Invitation for Bid (IFB) Package 96 Rev. June 2014 PART 5 GENERAL CONDITIONS

115 4.1.5 Unless otherwise provided in the Contract Documents or when direct communications have been specifically authorized, communications between Contractor and City or Design Consultant shall be in writing through Construction Manager. Communications by Contractor or Subcontractors and with Separate Contractors shall be through the Construction Manager. Contractor shall not rely on oral or other non written communications Based on the Construction Manager s Site visits and evaluations of Contractor's Applications For Payment, the Construction Manager will review and recommend to City for City approval the amounts, if any, due Contractor Construction Manager will make recommendations to City to reject the Work, or any portion thereof, which does not conform to the Contract Documents. City alone shall have the authority to stop the Work or any portion thereof. Whenever City considers it necessary or advisable, City will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed or completed. However, no authority of City conferred by the Contract Documents nor any decision made in good faith either to exercise or not exercise such authority, nor any recommendation by the Construction Manager, shall give rise to a duty or responsibility of City or the Construction Manager to Contractor or its Subcontractors Construction Manager s authority includes, but is not limited to the following:.1 Conduct or direct inspections to determine suitability of the Project or portion thereof for Beneficial Occupancy..2 Assist City in determining the dates of Substantial Completion and Final Completion;.3 Review any records, written warranties and related documents required by the Contract Documents and assembled by Contractor; and.4 Make recommendations to City for issuance of Final Payment upon Contractor's compliance with the requirements of the Contract Documents City, with the assistance of recommendations from the Design Consultant and/or Construction Manager, shall be the ultimate interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Contractor. Such decisions by City will be final and binding upon Contractor. 4.2 CLAIMS Accrual of Claim. A Claim accrues and arises upon issuance of a decision by the City or Construction Manager denying, in whole or in part, a Change Order Request, which was previously submitted in compliance with these Contract Documents. A Claim that demands an extension of time or an increase in the Contract Sum does not accrue unless Contractor has previously submitted such demand(s) in a Change Order Request. Invitation for Bid (IFB) Package 97 Rev. June 2014 PART 5 GENERAL CONDITIONS

116 4.2.2 Claims must be submitted in writing. All Claims and all supporting documentation and certifications, as further detailed below, must be filed within fourteen (14) Days after the Claim arises. Any Claim which is not submitted prior to Final Payment is deemed waived A Claim must include the following:.1 A statement that it is a Claim and must clearly specify the amount with respect to Claims for payment, and must specify the days with respect to Claims for an extension of the Contract Time;.2 A detailed description of the act, error, omission, Differing Site Condition, event or other circumstance giving rise to the Claim; and.3 A statement demonstrating that a Change Order Request was submitted in a timely manner as required by Section 7.2 of these General Conditions..4 All documents necessary to substantiate the Claim, including, without limitation: (i). (ii). (iii). A detailed cost breakdown in the form required for submittal of Change Order Requests and subject to the provisions in Article 7 of these General Conditions prohibiting adjustment to the Contract Sum be based upon any methodology such as total cost or modified total cost methodologies that purports to calculate Contractor s additional costs based on the difference between Contractor s Bid and Contractor s actual cost to perform the Work. Copies of actual job cost records demonstrating that the costs have been incurred. If the Claim is based on an error, omission, conflict or ambiguity in the Contract Documents: (i) a sworn statement by Contractor and any Subcontractor involved in the Claim, to the effect that the error, omission, conflict or ambiguity was not discovered prior to submission of the Bid, and (ii) if not discovered, a statement demonstrating that the error, omission, conflict or ambiguity could not have been discovered by Contractor, its Subcontractor(s) or in exercise of the degree of care required of them under the Contract Documents for review of the Contract Documents prior to submission of the Bid..5 If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents..6 A written certification signed by a responsible managing officer of Contractor s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form: Invitation for Bid (IFB) Package 98 Rev. June 2014 PART 5 GENERAL CONDITIONS

117 I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of and that I have reviewed the Claim presented herewith on Contractor s behalf and/or on behalf of and that the following statements are true and correct. (i) accurate; and, The facts alleged in or that form the basis for the Claim are true and (ii) Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (iii) Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (iv) Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor involved in the Claim) and confirmed on an event by event basis that the delays or disruption suffered by Contractor and /or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, (v) Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim. Signature: Name: Title: Company: Date: Failure to submit any of the information, documentation or certifications required herein shall result in the Claim being returned to Contractor without any obligation for the City to take further action. by City Claims shall be first submitted to City via the Construction Manager for decision Notwithstanding the submission of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents. Invitation for Bid (IFB) Package 99 Rev. June 2014 PART 5 GENERAL CONDITIONS

118 4.2.8 No Claim may be asserted unless Contractor has strictly complied with the requirements of Section 4.2 of these General Conditions, which shall be considered conditions precedent to Contractor s rights to assert the Claim and to initiate the Contract Dispute Resolution Process set forth below with respect to such Claim Claims less than $50,000 shall be responded to by City in writing within forty five (45) Days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) Days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) Days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater Claims of $50,000 or greater shall be responded to by City in writing within sixty (60) Days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) Days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) Days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater If Contractor disputes City s response, or if City fails to respond within the prescribed time set forth above, Contractor may so notify City, in writing, within fifteen (15) Days of City s response or within fifteen (15) Days of City s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand, City shall schedule a meet and confer conference within thirty (30) Days (unless such time is extended by mutual agreement) for discussion of settlement of the dispute If the Claim is not fully resolved during the meet and confer conference, as to those portions of the Claim which remain in dispute, Contractor commence the Contract Dispute Resolution Process set forth below by filing a Statement of Contract Dispute with the City within thirty (30) Days after receipt of City s written response to the Claim, or within thirty (30) days following the meet and confer conference if the parties have participated in a meet and confer conference. If Contractor fails to submit a Statement of Contract Dispute within the applicable thirty (30) day period, City s written response will become final and binding upon Contractor, and Contractor shall be deemed to have waived and release any further right to pursue the Claim The Claim procedures set forth herein do not apply to the following: (i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency. (ii) Tort claims for personal injury or death. Invitation for Bid (IFB) Package 100 Rev. June 2014 PART 5 GENERAL CONDITIONS

119 (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor. (v) Stop notices. (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents. 4.3 RESOLUTION OF CONTRACT DISPUTES. Contract Disputes shall be resolved by the parties in accordance with the Contract Dispute Resolution Process set forth in this Section 4.3 of the General Conditions in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Contract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of Contractor and City for such Contract Disputes. following: (i) (ii) (iii) (iv) (v) (vi) Non Contract Disputes. Contract Disputes shall not include any of the Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency; Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub subcontractors of any tier; False claims liability under California Government Code Section 12650, et. seq.; Defects in the Work first discovered by City after Final Payment by City to Contractor; Stop notices; or The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents Litigation, City Election. Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City s right under Paragraph to defer resolution and final determination until after Final Completion of the Work. Invitation for Bid (IFB) Package 101 Rev. June 2014 PART 5 GENERAL CONDITIONS

120 4.3.3 Submission of Contract Dispute..1 By Contractor. Contractors may commence the Contract Dispute Resolution Process upon City's written response denying all or part of a Claim pursuant to Section 4.2 of the General Conditions. Contractor shall submit a written Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after receipt of City s written response to the Claim, or within thirty (30) days following the meet and confer conference if the parties have participated in a meet and confer conference. Failure by Contractor to submit its Statement of Contract Dispute in a timely manner shall result in City s decision by City on the Claim becoming final and binding. Contractor s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time. The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim, in compliance with the Change Order Request requirements set forth herein..2 By City. City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. City may also assert a Contract Dispute in response to a Contract Dispute asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events..3 Contract Dispute Resolution Process. The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, and good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process Direct Negotiations. Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City ( Pass Through Claim ), then the Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or any party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and Invitation for Bid (IFB) Package 102 Rev. June 2014 PART 5 GENERAL CONDITIONS

121 4.3.5 Deferral of Contract Disputes. Following the completion of the negotiations required by Paragraph 4.3.4, above, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City s right, in its sole and absolute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provision for deferring final determination and resolution of unresolved Contract Disputes until after Final Completion Mediation. If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph 4.3.4, above, the parties shall submit the Contract Dispute to non binding mediation before a mutually acceptable third party mediator..1 Qualifications of Mediator. The parties shall endeavor to select a mediator who is a retired judge or an attorney with at least five (5) years of experience in public works construction contract law and in mediating public works construction disputes. In addition, the mediator shall have at least twenty (20) hours of formal training in mediation skills..2 Submission to Mediation and Selection of Mediator. The party initiating mediation of a Contract Dispute shall provide written notice to the other party of its decision to mediate. In the event the parties are unable to agree upon a mediator within fifteen (15) Days after the receipt of such written notice, then the parties shall submit the matter to JAMS at its San Francisco Regional Office for selection of a mediator in accordance with the current Mediation Rules, except that if any such Mediation Rules conflict with or are inconsistent with provisions of these Contract Documents, the provisions of the Contract Documents shall control..3 Mediation Process. The location of the mediation shall be at the offices of the mediator or City, at the City s election. The costs of mediation shall be shared equally by the parties. The mediator shall provide an independent assessment on the merits of the Contract Dispute and recommendations for resolution. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and If the mediator declares that the parties are at impasse and notifies the parties in writing that the mediation has concluded, Contractor may, within sixty (60) days thereafter, submit a written request that those portions of its Claim that remain unresolved be submitted to binding arbitration as set forth below. If Contractor fails to request binding arbitration within the 60 day period, its Claim shall be deemed waived Binding Arbitration..1 Process. Any Claim submitted for binding arbitration, as set forth above, shall be determined by arbitration at the San Francisco JAMS offices, and administered by JAMS pursuant to its Engineering and Construction Arbitration Rules & Procedures for Expedited Arbitration. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction within Santa Clara County, and no other place. Invitation for Bid (IFB) Package 103 Rev. June 2014 PART 5 GENERAL CONDITIONS

122 .2 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 4.3. Contractor shall include this provision in its contracts with its Subcontractors who provide any portion of the Work Non Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or compromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to Contractor s failure to comply with the Contract Documents, including, without limitation, Contractor s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims. ARTICLE 5 SUBCONTRACTORS 5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS Contractor shall comply with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 through Nothing herein shall be deemed to entitle Contractor, without the written approval of City, to substitute other Subcontractors for those named in Contractor's List of Subcontractors contained in the completed Bid; and, except with such approval, no such substitution shall be made. Should Contractor violate any of the provisions of the Subletting and Subcontracting Fair Practices Act, such violation shall be deemed a violation of the Construction Contract, entitling City, without limitation to any other rights or remedies under the law, to suspend or terminate the Construction Contract Except as hereinafter provided, any increase in the cost of the Work or Contract Time resulting from the replacement or substitution of a Subcontractor, shall be borne solely by Contractor and without any adjustment in Contract Sum or Contract Time. Invitation for Bid (IFB) Package 104 Rev. June 2014 PART 5 GENERAL CONDITIONS

123 5.1.3 Where a hearing is held pursuant to the provisions of Chapter 2, Division 5, Title 1 of the Public Contract Code (commencing with Subparagraph 4100), by the awarding authority or a duly appointed hearing officer, City s representative shall prepare and certify a statement of all costs incurred by City for investigation and conduct of the hearing, including the costs of any hearing officer and reporter appointed. The statement shall then be sent to Contractor who shall reimburse City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to Contractor. 5.2 SUBCONTRACTOR RELATIONS Prior to the execution of each subcontract agreement, Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents. Contractor must incorporate the terms of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms of these Contract Documents, including, but not limited to, the provisions for dispute resolution. Within thirty (30) Days of the Notice To Proceed, Contractor shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor s name, address, telephone and facsimile numbers, form for doing business (i.e, sole proprietor, corporation, partnership), point of contact and Subcontractor s license classification and number Any part of the Work performed for Contractor by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor: (i) Perform the Work in accordance with the terms of the Contract Documents. (ii) (iii) (iv) (v) (vi) Assume toward Contractor all the obligations and responsibilities which Contractor assumes towards City by the Contract Documents. Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by Contractor or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions. Afford City and entities and agencies designated by City the same rights and remedies with respect to access to and the right to audit and the right to copy at City's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion. Recognize the rights of City under Section 5.3 of the General Conditions, Contingent Assignment of Subcontracts, including, without limitation, City s right to elect to accept assignment of the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by City, to execute a written agreement on terms acceptable to City confirming that the Subcontractor is bound to City under the same terms as the subcontract. Invitation for Bid (IFB) Package 105 Rev. June 2014 PART 5 GENERAL CONDITIONS

124 (vii) (viii) (ix) (x) Submit Applications for payment, requests for Change Orders and extensions of time and Claims, and to comply with all other notice and submission requirements of the Contract Documents, sufficiently in advance to allow Contractor time to comply with its obligations under the Contract Documents. Purchase and maintain insurance in accordance with the requirements of the Contract Documents and reserving the right to Owner to purchase, in its sole discretion, such insurance pursuant to an Owner Controlled Insurance or other form of wrap up program. Provide the same defense indemnification of the City as is required of the Contractor. Agree to participate in the dispute resolution procedures specified in the Construction Contract, at the election of City Contractor shall promptly, after execution, furnish to City true, complete, and executed copies of all subcontracts, and any change orders and modifications thereto. Progress payments shall not be made for items of Work for which City has not received executed subcontracts and, if applicable, Change Orders Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Section 5.3, Contingent Assignment of Subcontracts. Notwithstanding the foregoing, City is deemed a third party beneficiary of each subcontract agreement City and the Construction Manager shall have the right to communicate with Contractor s Subcontractors with respect to matters that are related to Contractor s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such Subcontractor. 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS In the event of any suspension or termination of the Construction Contract, Contractor is hereby deemed to have offered to assign to City all its interest in contracts with Subcontractors now or hereafter entered into by Contractor for performance of any part of the Work. The assignment will be effective upon acceptance by City in writing and only as to those contracts which City designates in writing. City may accept, at its sole election, said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Contractor's rights under the Contract Documents. Such assignment is part of the consideration to City for entering into the Contract with Contractor and may not be withdrawn prior to Final Completion. 5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor s Subcontractors. Invitation for Bid (IFB) Package 106 Rev. June 2014 PART 5 GENERAL CONDITIONS

125 ARTICLE 6 CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS 6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Site, including portions of the Work which have been deleted by modification. Contractor shall cooperate with City's forces and Separate Contractors City shall provide coordination of the activities of City forces and of each Separate Contractor with the Work of Contractor. Contractor shall participate with City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Contractor shall make necessary revisions to the Construction Schedule after such joint review Without limitation upon any of the rights or remedies of City under the Contract Documents or under law arising from a default by Contractor, in the event that Contractor fails to have personnel on Site to supervise the Work, City shall have the right, in its sole discretion, but not the responsibility, upon twenty four (24) hours telephonic notice to Contractor, to provide such supervision on a temporary basis. Contractor shall, notwithstanding City s providing such temporary supervision, remain solely responsible for all actions of its personnel and Subcontractors and shall defend and indemnify City in accordance with the Construction Contract against any Losses arising therefrom. City shall have the right, in its discretion, to deduct from the sums owing to Contractor the reasonable cost of such temporary supervision. 6.2 MUTUAL RESPONSIBILITY Contractor shall be responsible for affording Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Contractor shall schedule and coordinate its construction and operations with the construction and operations of Separate Contractors as required by the Contract Documents If a portion of the Work is dependent upon the proper execution or results of other construction or operations by Separate Contractors, Contractor shall inspect such other construction or operations before proceeding with its portion of the Work. Contractor shall promptly report to City apparent discrepancies or defects which render the other construction or operations unsuitable to receive the Contractor s Work. Unless otherwise directed by City, Contractor shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Contractor to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable In the event of Delays, improperly timed activities or Defective Work by the Contractor or the Separate Contractors, the costs of such occurrences shall be borne by the party responsible therefor If Contractor wrongfully causes damage to completed or partially completed construction or to property of City or Separate Contractors, Contractor shall promptly remedy damage as provided in Paragraph 12.2 of these General Conditions If a dispute, or other matters in question arise between Contractor and a Separate Contractor, these occurrences shall be subject to the provisions of Section 4.2 and 4.3 of the General Conditions. Contractor shall immediately notify the Construction Manager in writing of such occurrences. Invitation for Bid (IFB) Package 107 Rev. June 2014 PART 5 GENERAL CONDITIONS

126 6.3 CITY S RIGHT TO CLEAN UP If a dispute arises between Contractor and Separate Contractors as to the responsibility under their respective contracts for maintaining the Site and surrounding areas free from waste materials and rubbish, City may clean up and allocate the cost between those firms it deems, in its sole discretion, to be responsible. ARTICLE 7 CHANGES 7.1 CHANGES City may, at any time and without notice to Contractor s sureties, order Changes in the Work without invalidating the Construction Contract and without relieving Contractor s sureties of their obligations to City City shall receive a deductive adjustment in the Contract Sum for Changes that result in a reduction in the cost to perform the Work and shall be entitled to an adjustment reducing the Contract Time for Changes that enable the Contractor to complete the Work earlier than the Contract Time Unless such rights have been waived and provided that Contractor has complied with the requirements of the Contract Documents with respect to, without limitation, complete and timely submission of all notices, requests and supporting documentation, Contractor shall receive an additive adjustment to the Contract Sum for Changes that increase the cost to perform the Work and/or an adjustment extending the Contract Time for Excusable Delay (subject to offset for concurrent Unexcused Delay) Contractor shall not be entitled to an adjustment of the Contract Sum or Contract Time for Changes that are not authorized by an Approved Change Order or Field Order signed by City or Construction Manager. All Changes in the Work that are the basis of an adjustment to the Contract Sum or Contract Time must be authorized in advance, in writing, by City or Construction Manager. Accordingly, no verbal directions, course of conduct between the parties or express or implied Acceptance of Changes or Work, and no claim that the Owner has been unjustly enriched (whether or not there has been such enrichment) shall be the basis for an adjustment to the Contract Sum or Contract Time if Contractor has not obtained advance written authorization to perform the Change in the manner required herein City or the Construction Manager may authorize and direct Changes by requesting that Contractor submit a Change Order Request or by issuing a Field Order. A Field Order may be issued to direct performance of Work under the following circumstances:.1 When there is a dispute as to whether or not the Work described therein constitutes or includes a Change or Extra Work,.2 When there is a dispute regarding the basis or amount of compensation for Changed or Extra Work,.3 When there is a dispute regarding whether or how the Contract Time should be adjusted, or.4 As otherwise deemed necessary by City to ensure the timely performance of the Work and timely completion of the Project. Invitation for Bid (IFB) Package 108 Rev. June 2014 PART 5 GENERAL CONDITIONS

127 The purpose of a Field Order is to ensure the timely performance of the Work and timely completion of the Project, and issuance of a Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work if that is in fact not the case City can make whatever Changes that it determines in its sole discretion are necessary and in its best interests and under no circumstances shall the number (individual or cumulative value) or scope of Changes become a basis for Contractor to claim that the Construction Contract has been rescinded, terminated, abandoned or should be reformed nor shall such circumstances be the basis for Contractor, or any Subcontractor to recover any compensation or damages not permitted by, or in excess of that allowed under, the Contract Documents City shall have authority to order minor Changes in the Work that do not increase the cost or time to perform the Work, and which are consistent with the intent of the Contract Documents. Such changes may be directed by a Field Order, and shall be binding on City and Contractor. Contractor shall carry out such written orders promptly. 7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS Contractor may request adjustments to the Contract Sum or Contract Time or the terms of a Field Order by submitting a written Change Order Request if, and only if, Contractor follows the procedures specified in the Contract Documents, including, without limitation, the procedures set forth in this Section 7.2. A Change Order Request must be submitted within ten (10) Days after the occurrence of the circumstances giving rise thereto. At the City s election, the Contractor shall submit all Change Order requests on a form prepared by the City. The Change Order Request must clearly describe the circumstances that are the basis of the Change, with reference, to the particular provisions of the Contract Documents involved, and also to all other directly relevant documents, including, but not limited to, related Requests for Information and responses thereto, and Field Orders. A Change Order Request seeking an adjustment to the Contract Sum must identify the proposed basis of compensation, the amount of the requested adjustment, and a detailed breakdown of the amount requested. A Change Order Request seeking an adjustment to the Contract Time must include all information required by the Contract Documents, including, but not limited to strict compliance with Section 8.5 of the General Conditions pertaining to requests for extension of Contract Time. A request for an extension of Contract Time must be accompanied by a "Fragnet" or time impact analysis," which identifies all critical and noncritical activities affected by the Change Order Request and showing logic ties into all existing affected activities noted on the latest approved, updated Construction Schedule. Change Order Requests must be submitted to the Construction Manager. Incomplete Change Order Requests or requests that are not submitted on the City s Change Order Request Form will be returned without review Adjustments to the Contract Sum, whether increases or decreases, shall be computed at City's sole election on the basis of one or more of the following methods:.1 Unit Pricing: Unit prices stated in the Contract Documents or agreed upon by City and Contractor, which shall be deemed to include all Allowable Costs, Contractor Markup and Subcontractor Markup. Invitation for Bid (IFB) Package 109 Rev. June 2014 PART 5 GENERAL CONDITIONS

128 .2 Lump Sum Pricing: A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs, Contractor Markup, and Subcontractor Markup computed in accordance with this Section..3 Time and Materials: Work performed on a time and materials basis shall be calculated as the sum of Allowable Costs, plus applicable Contractor Markup, as set forth herein.. The above methods are the exclusive methods for calculating adjustments to the Contract Sum. Under no circumstances will adjustment to the Contract Sum be based upon any methodology such as total cost or modified total cost methodologies that purports to calculate Contractor s additional costs based on the difference between Contractor s total actual Project or line item costs and its original bid estimate for the Project or any original bid estimate line item Changes involving Extra Work that City elects to have performed on a time and material basis, whether performed by Contractor's forces or the forces of Subcontractors, shall be compensated by an increase in the Contract Sum based on actual Allowable Costs and applicable Markup, as set forth herein. When Work is performed on a time and material basis, by Contractor or any of its Subcontractors, Contractor shall submit on a daily basis to the Construction Manager daily time and material tickets which include the identification number assigned to the Change; the location and description of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented (not tools); and such other receipts, invoices, or other evidence of cost as the Construction Manager may require. The Construction Manager may require authentication of all time and material tickets and invoices by persons designated by the Construction Manager for such purpose. The failure of Contractor to provide any required authentication shall, if City elects to treat it as such, constitute a waiver by Contractor of any right to adjustment of the Contract Sum for the cost of all or that portion of the Extra Work covered by a non authenticated ticket or subsequent invoice. The adjustment to the Contract Sum for the Extra Work will be based on the total sum of Allowable Costs for performance of that Extra Work and applicable Markup as provided herein Allowable Costs include and are limited to the sum of direct, actual costs necessarily incurred by Contractor and any Subcontractors that actually perform Extra Work, and are strictly limited to the following:.1 Labor. The actual costs for straight time (and the premium time portion of overtime, if approved in writing in advance by City or the Construction Manager) wages or salaries for employees performing the Extra Work, whether at the Site, or at fabrication sites off the Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," of payroll, taxes and insurance, health and welfare pension, vacation, apprenticeship funds, and other direct costs required by Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of employees with a labor classification, which would increase the Allowable Costs will not be permitted unless Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be payable under this Paragraph only when such costs are not included in the invoice for equipment rental. Invitation for Bid (IFB) Package 110 Rev. June 2014 PART 5 GENERAL CONDITIONS

129 .2 Material. The actual cost of materials, supplies and consumable items which are required for the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, including sales tax, freight and delivery. City reserves the right to approve materials and sources of supply, or to supply materials to Contractor, if necessary, for the Work. No Markup shall be applied to any material provided by City. Material re stocking charges shall be limited to 5% of the amount of material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and Contractor shall make provision so that they may be obtained..3 Tool and Equipment Rental. Rental charges actually incurred for necessary machinery and equipment, whether owned or hired, as authorized in writing by City or the Construction Manager, exclusive of hand tools. No payment will be made for the use of tools that have a replacement value of $500 or less. When the equipment is owned by Contractor, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date the Work is accomplished. When equipment is not listed in said publication, the rate to be paid shall be as herein defined, or a suitable rental rate for such equipment will be established by the Construction Manager. Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals. If equipment is used intermittently, when not in use it shall be returned to its rental source unless Contractor elects to keep it at the Site at no expense to City. The reported rental time for equipment already at the Site shall be the duration of its use on the Extra Work, commencing at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site..4 Royalties and Permits. Costs of royalties and permits solely related to the Extra or Deleted Work..5 Insurance and Bonds. Additional costs of insurance and bonds, not to exceed two percent (2%) of the total of Parts.1 through.4, above Allowable Costs shall not include any of the following, which are deemed to be included in Contractor's Markup: (i) (ii) (iii) (iv) (v) Superintendent(s) Assistant Superintendent (s) Project Engineer(s), Assistant Project Engineer(s). Project Manager(s), Assistant Project Manager(s). Scheduler(s), Administrative Assistant(s), Health and Safety personnel. (vi) (vii) Estimator(s), Clerk(s), Secretary(s), Accountant(s) or any Home Office personnel. Drafting or detailing. Invitation for Bid (IFB) Package 111 Rev. June 2014 PART 5 GENERAL CONDITIONS

130 (viii) Small tools (with a replacement value under $500). (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) Home or field office expenses, including staff, materials, and supplies. Trailer or storage rental and expense, whether on the Site or off the Site. Data processing personnel and equipment. Site fencing. Utilities, including, without limitation, gas, electric, sewer, water, telephones. Telephone, cell phone, radios, computer, tablet devices, facsimile, e mail and copier. Overhead, administrative, or general expenses of any kind. Loss of efficiency or productivity, or other impact cost due to the effect of the Extra Work on the performance of other Work or the Work of other trades on the Project. Capital expenses, including interest on capital employed in connection with Extra Work. (xviii) Legal costs. (xix) (xx) Federal, State, or local income and franchise taxes. Profit. (xxi) (xxii) Costs incurred more than twenty (20) Days prior to submission of a Change Order Request seeking compensation for those costs. Cost of any item not specifically and expressly included in Allowable Costs Contractor Markup for Extra Work is to be calculated as ten percent (10%) of the Allowable Costs Contractor or Subcontractor actually incurred to perform the Work with its own forces. Subcontractor Markup by Contractor for Extra Work performed by Subcontractor is to be calculated as fifteen percent (15%) of the total Subcontractor Allowable Costs incurred for Extra Work. The total amount of markup for Extra Work may not exceed twenty five percent (25%) of the total Allowable Costs Change Order Requests or requests for payment for time and material work directed by a Field Order must include a complete breakdown of actual costs, including credits, and shall itemize all Allowable Costs, subcontract costs if applicable, Contractor Markup, and Subcontractor Markup if applicable. All claimed costs must be fully documented and objectively verifiable. In connection with the foregoing, Contractor must generate and maintain complete and accurate cost accounting records that will reflect:.1 The actual Allowable Costs incurred or saved for each individual item of Extra Work or Deleted Work, and.2 On an event by event basis, the effect of each Delay that forms the basis of any request for extension of time, regardless of scope, number, complexity, cumulative effect or time of issuance or occurrence. Invitation for Bid (IFB) Package 112 Rev. June 2014 PART 5 GENERAL CONDITIONS

131 7.2.8 The Contract Sum will be adjusted for direct Allowable Costs incurred due to Excusable Delay only if and to the extent allowed by the Contract for Compensable Delay. Such adjustments in the Contract Sum shall be Contractor s sole and exclusive remedy and recovery for Excusable Delay, including any alleged disruption, hindrance, interference, loss of productivity, labor or material cost escalations, inefficiency, acceleration, impact costs, extended or extraordinary overhead (direct or indirect), home office overhead, or other Losses or damages due to Delay, of any kind City has the right to increase or decrease the quantity of any unit price item for which an estimated quantity is stated in the Contract Documents, and the Contract Sum will be adjusted accordingly Allowance Adjustments: An Allowance is an amount included in the Bid for Work that may or may not be included in the Project, depending on conditions that will not become known until after Bid time. If the Contract Sum includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the stated amount, the Contract Sum shall be increased or decreased accordingly by the amount of the difference. The Contract Sum shall also be adjusted by the amount of any unused Allowance that was specifically and expressly included in the original Contract Sum Change Orders: Approved Change Order Requests and Changes directed by a Field Order, including adjustments to Contract Sum and Contract Price, shall be incorporated into a Change Order for approval by the City. City shall prepare each Change Order for execution by Contractor and the City. Change Orders shall be in substantially the same form as Attachment B to the General Conditions. An Approved Change Order becomes binding upon City and Contractor when fully executed by both parties. Full execution of a Change Order is deemed full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by the Change Order, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including, without limitation, all Claims, costs or damages for Delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity, labor or material cost escalations, inefficiency, the impact of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or other related Claims, costs or damages. Change Orders shall be executed by Contractor in the form approved by the City Council or its authorized designee, and without any express reservation of rights by Contractor to reserve for the future the right to assert or recover from City any such Claims, costs or damages If Contractor fails to timely execute a Change Order, the City may unilaterally approve the Change Order to increase the Contract Sum and/or to extend the Contract Time. Contractor may dispute the terms of a unilaterally approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14 day period, with respect to all or part of the unilaterally approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above. Invitation for Bid (IFB) Package 113 Rev. June 2014 PART 5 GENERAL CONDITIONS

132 7.3 FIELD ORDERS A Field Order will include a description of the Work to be performed, and the selected basis for adjusting the Contract Sum (increase or decrease) as set forth herein (i.e., unit pricing if applicable, lump sum, or time and materials). A Field Order may or may not include the total amount of the City s proposed adjustment to the Contract Sum or Contract Time, and may also include a not to exceed limit for any increases to the Contract Sum. Upon receipt of a Field Order, Contractor shall, within a reasonable time, proceed with the Work described in the Field Order. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of the Field Order by submitting a Change Order Request within ten (10) Days following issuance of the disputed Field Order. Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of the Field Order shall be deemed full acceptance of and agreement to all of the terms of the Field Order, and a release and waiver of any right to subsequently dispute any or all of the terms of that Field Order. Field Orders shall be in substantially the same form as Attachment A to the General Conditions. 7.4 DISPUTES REGARDING CHANGES No dispute, disagreement, nor failure of the parties to reach agreement regarding the amount, if any, of any adjustment to the Contract Sum or Contract Time, shall relieve Contractor from the obligation to proceed with performance of the Work, including, without limitation, performance of Work directed by a Field Order or as modified by a Change Order, promptly and expeditiously. Contractor shall not delay, slow, interrupt, or suspend the performance of any Work or any Change because of a dispute between the parties, including, but not limited to, disputes pertaining to an adjustment in the Contract Sum or Contract Time. If Contractor disputes the rejection of any Change Order Request in whole or in part, Contractor s exclusive remedy is to submit a Claim in compliance with the Dispute Resolution Procedures set forth in Article 4 herein. ARTICLE 8 CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK Commencement of the Work shall begin on the date specified in the Notice to Proceed. 8.2 PROGRESS AND COMPLETION Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time..1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. Invitation for Bid (IFB) Package 114 Rev. June 2014 PART 5 GENERAL CONDITIONS

133 .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time..3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time..4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time..5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting. Contractor may also be required to request attendance by representatives of Contractor s suppliers, manufacturers and Subcontractors Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures During unfavorable weather, wet ground or other unsuitable construction conditions, Contractor shall confine the operations to Work that will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality thereof or be detrimental to the quality of water discharges, unless special means or precautions are taken by Contractor to perform the Work in a proper and satisfactory manner. 8.3 CONSTRUCTION HOURS Work shall be performed during the hours of 8:00 AM to 6:00 PM Monday through Friday and 9:00 AM to 6:00 PM on Saturday, unless otherwise specified in the Special Provisions or approved in writing by the City Engineer. Construction is prohibited on Sundays and holidays defined in Section 8.4 below. 8.4 HOLIDAYS No work may be performed on the City holidays identified: January 1 (New Year s Day) Invitation for Bid (IFB) Package 115 Rev. June 2014 PART 5 GENERAL CONDITIONS

134 Third Monday in January (Martin Luther King Day) Third Monday in February (Washington s Birthday) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) Second Monday in October (Columbus Day) November 11 (Veteran s Day) Fourth Thursday in November (Thanksgiving Day) Day after Thanksgiving December 25 (Christmas Day) In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the above days falls on a Saturday, then the preceding Friday shall be considered a holiday. 8.5 DELAY Contractor may request an extension of the Contract Time for an Excusable Delay or a Compensable Delay, subject to the following:.1 In order to avoid double counting concurrent Delays, if an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first Delay to the cessation of the Delay which ends last..2 If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcused Delay..3 If an Unexcused Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the number of Days of Excusable Delay, as determined pursuant these General Conditions, exceeds the number of Days of the Unexcused Delay As a condition precedent to Contractor's right to an extension of Time adjusting the Contract Time and the Contract Sum for Compensable Delay, Contractor must provide written notice to City within ten (10) Days of the date that Contractor learned of the Delay or should have learned of the Delay in exercise of diligence and reasonable care, setting forth: (i) (ii) A description of the Delay; A statement that the Delay is critical to completion; and (iii) The probable effect of the Delay in terms of the number of Days' extension Contractor believes are required to the Contract Time. The written notice required by this Paragraph is necessary for City to adequately monitor the progress of the Work, to differentiate between critical and non critical Delays, and to prioritize its actions in a manner that is appropriately targeted to mitigate the effect of Delays. Accordingly, Contractor s failure to provide written notice in the manner required by this Paragraph shall constitute Contractor s waiver of the right to an adjustment of the Contract Sum and Contract Time on account thereby, regardless of whether Invitation for Bid (IFB) Package 116 Rev. June 2014 PART 5 GENERAL CONDITIONS

135 the circumstances of the Delay may have been known or suspected by City or the Construction Manager and that no other form of notice (including, without limitation, meeting minutes, log entries or schedule updates) shall suffice as constituting notice to City in accordance with this Paragraph Adequate supporting data for a request for extension of time shall include both of the following: (i) (ii) All relevant scheduling data including a Fragnet, and A detailed, event by event description of the impact of each event on completion of Work. Documentary support for any related increase in the Contract Sum must include both of the following: (a) A detailed cost breakdown, and (b) Supporting cost data in such form and including such information and other supporting data as required for submission of Change Order Requests City may order Changes, whether or not resulting in Extra Work and regardless of the extent and number of Changes, or may suspend the Work The determination of whether a Delay is an Excusable Delay, Compensable Delay or Unexcused Delay shall not be affected by the fact that any earlier Delay occurred, regardless of fault or causation All time limits stated in the Contract Documents are of the essence Excusable Delay means any Delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor or its Subcontractors, such as, but not limited to: war, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions that are unusual and unseasonable and in which the Work cannot continue. Without limitation to the foregoing, the financial inability of Contractor or any Subcontractor, shall not be deemed conditions beyond Contractor's control or foreseeability. Contractor may claim an Excusable Delay only if all Work on a critically scheduled activity is stopped for more than six (6) hours of a normal eight (8) hour work day, or if three to six hours are lost in one work day, then it may be claimed for one half day Excusable Delay does not include Delay caused by weather conditions which are normal for the location of the Project, as determined by weather records for the preceding five (5) year period Excusable Delay does not include Delay caused by Contractor s failure to order equipment and materials sufficiently in advance of the time needed for the Work Excusable Delay does not include Delay caused by Contractor s failure to provide adequate notification to utility companies for connections or services necessary for the timely performance and completion of the Work. Invitation for Bid (IFB) Package 117 Rev. June 2014 PART 5 GENERAL CONDITIONS

136 Excusable Delay does not include Delay caused by foreseeable conditions Contractor could have ascertained from reasonably diligent inspection of the Site and/or review of the Contract Documents Compensable Delay means any Excusable Delay to the path of activities that is critical to Contractor s Substantial Completion of the Work within the Contract Time, which Delay is all of the following: (i) Solely due to acts or omissions within the City s control, including but not limited to Changes requested by City that involve Extra Work; (ii) Not due, in whole or in part, to the fault or negligence or breach of Contractor or any Subcontractor; and (iii) Not concurrent with another Excusable Delay or any Unexcused Delay Compensation for delay shall be limited to actual, direct, reasonable, and substantiated Project costs, and shall not include home office overhead, or markup for overhead and profit. 9.1 SCHEDULE OF VALUES ARTICLE 9 PAYMENTS AND COMPLETION Within thirty (30) Days after signing the Contract, but in any event not later than fourteen (14) Days following receipt of the Notice to Proceed, Contractor shall submit to City through the Construction Manager a Schedule of Values reflecting cost breakdown of the Contract Sum in a form approved by the Construction Manager. The Schedule of Values shall itemize as separate line items the cost of each scheduled Work activity and all other costs, including warranties, Record Documents, insurance, bonds, overhead and profit, the total of which shall equal the Contract Sum and shall be made out in a form approved by the Construction Manager. The Schedule of Values, when approved by City, shall become the basis for determining the cost of Work requested on Contractor's Applications For Payment. Contractor shall submit a statement based upon this breakdown, and if required, itemized in such form and supported by such evidence as the Construction Manager may direct, showing Contractor's right to the payment claimed. 9.2 PROGRESS PAYMENT City shall retain five percent (5%) of the undisputed amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and complete performance of the Work. Subject to City s right of withholding under Paragraph of these General Conditions, City agrees to pay to Contractor within thirty (30) Days of receipt of a properly submitted Application for Payment an amount equal to ninety five percent (95%), or a lesser amount if corresponding to a higher retention percentage, if applicable, of the sum of the following, excepting therefrom any amounts which are disputed by City: (i) Construction Manager s determination of the value, expressed as a percentage of the Contract Sum, of the Work in permanent place that has been tested and accepted as of the end of the preceding month. Invitation for Bid (IFB) Package 118 Rev. June 2014 PART 5 GENERAL CONDITIONS

137 (ii) Construction Manager s determination of the value of materials suitably stored but not yet incorporated into the Work, subject to Paragraph of these General Conditions. (iii) Less amounts previously paid At any Time after fifty percent (50%) of the Work has been determined by Construction Manager to be completed, City may in its sole discretion, make any of the remaining progress payments in accordance with the calculation in Paragraph of these General Conditions based on one hundred percent (100%) of City s determination of the value of the Work in place and of stored materials not yet incorporated into the Work Progress payments shall not be construed as City's Acceptance of any or all of the Work and shall not be a waiver of any or all rights City has under the Contract Documents. 9.3 APPLICATION FOR PAYMENT At the end of each month, Contractor shall submit to City an itemized Application for Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph of these General Conditions. The Application for Payment shall be prepared: (i) (ii) Utilizing the format as designated by City or the Construction Manager. Itemized in accordance with the Approved Schedule of Values. (iii) (iv) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. Including such data substantiating Contractor's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason If required by City, an Application for Payment shall be accompanied by all of the following: (i) (ii) A summary showing payments that Contractor will make to Subcontractors covered by such application. Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. Invitation for Bid (IFB) Package 119 Rev. June 2014 PART 5 GENERAL CONDITIONS

138 (iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment Contractor warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work At the sole discretion of City, the Construction Manager may approve for inclusion in Contractor s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, Contractor shall furnish evidence satisfactory to City: (i) Of the cost of such materials. (ii) That such materials are under the exclusive control of Contractor, or if not, that title to the materials is in City s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss. (iii) Photographs of such materials if requested by the City. Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillment by Contractor with all terms of the Contract Documents City shall have the right, in its sole discretion, to make payments of monies owing to Contractor by means of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to Contractor and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor and shall not relieve Contractor of any of its obligations under the Contract Documents If the Contract Sum includes an Allowance from the Bid and the cost of performing the Work covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly. 9.4 CERTIFICATE FOR PAYMENT Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following: (i) Defective Work not remedied or failure to pass required system tests. Invitation for Bid (IFB) Package 120 Rev. June 2014 PART 5 GENERAL CONDITIONS

139 (ii) Third party claims against Contractor or City arising from the acts or omissions of Contractor, or Subcontractors. (iii) Stop notices. (iv) Failure of Contractor to make timely payments due Subcontractors for material or labor. (v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid. Time. (vi) (vii) (viii) Damage to City or Separate Contractor for which Contractor is responsible. Reasonable evidence that the Work will not be completed within the Contract Failure of Contractor to maintain and update As Built or Record Documents. (ix) Failure of Contractor to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents. (x) Performance of Work by Contractor without Approved Submittals. (xi) (xii) Liquidated or actual damages assessed in accordance with the Construction Contract. Any other failure of Contractor to perform an obligation under the Contract Documents Subject to the withholding provisions of Paragraph and when any or all of the noted deficiencies or others have been removed, City shall pay Contractor the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures Neither City nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. construed Neither a Certificate for Payment nor any payment (progress or final) shall be as a waiver of any rights arising from Defective Work City may, at any time, require that payment of any undisputed amount is contingent upon Contractor furnishing City with a release of all claims against City which are related to those undisputed payments. Any disputed amount may be expressly excluded from such release The City may require a tri party agreement among the City, the Contractor, and the Contractor's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security. Invitation for Bid (IFB) Package 121 Rev. June 2014 PART 5 GENERAL CONDITIONS

140 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW At the request and expense of Contractor, a substitution of securities may be made as found in Government Code Section and as authorized by the Public Contract Code Section in lieu of monies retained by City under Section 9.2 of these General Conditions to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Contractor with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the escrow agreement referred to in Paragraph until Final Payment is due in accordance with Section 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Contractor shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention Alternatively to Paragraph of these General Conditions, and at the request and expense of Contractor, City shall deposit retention directly with the Escrow Agent. Contractor may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by the Escrow Agent upon the same terms provided for securities deposited by Contractor A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Contractor, City, and the Escrow Agent of an Escrow Contract for Deposit of Securities in Lieu of Retention and Deposit of Retention forms provided by City. The terms of such escrow agreement are incorporated into the requirements of this Section Release of funds or securities from escrow to Contractor shall be made upon receipt by Escrow Agent of written notification by City that the Contractor has complied with all requirements and procedures applicable to the Contract City has the right to draw upon the securities in the event of default by Contractor, as determined by City pursuant to the provisions of these Contract Documents. Within seven (7) days following receipt of the City s written notice of such default, Escrow Agent must immediately convert the securities to cash and distribute the cash as instructed by City. 9.6 BENEFICIAL OCCUPANCY City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon seven (7) Days notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions:.1 City, Design Consultant and Construction Manager will make an inspection of the portion of the Work to be beneficially occupied and prepare a list of items to be completed or corrected prior to issuing the Certificate of Substantial Completion..2 Beneficial Occupancy by City shall not be construed by Contractor as Acceptance by City of that portion of the Work which is to be occupied. City may, however, at its sole option, relieve Contractor of Contract requirements to protect Work being beneficially occupied by City where such relief is specifically designated by City in writing. Invitation for Bid (IFB) Package 122 Rev. June 2014 PART 5 GENERAL CONDITIONS

141 .3 Beneficial Occupancy by City shall not constitute a waiver of City s right to assess liquidated damages as otherwise provided in these Contract Documents..4 Contractor shall provide, in the areas beneficially occupied and on a continual basis (if required), utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Contractor while the equipment is so operated. Contractor shall submit to City an itemized list of each piece of equipment so operated with the date operation commences..5 The Guarantee to Repair Periods, as defined in Section 12.2 of these General Conditions, will commence upon the first dates of actual occupancy or use of portions of the Work to which the City has taken Beneficial Occupancy and to equipment or systems fully utilized..6 City shall pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied..7 City shall pay all utility costs which arise out of the Beneficial Occupancy..8 Contractor shall not be responsible for providing security in areas beneficially occupied..9 City shall use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Work..10 Contractor shall not be required to repair damage caused by City in its Beneficial Occupancy..11 Except as provided in this Section 9.6 of these General Conditions, there shall be no added cost to City due to Beneficial Occupancy..12 Contractor shall continue to maintain all insurance required by the Contract in full force and effect. 9.7 SUBSTANTIAL COMPLETION When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for Invitation for Bid (IFB) Package 123 Rev. June 2014 PART 5 GENERAL CONDITIONS

142 security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section ), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City. 9.8 FINAL COMPLETION AND FINAL PAYMENT Upon receipt of notice from Contractor that the Work is ready for final inspection, City will make such inspection. City will file a notice of completion with the County Clerk within ten (10) Days after Acceptance by City. Thirty five (35) Days after filing the notice of completion, the City may release the final retention provided the requirements in this paragraph are met Without limitation to any other provisions of the Contract Documents, before Final Payment (including release of undisputed retention) for Work under this Construction Contract is authorized, the Contractor shall have completed the Work in accordance with the Contract Documents and all applicable standards of care and the following requirements of the Contract Documents must be fulfilled by Contractor: (i) (ii) (iii) (iv) (v) (vi) The submittal of an application for Final Payment, together with supporting documentation, as required by Section 9.3 of these General Conditions. Completion and delivery by Contractor to City of all required written guarantees, warranties, operation and maintenance manuals, As Built Documents and other Record Documents, drawings, schedules, certificates and such other documents as required by the Contract Documents. All approvals and acceptances shall have been made pursuant to Applicable Code Requirements. Delivery by Contractor to City of an affidavit, signed under penalty of perjury, stating that all workers and persons employed, all firms supplying the materials, and all Subcontractors have been paid in full; and that there are no bills outstanding against the Work for either labor or materials, except certain items, to be set forth in such affidavit covering disputed claims or items in connection with which notices to withhold have been filed under the provisions of the statutes of the State of California. Completion of all construction Work, including corrective and punch list items, in a manner acceptable to City. All rubbish, tools, scaffolding and surplus materials and equipment have been removed from the Site. Submission of conditional releases of claims and stop notices from Contractor and its Subcontractors with no reservation of rights for disputed claims or amounts. If a Stop Notice(s) is received by the City after the Notice of Completion has been filed and prior to Final Payment, the City may, at its election, withhold the amount specified in the Stop Notice plus reasonable cost of any litigation pursuant to Civil Code Section 9358 from the Final Payment or require the Contractor to supply a stop notice release bond in the amount of 125% of the stop notice amount from a Surety acceptable to the City. Invitation for Bid (IFB) Package 124 Rev. June 2014 PART 5 GENERAL CONDITIONS

143 9.8.3 For purposes of determining the last day for submission of a Claim pursuant to Article 4, the date of Final Payment is deemed to be the date that the City acts to release undisputed retention as part of Final Payment, either by transmitting a written request to the retention Escrow Agent or by transmitting a payment directly to Contractor, whichever occurs first. Acceptance of Final Payment by Contractor shall constitute a complete waiver of all Claims, except those previously made in writing and identified by Contractor as unsettled at the time of the Application for Final Payment Contractor shall pay or cause to be paid to Subcontractors, the amount stated in the conditional releases within five (5) Days after receipt of the Final Payment, and shall promptly thereafter furnish evidence of such payment to City. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS Contractor shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs on the Site in connection with the performance of the Construction Contract, including safety of all persons for the duration of the Work, on a 24 hour day, 7 day week basis Prior to the start of construction, Contractor shall submit to Construction Manager a copy of Contractor's safety program for the Project. A copy of this program shall be maintained on Site at all times. The safety program shall include, at a minimum: below). (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Management policy, illness and injury prevention program (as described Safety meetings. Accident investigation. Basic accident causes. Safety inspection check list. Fire prevention and control. Report forms. Employee safety manual SAFETY OF PERSONS AND PROPERTY The Contractor shall be solely and completely responsible for job site conditions and safety during the life of the contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work At its sole expense, Contractor shall furnish, erect and maintain such temporary fences, barricades, signs, lights, ramps, and temporary construction of whatever nature as may be necessary to provide access to abutting properties and to warn the public of the work in progress and of any dangerous conditions as may exist due to the work in progress. The Contractor's responsibility shall be continuous Invitation for Bid (IFB) Package 125 Rev. June 2014 PART 5 GENERAL CONDITIONS

144 and not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City except that if the City should make partial acceptance of the work, the Contractor's responsibility for the portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty construction The duty of the Construction Manager, its agents, or employees, to conduct construction review of the Contractor's performance and operations is not intended to, and does not include review of or responsibility for the adequacy of the Contractor's safety measures and procedures in, on, or adjacent to the site of the Work Contractor shall protect persons and property on the Site at all times. Contractor shall have available at the Site copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safety Orders" issued by the California Division of Industrial Safety. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations Contractor shall immediately respond to notice from City of unsafe conditions, shall take adequate precautions for safety of persons on the Site, and shall provide adequate protection to prevent injury or Loss to the following: thereby. (i) Employees involved in the Work and other persons who may be affected (ii) The Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of Contractor or Subcontractors. (iii) Other property at the Site and adjoining property(ies) Contractor shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by Contractor or its Subcontractors or anyone for whose acts they may be liable and for which Contractor is responsible Contractor shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection of persons and property, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities When use or storage of hazardous materials, equipment, or unusual methods are necessary for execution of the Work, Contractor shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel Contractor shall be required to provide at the Site a member of Contractor's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site about prevention of accidents and overall jobsite safety. Contractor shall notify City in writing if Contractor replaces the person responsible for safety Contractor shall be responsible for locating, providing, and coordinating the storage and staging of materials and equipment on Site and off Site and shall not load/store or permit any part of the Work on the Site to be loaded/stored so as to endanger the safety of persons or property. Invitation for Bid (IFB) Package 126 Rev. June 2014 PART 5 GENERAL CONDITIONS

145 Contractor shall protect its materials and the Work from damage in a manner satisfactory to City and shall make good, without charge to City, all damage due to negligence in providing proper protection Contractor shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property Contractor shall not permit the possession or use of alcohol or controlled substances on the Site Explosives may be used only when authorized in writing by City. Explosives shall be handled, used and stored in accordance with applicable regulations EMERGENCIES In an emergency affecting the safety of persons or property, Contractor shall immediately act to prevent or minimize damage, injury or loss. Contractor shall immediately notify the Construction Manager and City, which notice may be oral, followed within twenty four (24) hours after occurrence of the incident by written confirmation, of the occurrence of such an emergency and Contractor's action TRENCH SAFETY In accordance with the California Labor Code, where the work will involve trenches five feet or more in depth and the estimated or bid cost of excavation is in excess of $25,000, the Contractor shall submit to and receive from the City of Palo Alto, or its designee, the acceptance of a detailed plan showing design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazards of caving ground. Such plan shall be submitted at least five (5) days before the Contractor intends to begin work on the trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the State of California Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer. The Contractor shall not use shoring, sloping, or protective systems less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. The City shall not be responsible or liable for the safety of such trenching or trenching plans. Whenever the work called for on these plans or contract documents involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or excavations, which are five feet or deeper, bidder shall include as a bid item, the cost of design and construction of adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S INSURANCE Contractors to the City, at their sole expense, shall for the term of the Contract obtain and maintain insurance in the amounts for the coverage specified below, or as modified by the Special Invitation for Bid (IFB) Package 127 Rev. June 2014 PART 5 GENERAL CONDITIONS

146 Provisions (if applicable), afforded by companies with AM Best s Key Rating of A :Vii, or higher, licensed or authorized to transact insurance business in the State of California. REQUIRED TYPE OF COVERAGE REQUIREMENT YES YES YES YES WORKER S COMPENSATION EMPLOYER S LIABILITY GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON OWNED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED ALL DAMAGES EACH OCCURRENCE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 MINIMUM LIMITS $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS COMPENSATION, EMPLOYER S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II. INSURANCE COVERAGE MUST INCLUDE: D. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND E. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR S AGREEMENT TO INDEMNIFY CITY. F. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY S PRIOR APPROVAL. II. III. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS D. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR Invitation for Bid (IFB) Package 128 Rev. June 2014 PART 5 GENERAL CONDITIONS

147 CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. E. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. F. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX PALO ALTO, CA Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days following issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf Subcontractors: Contractor shall include all Subcontractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein At the request of City, Contractor shall submit to City copies of the policies obtained by Contractor. In the event Contractor does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by Contractor and may be deducted from the Contract Sum The requirements of this Section may only be modified in writing by the City s Risk Manager. Invitation for Bid (IFB) Package 129 Rev. June 2014 PART 5 GENERAL CONDITIONS

148 11.2 BOND REQUIREMENTS Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City good and sufficient Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be in substantially the same form as contained in this IFB Packet or such other form as required by City and shall be signed by both Contractor and Surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of this Section No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with the requirements of this Section The Payment Bond shall remain in effect at least until the time for filing a claim on a stop notice has expired pursuant to the California Civil Code. The Performance Bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all Contractor s obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination, such as, but not limited to Contractor s warranty and indemnity obligations Contractor shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted surety that meets the requirements of Code of Civil Procedure Section The premiums for all Bonds are included in the Contract Sum and shall be paid by Contractor The bonds shall name City as obligee Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties City and the Construction Manager shall have the right to communicate with Contractor s sureties with respect to matters that are related to Contractor s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Contract Sum may be required by City. Invitation for Bid (IFB) Package 130 Rev. June 2014 PART 5 GENERAL CONDITIONS

149 ARTICLE 12 DEFECTIVE WORK 12.1 UNCOVERING OF WORK If a portion of the Work is covered contrary to Construction Manager s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at Contractor's expense without adjustment of the Contract Time or the Contract Sum If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD In addition to any specific warranty mentioned in these Contract Documents, the Contractor shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agrees to replace at no expense to the City any and all defective Work or materials which become evident within one (1) year ( Guarantee To Repair Period ), unless a longer period of time is specified in the Special Provisions and Technical Specifications, commencing as follows: (i) (ii) (iii) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion. For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Section 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy. For all Work other than (I) or (ii) above, from the date of filing of notice of completion pursuant to Section 9.8 above Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and (ii) replace, repair, or restore to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or City's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee. Contractor shall notify City upon completion of repairs. Invitation for Bid (IFB) Package 131 Rev. June 2014 PART 5 GENERAL CONDITIONS

150 If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by City, City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Construction Contract. Contractor shall replace, repair or restore to City's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work Contractor shall promptly remove from the Site those portions of the Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City If Contractor fails to commence correction of Defective Work within seven (7) Days as required in Section after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Section 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor's expense If Contractor fails to pay the costs of such removal and storage as required by Paragraphs and within seven (7) Days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City Contractor's obligations under this Article are in addition to and not in limitation of its warranty under Section 3.5 or any other obligation of Contractor under the Contract Documents. Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor's liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents. Invitation for Bid (IFB) Package 132 Rev. June 2014 PART 5 GENERAL CONDITIONS

151 12.3 ACCEPTANCE OF DEFECTIVE WORK Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency. ARTICLE 13 STATUTORY REQUIREMENT 13.1 STATE LABOR LAW Contractor, its agents, and employees shall be bound by and comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work. If prevailing wages are required for this Project, copies of the prevailing rate of per diem wages may be obtained at the Purchasing Office of the City of Palo Alto WORK DAY Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, unless overtime is paid pursuant to Labor Code Section 1861 or except as otherwise permitted by law. Contractor shall forfeit to City, as a penalty, twenty five dollars ($25.00) for each worker employed in the execution of this Construction Contract by Contractor, or any Subcontractor, for each Day during which such worker is required or permitted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this Paragraph or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California. Invitation for Bid (IFB) Package 133 Rev. June 2014 PART 5 GENERAL CONDITIONS

152 PART 5 1 REQUIRED FEDERAL PROVISIONS AND PART 5 2 FAA GENERAL PROVISIONS AND PART 5 3 REQUIRED FEDERAL PROVISIONS AND FAA GENERAL PROVISIONS REFERENCE CHART Invitation for Bid (IFB) Package 134 Rev. June 2014 PART 5 GENERAL CONDITIONS

153 PART 5 1 REQUIRED FEDERAL PROVISIONS 1. REQUIRED CONTRACT PROVISIONS. The Provisions listed herein are required to be included in federally funded contracts, including all subcontracts CONTRACTOR MUST COMPLY WITH THE FOLLOWING: a. Contractor (including all subcontractors) is required to insert these contract provisions in each contract and subcontract, and further require that the clauses be included in all subcontracts; b. Incorporate applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; c. Contractor is responsible for compliance with these contract provisions by any subcontractor, lower tier subcontractor or service provider; and d. Not modify the provisions. Minor additions covering state or sponsor requirements may be included in a separate supplemental specification, provided they do not conflict with federal laws and regulations and do not change the intent of the required contract provision. Subject to the applicability criteria noted in the specific contract provisions, these contract provisions apply to all work performed on the contract FAILURE TO COMPLY WITH PROVISIONS. Failure to comply with the terms of these contract provisions may be sufficient grounds to: a. Withhold progress payments or final payment, b. Terminate the contract, c. Seek suspension/debarment, or d. Any other action determined to be appropriate by the sponsor or the FAA. The following list summarizes the contract provisions and to what types of contracts the provisions apply: All Contracts for AIP Funded Contracts a. Access to Records and Reports b. Affirmative Action Plan c. Buy American Preferences d. Civil Rights General e. Civil Rights Title VI f. Disadvantaged Business Enterprises g. Energy Conservation Requirements h. Federal Fair Labor Standards Act (Minimum Wage) i. Lobbying and Influencing Federal Employees j. Occupational Safety and Health Act Invitation for Bid (IFB) Package 65 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

154 k. Rights to Inventions l. Trade Restriction Clause m. Veteran s Preference Additional Provisions for AIP Funded Contracts that are $2,000 and greater a. Copeland Anti Kickback b. Davis Bacon Requirements Additional Provisions for AIP Funded Contracts that are $10,000 and greater a. Affirmative Action b. Equal Employment Opportunity c. Nonsegregated Facilities d. Termination of Contract Additional Provisions for AIP Funded Contracts that are $25,000 and greater a. Debarment and Suspension Additional Provisions for AIP Funded Contracts that are $100,000 and greater a. Breach of Contract b. Clean Air and Water Pollution Controls c. Contract Work Hours and Safety Standards Invitation for Bid (IFB) Package 66 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

155 2. 3. ACCESS TO RECORDS AND REPORTS. (Reference: 2 CFR , 2 CFR ) The Contractor must maintain an acceptablee cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractorr 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. AFFIRMATIVE ACTION REQUIREMENT. (Reference: 41 CFR part 60 4, Executive Order 11246) 3.1 The Offeror's or Bidder s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunityy Constructionn Contract Specifications" set forth herein. 3.2 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: d. Timetables e. Goals for minority participation for each trade (Vol. 45 Federal Register pg /3/80) f. 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 assi sted) 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 is also subject to the goals for both federally funded and non federally funded construction regardless of the percentagee of federal participation in funding. 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 (a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of thee 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 transferr 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 Compliance with the goals will be measuredd against the total work hours performed. The contractor shall provide written notification too the Director, Office of Federal Contract Compliance Programs (OFCCP), within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notificationn shall list thee name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 59 S (Last Revised Mayy 2014) Rev. June 2014

156 amount of the subcontract; estimated starting andd completion dates of subcontract; and the geographical area in which the subcontract is to bee performed. As used in this notice and in the contract resulting from this solicitation, the "covered area" is [insert description of the geographical areas wheree the contract is to be performed givingg the state, county, and city, if any] BREACH OF CONTRACT TERMS. (Reference 2 CFR 200 Appendix II(A)) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. BUY AMERICAN PREFERENCE. (Reference: 49 USC 50101) The contractor agrees to comply with 49 USC 50101, which providess that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are producedd in the United States, unless the FAA has issued a waiver for the product; ; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart ; or is included in the FAAA Nationwide Buy American Waivers Issued list. A bidder or offerorr must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.. Type of Certification is based on Type of Project: Theree are two types of Buy American certifications. For projects for a facility, the Certificate of Compliance Based on Total Facility (Terminal or Building Project) must be submitted. Affirmative Action. The Department of Labor is responsible for administering the Executive Order 11246, which contains requirements for an Affirmative Action Plan. This Plan is similar in content and requirements to the affirmative action plan required in 49 CFR Part 152 subpart e. 49 CFR Part 152 applied to grants issued under the Airport Development Aid Program, which was replaced by the Airport Improvement Program. For all other projects, the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non building construction projects such as runway or roadway construction; or equipment acquisition projects) must be submitted. Certificatee of Buy American Compliance for Total Facility (Not Applicable to this Project) (Buildings such as Terminal, SRE, ARFF, etc.) Certificate of Buy American Compliance for Manufactured Products (Applicable) (Non building construction projects, equipment acquisition projects) 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 by selecting one on the following certification Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 60 S (Last Revised Mayy 2014) Rev. June 2014

157 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 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 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 US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the item. The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart ; products of unknown origin must be considered as non domestic products in their entirety) b) Cost of non domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. Invitation for Bid (IFB) Package 61 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

158 c) Percentage of non domestic component and subcomponent cost as compared to total item component and subcomponent costs,, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver Total cost of project using US domestic source product exceeds the total project cost using non domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non domestic product False Statements: Per 49 USC 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. (Certification contained in proposal forms; to be submittedd with Bid) 6. CIVIL RIGHTS GENERAL. (Reference: 49 USC 47123) The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure thatt no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to thatt required of Title VI of the Civil Rights Act of This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during whichh Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in thee form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. 7. CIVIL RIGHTS TITLE VI ASSURANCES. (Source: Appendix 4 of FAA Order , Nondiscrimination in Federally Assisted Programs at the Federal Aviation Administration) Compliance with Nondiscrimination Requirements During the performancee of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the contractor ) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities,, as they may be Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 62 S (Last Revised Mayy 2014) Rev. June 2014

159 amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor s obligations under this contract and the Acts and the Regulations relative to Non discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor s noncompliance with the Nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Invitation for Bid (IFB) Package 63 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

160 Title VI List of Pertinent Nondiscrimination Authorities (Source: Appendix E of Appendix 4 of FAA Order , Nondiscrimination in Federally Assisted Programs at the Federal Aviation Administration) During the performance of this Construction Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 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); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); 6. 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); 7. The Civil Rights Restoration Act of 1987, (PL ), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities to include all of the programs or activities of the Federal aid recipients, sub recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C ) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The Federal Aviation Administration s Non discrimination statute (49 U.S.C ) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low income populations; 11. 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 Invitation for Bid (IFB) Package 64 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

161 reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C et seq). 8. DOT CLEAN AIR AND WATER POLLUTION CONTROL. (Reference: 49 CFR 18.36(i)(12)) Note, when the adopts 2 CFR 200, this reference will change to 2 CFRR 200 Appendix II(G)) Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 off the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That, as a conditionn for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $100, 000 the aforementioned criteria and requirements. 9. CONTRACT WORKHOURS AND SAFETY STANDARDS ACTT REQUIREMENTS. (Reference: 2 CFR 200 Appendix II (E)) 1. Overtime Requirements. No contractor or subcontractorr contracting for any part of the contract work whichh may requiree 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 whichh 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 lesss than one and one half times the basicc rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractorr 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 respectt to each individual laborer or mechanic, including watchmen and guards, employed in violation off the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 65 S (Last Revised Mayy 2014) Rev. June 2014

162 in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sumss as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as providedd in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontracto or shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 10. COPELAND ANTI KICKBACK United States Department of Labor Wage and Hours Division oversees the Copeland Anti Kickback Act requirements. All contracts and subcontracts must meet comply with the ACT. (Reference: 2 CFR 200 Appendix II(D), 29 CFR parts 3 & 5) The Occupational Safety and Health Act of United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland Anti Kickback Act requirements required to be inserted in solicitations, contracts or subcontracts. 11. DAVIS BACON REQUIREMENTS. (Reference: 2 CFR 2000 Appendix II( (D)) 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 withoutt subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisionss 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 duringg such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 66 S (Last Revised Mayy 2014) Rev. June 2014

163 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; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Invitation for Bid (IFB) Package 67 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

164 (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 which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Invitation for Bid (IFB) Package 68 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

165 (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 or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Invitation for Bid (IFB) Package 69 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

166 (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 Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The Invitation for Bid (IFB) Package 70 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

167 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 which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 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 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 Compliance With Davis Bacon and Related Act Requirements. All rulings and interpretations of the Davis Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the Invitation for Bid (IFB) Package 71 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

168 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'ss firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C DEBARMENT AND SUSPENSIONN (NON PROCUREMENT). (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order DOT Suspension & Debarment Procedures & Ineligibility) CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offerorr submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION REGARDING DEBARMENT ANDD SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) 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: : 2. Collecting a certification statement similar to the Certificate Regardingg Debarment and Suspension (Bidder or Offeror) ), above. 3. Inserting a clause or condition in the covered transactionn with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAAA may pursue any available remedy, including suspension and debarment. 13. DISADVANTAGED BUSINESS ENTERPRISE. (Reference: 499 CFR part 26) Contract Assurance ( 26.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements iss a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 72 S (Last Revised Mayy 2014) Rev. June 2014

169 Prompt Payment ( 26.29) The prime contractor agrees to pay each subcontractorr under this prime contract for satisfactory performance of its contract no later than {specify number} days from the receipt of each payment the prime contractor receives from {Name off recipient}. The prime contractor agrees further to return retainagee payments to each subcontractor within {specify the same number as above} days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the {Name of Recipient}. This clause applies to both DBE and non DBE subcontractors. 14. ENERGY CONSERVATION REQUIREMENTS. (Reference 2 CFR 200 Appendix II(H) ) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law ). 15. EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS. (Reference 41 CFR , Executive Order 11246) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitmentt or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitationss or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the noticee in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 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 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. Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 73 S (Last Revised Mayy 2014) Rev. June 2014

170 (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 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 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 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; 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 ) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, Invitation for Bid (IFB) Package 74 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

171 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 18.7a through 18.7p 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 the contractor's obligations under these specifications, Executive Order 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 Invitation for Bid (IFB) Package 75 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

172 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 posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Invitation for Bid (IFB) Package 76 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

173 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 l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). 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 18.7a through 18.7p 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 Invitation for Bid (IFB) Package 77 Rev. June 2014 PART 5 1 REQUIRED FEDERAL PROVISIONS (Last Revised May 2014)

174 12. The contractor shall carry out such sanctions andd penalties for violation of these specifications and of the Equal Opportunity Clause, ncluding 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 thosee standards prescribed in paragraph 18.7 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 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 identificationn number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standardss 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). 16. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 USC 201, et seq.) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Fair Labor Standards Act (29 USC 201) Federal Agency with Enforcement Responsibilities U.S. Department of Labor Wage and Hour Division 17. LOBBYING AND NFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 20, Appendix A) The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 78 S (Last Revised Mayy 2014) Rev. June 2014

175 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 nfluencing 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 off 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 r cooperative agreement, the undersigned shall completee and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission off 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. 18. NONSEGREGATED FACILITIES REQUIREMEN NT. (Reference: 41 CFR ) Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non segregated Facilities shall bee submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally assisted construction contract awards exceeding $10,0000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers iss prescribed in 18 U.S.C Notice to Prospective Subcontractors of Requirements for Certification of Non Segregated Facilities 1. A Certification of Non segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies andd constructionn contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C CERTIFICATION OF NONSEGREGATED FACILITIES Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 79 S (Last Revised Mayy 2014) Rev. June 2014

176 The federally assisted construction contractor certifies that she orr he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of f this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmentt areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or anyy other reason. The federally assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award off subcontractss exceeding $ 10,000 whichh are not exempt from the provisions off the Equal Opportunity Clause and that she or he will retain such certifications in his files. 19. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 1910) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given inn full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Occupational Safety and Health Act of 1970 (20 CFR Part 1910) Federal Agency with Enforcement Responsibilities U.S. Department of Labor Occupational Safety and Health Administration 20. RIGHT TO INVENTIONS. (Reference 2 CFR 200 Appendixx II(F)) All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. 21. TERMINATION OF CONTRACT. (Reference 2 CFR 200 Appendix II(B) )) a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failuree to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 80 S (Last Revised Mayy 2014) Rev. June 2014

177 b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the Sponsor for any additional costt occasioned to the Sponsor thereby. d. If, after notice of terminationn for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the terminationn will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause. e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 22. TRADE RESTRICTION (Reference: 49 CFR part 30) The contractor or subcontracto or, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country includedd in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for thiss project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportationn in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for usee on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contractt resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice too the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification wass erroneous by reason of changed circumstances. This certification is a material representationn of fact uponn which reliance was placed when making the award. If it is later determined that the contractor orr subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certificationn required by this provision. The knowledge and information of a contractorr is not required to exceedd that which is normally possessed by a prudent person in the ordinary course of business dealings. Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 81 S (Last Revised Mayy 2014) Rev. June 2014

178 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section TEXTING WHEN DRIVING. (References: Executive Order 13513, and DOT Order ) In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order Text Messaging While Driving (12/30/2009), FAAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decreasee crashes by distracted drivers, ncluding policies to ban text messaging while driving when performing work related to a grant or sub grant. The Contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The Contractor must include these policies in each third partyy subcontractt involved on this project. 24. VETERAN S PREFERENCE (Reference: 49 USC 47112(c)) In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan Iraq war veterans, disabled veterans, and small business concernss owned and controlled by disabled veterans as defined in Title 49 United States Code, Section However, this preferencee shall apply only wheree the individuals are available and qualified to perform the work to which the employment relates. Invitation for Bid (IFB) Package PART 5 1 REQUIRED FEDERAL PROVISION 82 S (Last Revised Mayy 2014) Rev. June 2014

179 PART 5 2 FAA GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these Specifications, in the Contract, or in any documents or other instruments pertaining to construction where these Specifications govern, the intent and meaning shall be interpreted as follows: 10 1 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO ACCESS ROAD. The right of way, the roadway and all improvements constructed thereon connecting the Airport to a public highway ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished AIP. The Airport Improvement Program, a grant in aid program, administered by the Federal Aviation Administration AIR OPERATIONS AREA. For the purpose of these Specifications, the term air operations area 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 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for Airport buildings or other Airport facilities or rights of way; and Airport buildings and facilities located in any of these areas, and includes a heliport ASTM. The American Society for Testing and Materials AWARD. The acceptance, by the Owner, of the successful bidder's proposal BASE. A layer of specified material of planned thickness placed immediately below the pavement or surfacing BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated BUILDING AREA. An area on the Airport to be used, considered, or intended to be used for Airport buildings or other Airport facilities or rights of way together with all Airport buildings and facilities located thereon. Invitation for Bid (IFB) Package 83 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

180 10 12 CAAP. California Aid to Airports Program CALTRANS. The Department of Transportation of the State of California CALENDAR DAY. Every day shown on the calendar CHANGE ORDER. A written order to the Contractor covering changes in the Plans, Specifications, or proposal quantities and establishing the basis of payment and Contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the Contract CONTRACT. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the Contract 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 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 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the Airport area ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the Contract work and acting directly or through an authorized representative ENGINEER S ESTIMATE. The list of estimated quantities of work to be performed as contained in the Bidder s Proposal Form EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work EXTRA WORK. An item of work not provided for in the awarded Contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as previously modified FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. Invitation for Bid (IFB) Package 84 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

181 10 26 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner GRADING PLANE. The surface of the basement material upon which the lowest layer of subbase, base, pavement, surfacing, or other specified layer is placed INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words ``directed,'' ``required,'' ``permitted,'' ``ordered,'' ``designated,'' ``prescribed,'' or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words ``approved,'' ``acceptable,'' ``satisfactory,'' or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer 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 LIQUIDATED DAMAGES. The amount prescribed in the Specifications, pursuant to the authority of the Government Code Section , to be paid to the Owner or to be deducted from any payments due or to become due the Contractor for each day s delay in completing the whole or any specified portion of the work beyond the time allowed in the Specifications LUMP SUM. A term used to describe a Contract item, which means the total payment or price of the item, including all labor, materials, equipment, incidentals, profit and overhead, and for which a schedule of values is to be provided upon request 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 percent of the total amount of the award Contract. All other items shall be considered minor Contract items MATERIALS. Any substance specified for use in the construction of the Contract work. Invitation for Bid (IFB) Package 85 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

182 10 37 NOTICE TO PROCEED. 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 OWNER. The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. For AIP Contracts, the term Sponsor shall have the same meaning as the term Owner. Where the term Owner is capitalized in this document, it shall mean Airport Owner or Sponsor only PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract 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 PROJECT. The agreed scope of work for accomplishing specific Airport development with respect to a particular Airport 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 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a Contract if his/her proposal is accepted by the Owner RUNWAY. The area on the Airport prepared for the landing and takeoff of aircraft SCHEDULE OF VALUES. A schedule of values is a detailed, itemized cost breakdown of the amount bid for a lump sum Contract item 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 SPONSOR. See definition above of Owner. Invitation for Bid (IFB) Package 86 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

183 10 50 STATE CONTRACT ACT. Chapter 3, Part 5, Division 3, Title 2 of the California Government Code. The provisions of this act and other applicable laws form and constitute a part of the provisions of this Contract to the same extent as if set forth herein in full STATE STANDARD SPECIFICATIONS. The Specifications issued by the State of California, Department of Transportation, entitled, Standard Specifications, May 2006, CALTRANS STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the Airport that may be encountered in the work and not otherwise classified herein SUBBASE. A layer of specified material of planned thickness between a base and the subgrade materials SUBGRADE. The soil that forms the pavement foundation SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded Contract, or any major Contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded Contract; or (2) work that is not within the scope of the originally awarded Contract SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an Airport that has been designated by competent Airport authority for movement of aircraft to and from the Airport's runways or aircraft parking areas 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 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 6 hours toward completion of the Contract. When work is suspended for causes beyond the Contractor s control, Saturdays, Sundays and holidays on which the Contractor s forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION Invitation for Bid (IFB) Package 87 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

184 PART 5.2 FAA GENERAL PROVISIONS SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20 1 ADVERTISEMENT (Notice to Bidders). The "Advertisement for Bids" (Notice to Bidders) included in the front of these SPECIFICATIONS will be (or has been) published by the Sponsor and is made a part of the "Contract Documents" PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current ``bidder's list'' of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of bid opening CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The Plans Specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former Contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. Invitation for Bid (IFB) Package 88 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

185 C. Contractor default under previous Contracts with the Owner. D. Unsatisfactory work on previous Contracts with the Owner INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Plans and Specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices 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. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans, and Specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: Invitation for Bid (IFB) Package 89 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

186 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. 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 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner as liquidated damages in case the successful bidder fails to file satisfactory bonds as required by the Contract Documents, or refuses to enter into a Contract within the specified time 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 before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram 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 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 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. Invitation for Bid (IFB) Package 90 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

187 B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. C. If the bidder is considered to be in ``default'' for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. D. A non responsive bid as determined by the Owner. END OF SECTION Invitation for Bid (IFB) Package 91 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

188 PART 5.2 FAA GENERAL PROVISIONS SECTION 30 AWARD AND EXECUTION OF CONTRACT 30 1 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a Contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a Contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction Contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests AWARD OF CONTRACT. The award of a Contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the Contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a Contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section 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 hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the Contract s bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. Invitation for Bid (IFB) Package 92 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

189 30 5 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 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the Contract and return such signed Contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the Contract is mailed, special handling is recommended 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 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the Contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent, or employee of Owner, either before, during or after the execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents, nor shall such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of the Contract. END OF SECTION Invitation for Bid (IFB) Package 93 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

190 PART 5.2 FAA GENERAL PROVISIONS SECTION 40 SCOPE OF WORK 40 1 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 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded Contract quantities, provided that the aggregate of such alterations does not change the total Contract cost or the total cost of any major Contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations that do not exceed the 25 percent limitation shall not invalidate the Contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original Contract. These alterations that are for work within the general scope of the Contract shall be covered by ``Change Orders'' issued by the Engineer. Change orders for altered work shall include extensions of Contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any Contract item that requires a supplemental agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any Contract item, except major Contract items. Major Contract items may be omitted by a supplemental agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement. Should a Contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section EXTRA WORK. Should acceptable completion of the Contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra Work that is within the general scope of the Contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in Invitation for Bid (IFB) Package 94 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

191 accordance with the requirements specified in the order, and shall contain any adjustment to the Contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra Work that is necessary for acceptable completion of the Project, but is not within the general scope of the work covered by the original Contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner 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. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the Airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the Airport as specified in the subsection titled Contractor's RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her 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. When the Contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the Contract, Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. 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. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various Contract items. Invitation for Bid (IFB) Package 95 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

192 40 6 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various Contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the Plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the Contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the Contract and shall remain the property of the Owner when so utilized in the work RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the Contract to be either embankment or waste, he may at his/her option either: A. Use such material in another Contract item, providing such use is approved by the Engineer and is in conformance with the Contract Specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or C. Use such material for his/her 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., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable Contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable Contract price, for furnishing and installing such material in accordance with requirements of the Contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. Invitation for Bid (IFB) Package 96 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

193 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 FINAL CLEANING UP. 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. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. END OF SECTION Invitation for Bid (IFB) Package 97 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

194 PART 5.2 FAA GENERAL PROVISIONS SECTION 50 CONTROL OF WORK 50 1 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the Specifications or Plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under Contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. The Engineer shall determine the adequacy of the Contractor s methods, plant, equipment and appurtenances and may order the work stopped when necessary to prevent its improper execution; may reject any work and materials which in his opinion does not conform to the requirements of the Contract; shall decide all questions which may arise as to the obligation of the Contractor to do any particular work or to furnish any particular materials or as to the reasonable value of any additional work or materials required by the Engineer, or as to the deductions to be made from the Contract price for the work specified herein by reason of any work or materials directed by the Engineer to be omitted. All instructions, rulings and decision of the Engineer shall be made promptly and shall be in writing if so requested by the Contractor, and all such instructions, rulings, and decisions shall be final and binding. In carrying out any of the above provisions or in exercising any power or authority granted to him by the Contract Documents, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the Owner, it being understood that in such matters the Engineer acts as an agent and representative of the Owner CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract, Plans or Specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the Plans and Specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the Contract price shall be covered by Contract modifications (change order or supplemental agreement) as applicable. Invitation for Bid (IFB) Package 98 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

195 If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the Plans and Specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term ``reasonably close conformity'' shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the Contract, Plans, and Specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the Contract, Plans, and Specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term ``reasonably close conformity'' is also intended to provide the Engineer with the authority, after consultation with the FAA, to use good Engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans and Specifications. The Engineer will not be responsible for the Contractor s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract, Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract technical Specifications shall govern over Contract general provisions, Plans, cited standards for materials or testing, and cited FAA advisory circulars; Contract general provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars; Plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. 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 standards for testing occur due to the timing of changing, editing, and replacing of standards. In the event the Contractor discovers any apparent discrepancy within standard test methods, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. All Federal provisions shall take precedents over City provisions COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the Plans and Specifications. He shall have available on the work at all times one copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor for the cost of reproduction. Invitation for Bid (IFB) Package 99 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

196 The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative 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 his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same Project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work contracted for under these Specifications. The Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades and/or alignment that are not in accordance with the Plans or established by the Engineer, all construction not in accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner. No direct payment will be made, unless otherwise specified in Contract Documents, for this labor, materials, or other expenses therewith. The cost thereof shall be included in the price of the bid for the various items of the Contract. Invitation for Bid (IFB) Package 100 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

197 Construction Staking and Layout includes but is not limited to: Clearing and Grubbing perimeter staking. Rough Grade slope stakes at 100 foot stations. Drainage Swales slope stakes and flow line blue tops at 50 foot stations. Subgrade blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway minimum 5 per station b. Taxiways minimum 3 per station c. Holding apron areas minimum 3 per station d. Roadways minimum 3 per station Base Course blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway minimum 5 per station b. Taxiways minimum 3 per station c. Holding apron areas minimum 3 per station Pavement areas: a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 foot stations b. Between Lifts at 25 foot stations for the following section locations: (1). Runways each paving lane width (2). Taxiways each paving lane width (3). Holding areas each paving lane width c. After finish paving operations at 50 foot stations (1). All paved areas Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50 foot stations and at all break points with maximum of 50 foot offsets Fence lines at 100 foot stations Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, VASI s, PAPI s, REIL s, Wind Cones, Distance Markers (signs), pull boxes and manholes. Drain lines, cut stakes and alignment on 25 foot stations, inlet and manholes. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting) Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet per pass (i.e. paving lane). NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the Contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the Contract AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be Invitation for Bid (IFB) Package 101 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

198 used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the Contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (Contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility Owner a party to the Contract, and shall in no way interfere with the rights of the parties to this Contract REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the Contract, Plans, and Specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH Plans AND Specifications of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled Contractor's RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, 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. Invitation for Bid (IFB) Package 102 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

199 Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This 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 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor PARTIAL ACCEPTANCE. If at any time during the prosecution of the Project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the Contract, he may accept it as being completed, 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. Invitation for Bid (IFB) Package 103 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

200 50 15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire Project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract, Plans, and Specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within l0 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations COST REDUCTION INCENTIVE. The provisions of this subsection will apply only to Contracts awarded to the lowest bidder pursuant to competitive bidding. On Projects with original Contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in writing, proposals for modifying the Plans, Specifications or other requirements of the Contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value Engineering proposal. Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the Project. As a minimum, the following information shall be submitted by the Contractor with each proposal: A. A description of both existing Contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each; Invitation for Bid (IFB) Package 104 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

201 B. An itemization of the Contract requirements that must be changed if the proposal is adopted; C. A detailed estimate of the cost of performing the work under the existing Contract and under the proposed changes; D. A statement of the time by which a change order adopting the proposal must be issued; E. A statement of the effect adoption of the proposal will have on the time for completion of the Contract; and F. The Contract items of work affected by the proposed changes, including any quantity variation attributable to them. The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer to consider any cost reduction proposal that may be submitted. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the Contract bid prices if, in the Engineer's judgment such prices do not represent a fair measure of the value of the work to be performed or deleted. The Owner may require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the Contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted and shall include any conditions upon which the Engineer's approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original Contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the Contract price that will divide the net savings equally between the Contractor and the Owner. The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work. Invitation for Bid (IFB) Package 105 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

202 Acceptance of the cost reduction proposal and performance of the cost reduction work shall not extend the time of completion of the Contract unless specifically provided for in the Contract change order CLAIMS RESOLUTION. In accordance with Public Contract Code Section and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the Owner shall be resolved following the statutory procedure unless the Owner has elected to resolve the dispute pursuant to Public Contract Code et seq. A. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the Contract. "Claim" means a separate demand by the claimant for (1)a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the Owner. 1. Claims Under $50,000. The Owner shall respond in writing to the claim within 45 days of receipt of the claim, or, the Owner may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Owner may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the Owner and the claimant. The Owner's written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. 2. Claims over $50,000 but less than or equal to $375,000. The Owner shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the Owner may have against the claimant. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the Owner and the claimant. The Owner's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce additional information or documents, whichever is greater. B. If the claimant disputes the Owner's response, or if the Owner fails to respond within the statutory time period(s), the claimant may so notify the Owner within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the Owner shall schedule a meet and confer conference within 30 days. C. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference. D. If a civil action is filed to resolve any claim the provisions of Public Contract Code shall be followed, providing for nonbinding mediation and judicial arbitration. END OF SECTION Invitation for Bid (IFB) Package 106 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

203 PART 5.2 FAA GENERAL PROVISIONS SECTION 60 CONTROL OF MATERIALS 60 1 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the Contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials Specifications. In addition, where an FAA specification for airport lighting equipment is cited in the Plans or Specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/ , Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and B. Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number CONTRACTOR QUALITY CONTROL The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure control. The test methods used for quality control testing shall be as determined by the Contractor. The results of the testing shall be made available to the Engineer upon request. These tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests. Full compensation for performing quality control tests and making the results available to the Engineer shall be considered as included in the Contract price paid for the various items of work involved and no additional compensation will be allowed therefore SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The Invitation for Bid (IFB) Package 107 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

204 testing organizations performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the Project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by ``brand name or equal'' and the Contractor elects to furnish the specified ``brand name,'' the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the Contract work. Should the Contractor propose to furnish an ``or equal'' material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed ``or equal'' is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing Invitation for Bid (IFB) Package 108 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

205 methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications ENGINEER'S FIELD OFFICE. Not required for this project STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on Airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or Airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Ownerfurnished materials shall be made available to the Contractor at the location specified herein. Invitation for Bid (IFB) Package 109 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

206 All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner furnished materials shall be included in the unit price bid for the Contract item in which such Owner furnished material is used. After any Owner furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner furnished materials TRADE NAMES AND ALTERNATIVES. For convenience in designation on the Plans or in the Specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and his catalogue information or followed by the words "or equal". The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer. The Contractor shall clearly flag all areas where the substituted unit differs from the specified material. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. 2. Whenever the Specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Such request shall be made in ample time to permit approval without delaying the work, but need not be made in less than 35 days after award of the Contract BETTER MATERIAL OR PROCESS. In the event the Contractor furnishes a material, process or an article better than that specified, any difference in cost of such material, process or article so furnished shall be borne by the Contractor SHOP DRAWINGS AND SUBMITTALS. The Contractor, at his own expense, shall furnish for the approval of Engineer any and all shop drawings and other submittals required by the Specifications, or that may be requested by the Engineer, for any and all materials the Contractor proposes to use. Shop drawings and submittals shall be submitted in quadruplicate and shall be marked with the name of the Project and the name of the Contractor. If the shop drawings or submittals show any variation from the Contract requirements because of standard shop practice or other reason, specific mention of the variation shall be made in the letter of transmittal. Approval of shop drawings and submittals will be general and shall not relieve the Contractor from the responsibility for proper fitting and construction of the work or from furnishing materials and work required by the Contract which may not be indicated on shop drawings when approved, or from the Invitation for Bid (IFB) Package 110 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

207 responsibility for errors in the shop drawings. Shop drawing approval shall not be considered the basis for a Contract change order MATERIALS LIST. The Contractor shall submit a complete list of all manufactured materials and equipment which he proposes to incorporate into the Project to the Engineer for approval before placing his order for such materials or equipment. If the materials or equipment vary in any way from what was specified or shown on the Plans, specific mention of the variation shall be made in the letter of transmittal GUARANTEE OF WORKMANSHIP AND MATERIALS AND DATE OF ACCEPTANCE. Besides guarantees required elsewhere, Contractor shall and does hereby guarantee all workmanship and materials for a period of one year, except as otherwise required in the Contract for a longer period, from and after the date of acceptance of the Work and recordation of Notice of Completion by Owner and shall repair or replace any or all workmanship and materials, together with any other work which may be displaced in so doing, that, in the opinion of the Owner, is or becomes defective during the period of said guarantee without expense whatsoever to Owner FORM OF GUARANTEES. Guarantees in the form of written warranty shall be supplied on the Contractor's own letterhead as follows: WARRANTY FOR We hereby warrant that the has been installed in accordance with the drawings and Specifications and that the work as installed will fulfill the requirements of the warranty included in the Specifications. We agree to repair or replace any or all of our work together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or materials for the period of one year from date of acceptance of the abovementioned structure by the Owner, ordinary wear and tear, and unusual abuse or neglect excepted. In the event of our failure to comply with the above mentioned conditions within seven (7) days after being notified in writing we, collectively or separately, do hereby authorize the Owner to proceed to have said defects repaired and made good at our expense, and we will honor and pay the cost and charges therefore on demand. Signed: END OF SECTION Invitation for Bid (IFB) Package 111 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

208 PART 5.2 FAA GENERAL PROVISIONS SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70 1 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. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees 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 prosecution of the work 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, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save 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 prosecution or after the completion of the work 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) 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 Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized Invitation for Bid (IFB) Package 112 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

209 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 FEDERAL AID PARTICIPATION. For AIP Contracts, the United States Government has agreed to reimburse the Owner for some portion of the Contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this Contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the Contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. No requirement of the USC, the rules and regulations implementing the USC, or this Contract shall be construed as making the Federal Government a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Airfield Safety and Traffic Control. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Invitation for Bid (IFB) Package 113 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

210 Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the Airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340 1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire rescue or maintenance vehicles on the Airport in reasonable conformance to AC 150/5370 2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/ The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open flame type lights shall not be permitted within the air operations areas of the Airport USE OF EXPLOSIVES. Not permitted for this project PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the Project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the ``Workmen's Compensation Act,'' or any other law, ordinance, Invitation for Bid (IFB) Package 114 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

211 order, or decree. Money due the Contractor under and by virtue of his/her Contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit(s), action(s), or claim(s) for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the Contract work for the beneficial occupancy of the Owner prior to completion of the entire Contract, such ``phasing'' of the work shall be specified herein and indicated on the Plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner See Part 6, Special Provisions for Airport Construction and Part 8, Construction Safety and Phasing Plan. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the Contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the Contract work. Contractor shall be required to conform to safety standards contained AC 150/5370 2, Operational Safety on Airports During Construction (See Special Provisions.) Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non execution of the Invitation for Bid (IFB) Package 115 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

212 work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the Contract work, the approximate locations have been indicated on the Plans. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the Plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's Invitation for Bid (IFB) Package 116 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

213 PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of the Project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the prosecution of the Project work, shall comply with the following: A. The Contractor shall permit FAA maintenance personnel the right of access to the Project work site for purposes of inspecting and maintaining all existing FAA owned facilities. B. The Contractor shall notify the above named FAA Airway Facilities Point of Contact seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. C. If prosecution of the Project work requires a facility outage, the Contractor shall contact the above named FAA Point of Contact a minimum of 48 hours prior to the time of the required outage. D. If prosecution of the Project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities standards to the satisfaction of the above named FAA Point of Contact. E. If the Project work requires the cutting or splicing of FAA owned cables, the above named FAA Point of Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities Specifications and require approval by the above named FAA Point of Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. Invitation for Bid (IFB) Package 117 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

214 If a cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice FURNISHING RIGHTS OF WAY. The Owner will be responsible for furnishing all rights of way upon which the work is to be constructed in advance of the Contractor's operations PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the Contract provisions or in exercising any power or authority granted to him by this Contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate Contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract modification shall include an Invitation for Bid (IFB) Package 118 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

215 extension of Contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section INSURANCE. Contractors to the City, at their sole expense, shall for the term of the Contract obtain and maintain insurance in the amounts for the coverage specified below, or as modified by the Special Provisions (if applicable), afforded by companies with AM Best s Key Rating of A :Vii, or higher, licensed or authorized to transact insurance business in the State of California. REQUIRED TYPE OF COVERAGE REQUIREMENT YES YES YES YES YES WORKER S COMPENSATION EMPLOYER S LIABILITY GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON OWNED STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE MINIMUM LIMITS EACH OCCURRENC E $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND ALL DAMAGES NEGLIGENT PERFORMANCE $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS COMPENSATION, EMPLOYER S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. III. INSURANCE COVERAGE MUST INCLUDE: G. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND Invitation for Bid (IFB) Package 119 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

216 H. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR S AGREEMENT TO INDEMNIFY CITY. I. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ADDITIONAL ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO INSUREDS G. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. H. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. I. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CITY OF PALO ALTO P.O. BOX PALO ALTO, CA CONTRACT ADMINISTRATION Invitation for Bid (IFB) Package 120 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

217 Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days following issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf Subcontractors: Contractor shall include all Subcontractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein At the request of City, Contractor shall submit to City copies of the policies obtained by Contractor. In the event Contractor does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by Contractor and may be deducted from the Contract Sum. Risk The requirements of this Section may only be modified in writing by the City s Manager SAFETY. The Engineer has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences or procedures required for the Contractor to perform his work. The Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable state, county, and local laws, ordinances, and codes. END OF SECTION Invitation for Bid (IFB) Package 121 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

218 PART 5.2 FAA GENERAL PROVISIONS SECTION 80 PROSECUTION AND PROGRESS 80 1 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her Contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least 50 percent of the total Contract cost NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date Contract Time will be charged. The Contractor shall begin the work to be performed under the Contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the Project in accordance with the Plans and Specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the Contract Time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP Contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the Airport. See Part 6, Section 1, Special Provisions for Airport Construction and the Construction Safety and Phasing Plan included as Appendix 1 to Part 8 of these Specifications. Invitation for Bid (IFB) Package 122 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

219 Contractor shall be required to conform to safety standards contained in Construction Safety and Phasing Plan and the current version of AC 150/5370 2, Operational Safety on Airports During Construction OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors operations shall be conducted in accordance with the Project Construction Safety and Phasing Plan (CSPP) and the provisions set forth within the current version of Advisory Circular 150/ The CSPP is included within the Contract documents; it conveys minimum requirements for operational safety on the Airport during construction activities. The Contractor shall prepare and submit a Safety Plan Compliance Document (SPCD) that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the CSPP. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the Project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract, Plans, and Specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing Airport facilities will result from its use. Invitation for Bid (IFB) Package 123 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

220 When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the Contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications. When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the Contract items involved nor in Contract Time as a result of authorizing a change in methods or equipment under this subsection TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the Airport DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and Contract and shall be known as the Contract Time. Invitation for Bid (IFB) Package 124 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

221 Should the Contract Time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. Contract Time based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the Contract Time during the week and the number of working days currently specified for completion of the Contract (the original Contract Time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of Contract Time charged on the following considerations: 1. No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a doubleshift, 12 hours shall be used. Should the normal work force be on a triple shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the Contract Time. 2. The Engineer will not make charges against the Contract Time prior to the effective date of the notice to proceed. 3. The Engineer will begin charges against the Contract Time on the first working day after the effective date of the notice to proceed. 4. The Engineer will not make charges against the Contract Time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The Contract Time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the Contract require performance of work in greater quantities than those estimated in the proposal, the Contract Time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. Contract Time based on calendar days shall consist of the number of calendar days stated in the Contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. Invitation for Bid (IFB) Package 125 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

222 At the time of final payment, the Contract Time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the Contract Time shall not consider either cost of work or the extension of Contract Time that has been covered by a change order or supplemental agreement. Charges against the Contract Time will cease as of the date of final acceptance. C. When the Contract Time is a specified completion date, it shall be the date on which all Contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the Contract Time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract Time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the Contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the Contract, that any work remains uncompleted after the Contract Time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF Contract Time of this Section) the sum specified in the Contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her Contract DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her Contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: A. Fails to begin the work under the Contract within the time specified in the ``Notice to Proceed,'' or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or Invitation for Bid (IFB) Package 126 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

223 F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the Contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under Contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Invitation for Bid (IFB) Package 127 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

224 Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the Airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum of 75 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 75 feet of an active runway at any time. END OF SECTION Invitation for Bid (IFB) Package 128 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

225 PART 5.2 FAA GENERAL PROVISIONS SECTION 90 MEASUREMENT AND PAYMENT 90 1 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the Plans or as altered to fit field conditions. Unless otherwise specified, all Contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term ``ton'' will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Invitation for Bid (IFB) Package 129 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

226 When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term ``lump sum'' when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, ``lump sum'' work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited Specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the Invitation for Bid (IFB) Package 130 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

227 graduated or marked length of the beam or dial and shall not exceed one tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales ``overweighing'' (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting accuracy test will be reduced by the percentage of error in excess of one half of 1 percent. In the event inspection reveals the scales have been ``underweighing'' (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit Contract prices for the various items of the Project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the Contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the Plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the ``basis of payment'' subsection of a technical specification requires that the Contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other Contract item which may appear elsewhere in the Contract, Plans, or Specifications COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as Contract items are concerned, payment at the original Contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF Invitation for Bid (IFB) Package 131 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

228 WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the Contract items, or from any other cause PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any Contract item, except major Contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a Contract item or portion of such item from the work, the Contractor shall accept payment in full at the Contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such Contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the Contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1. Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2. Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3. Quantities of materials, prices, and extensions. 4. Transportation of materials. Invitation for Bid (IFB) Package 132 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

229 5. Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor DIRECT COSTS. A. Labor 1. Cost of labor shall include any employer payments to or on behalf of workers for health, welfare, pension, vacation, and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality at the time the work is being performed. No labor charges will be accepted for supervision. The costs for all superintendents and forepersons are included in the markups established by the Contract DOCUMENTS. The only exception to this will be working forepersons who perform actual manual labor or the extra work. No labor charges will be accepted for engineering or proposal preparation. These costs are included in the markups established by the Contract DOCUMENTS. 2. Overtime and premium time pricing will only be allowed for labor which is performed after normal working hours at the Engineer s direction and written approval. If the Contractor chooses to work overtime without the Engineer s written approval, then overtime rates and premiums shall not apply. B. Material 1. The actual cost to the Contractor for the materials directly required for the performance of the force account work. Such costs of materials may include the cost of transportation. No delivery charge will be allowed unless the delivery is specifically for the changed work. 2. If a trade discount by an actual supplier is available to the Contractor, it shall be credited to the CITY. If the materials are obtained from a supplier or source owned wholly by or in part by the Contractor, payment thereof will not exceed the current wholesale price for the materials. The term "trade discount" includes the concept of cash discounting. 3. If, in the opinion of the Engineer, the cost of the materials is excessive or if the Contractor fails to furnish satisfactory evidence of a cost to the Contractor from the actual supplier thereof, then, in either case, the cost of materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The CITY reserves the right to furnish such materials as it deems advisable and the Contractor shall have no claims for cost or profits on materials furnished by the CITY. D. Equipment. 1. The actual cost to the Contractor for the use of equipment directly required in the performance of the force account work. In computing the hourly rental of equipment any time less than thirty (30) minutes shall be considered one half hour. No payment will be made for time while equipment is inoperative due to breakdown or for non working days. In addition, Invitation for Bid (IFB) Package 133 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

230 the rental time shall omit the time required to move the equipment to the work, for rental of such equipment, and to return it to the source. No mobilization or demobilization will be allowed for equipment already on site. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time thereof. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the Project in any way other than upon the changed work. 2. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be small tools or small equipment and no payment will be made thereof unless it is a direct expense for the changed work and is used for no other purpose. 3. The rental rate for equipment will not exceed that as recommended by the lower of the rental rates established by Caltrans or as contained in the Association of Equipment Distributors (AED) book. 4. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for all costs incidental to the use of the equipment COST MARKUPS. A. For work performed by the Contractor a 15 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90 5) of the force account work. B. For work performed by a Subcontractor a 20 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90 5) of the force account work. (Suggested breakdown: 15 percent to the Subcontractor, 5 percent to the Contractor.) C. For work performed by a Sub Subcontractor (any tier) a 25 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90 5) of the force account work. (Suggested breakdown: 15 percent to the Sub subcontractor, 5 percent to the Subcontractor and 5 percent to the Contractor.) D. In no case will the total markups be greater than 25 percent of the direct cost notwithstanding the number of Contract tier actually existing. E. On proposals covering both increases and decreases in the amount of the Contract SUM, overhead, profit and commission shall be allowed on the net increase only as determined above. Where the difference is a deletion, no percentage for overhead, profit or commission shall be allowed. F. The markup percentage shall be full compensation for profit, small tools, cleanup, engineering, supervision, warranties, job site overhead and home office overhead. No markup will be allowed on taxes, insurance and bonds PARTIAL PAYMENTS. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the work performed and materials complete and in place in accordance with the Contract, plans, and Specifications. Such partial payments may also include the delivered actual cost of those Invitation for Bid (IFB) Package 134 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

231 materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor s work is satisfactorily completed. A subcontractor s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, 5 percent of total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor s option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least 95 percent of the work has been completed, the Engineer shall, at the Owner s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the Contract, Plans, and Specifications and are delivered to acceptable sites on the Invitation for Bid (IFB) Package 135 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

232 Airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the Contract price for such materials or the Contract price for the Contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection PAYMENT OF WITHHELD FUNDS. At the Contractor s option, if an Owner withholds retainage in accordance with the methods described in subsection PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner s deposit of retainage into an escrow account is subject to the following conditions: A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the Owner. D. The Contractor shall obtain the written consent of the surety to such agreement. Invitation for Bid (IFB) Package 136 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

233 90 11 ACCEPTANCE AND FINAL PAYMENT. When the Contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION Invitation for Bid (IFB) Package 137 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

234 PART 5.2 FAA GENERAL PROVISIONS SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM GENERAL. When the specification requires a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this Contract conform to Contract Plans, technical Specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the Contract technical Specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. C. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the Contract technical Specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer DESCRIPTION OF PROGRAM. A. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical Specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable Specifications and Plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical Specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. Invitation for Bid (IFB) Package 138 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

235 B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document that shall be reviewed by the Engineer prior to the start of any production, construction, or off site fabrication. The written Quality Control Program shall be submitted to the Engineer for review during the Mobilization element. The Quality Control Program shall be organized to address, as a minimum, the following items: 1. Quality control organization; 2. Project progress schedule; 3. Submittals schedule; 4. Inspection requirements; 5. Quality control testing plan; 6. Documentation of quality control activities; and 7. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this Contract QUALITY CONTROL ORGANIZATION. The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph a and b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: A. Program Administrator. The Program Administrator shall be a full time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the Contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: 1. Professional Engineer with 1 year of airport paving experience acceptable to the Engineer. Invitation for Bid (IFB) Package 139 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

236 2. Engineer in training with 2 years of airport paving experience acceptable to the Engineer. 3. An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. 4. Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). 5. Highway materials technician certified at Level III by NICET. 6. Highway construction technician certified at Level III by NICET. 7. A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the Contract Plans and technical Specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1. Inspection of all materials, construction, plant, and equipment for conformance to the technical Specifications, and as required by Section Performance of all quality control tests as required by the technical Specifications and Section Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method Invitation for Bid (IFB) Package 140 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

237 (CPM), PERT, or other format, or as otherwise specified in the Contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the Contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the Contract SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical Specifications. The listing can be developed in a spreadsheet format and shall include: 1. Specification item number; 2. Item description; 3. Description of submittal; 4. Specification paragraph requiring submittal; and 5. Scheduled date of submittal INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section Inspections shall be performed daily to ensure continuing compliance with Contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical Specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. B. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical Specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical Specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: Invitation for Bid (IFB) Package 141 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

238 1. Specification item number (e.g., P 401); 2. Item description (e.g., Plant Mix Bituminous Pavements); 3. Test type (e.g., gradation, grade, asphalt content); 4. Test standard (e.g., ASTM or AASHTO test number, as applicable); 5. Test frequency (e.g., as required by technical Specifications or minimum frequency when requirements are not stated); 6. Responsibility (e.g., plant technician); and 7. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically based procedure of random sampling for acquiring test samples in accordance with ASTM D The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the Contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the Contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: 1. Technical specification item number and description; 2. Compliance with approved submittals; 3. Proper storage of materials and equipment; 4. Proper operation of all equipment; 5. Adherence to Plans and technical Specifications; 6. Review of quality control tests; and 7. Safety inspection. Invitation for Bid (IFB) Package 142 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

239 The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. B. Daily Test Reports. The Contractor shall be responsible for establishing a system that will record all quality control test results. Daily test reports shall document the following information: 1. Technical specification item number and description; 2. Test designation; 3. Location; 4. Date of test; 5. Control requirements; 6. Test results; 7. Causes for rejection; 8. Recommended remedial actions; and 9. Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical Specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical Specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical Specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical Specifications and Invitation for Bid (IFB) Package 143 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

240 Plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on site or off site Contractor's or subcontractor's work NONCOMPLIANCE. A. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. B. In cases where quality control activities do not comply with either the Contractor Quality Control Program or the Contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: 1. Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. 2. Order the Contractor to stop operations until appropriate corrective actions are taken. END OF SECTION Invitation for Bid (IFB) Package 144 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

241 PART 5.2 FAA GENERAL PROVISIONS SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) GENERAL. When the Specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (S n ) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index(s), Q L for Lower Quality Index and/or Q U for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner s risk is the probability that material produced at the rejectable quality level is accepted. IT IS THE INTENT OF THIS SECTION TO INFORM THE CONTRACTOR THAT, IN ORDER TO CONSISTENTLY OFFSET THE CONTRACTOR S RISK FOR MATERIAL EVALUATED, PRODUCTION QUALITY (USING POPULATION AVERAGE AND POPULATION STANDARD DEVIATION) MUST BE MAINTAINED AT THE ACCEPTABLE QUALITY SPECIFIED OR HIGHER. IN ALL CASES, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO PRODUCE AT QUALITY LEVELS THAT WILL MEET THE SPECIFIED ACCEPTANCE CRITERIA WHEN SAMPLED AND TESTED AT THE FREQUENCIES SPECIFIED METHOD FOR COMPUTING PWL. The computational sequence for computing PWL is as follows: A. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. B. Locate the random sampling position within the sublot in accordance with the requirements of the specification. C. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. D. Find the sample average (X) for all sublot values within the lot by using the following formula: X = (x 1 + x 2 + x x n ) / n Where: X x 1, x 2 = Sample average of all sublot values within a lot = Individual sublot values n = Number of sublots E. Find the sample standard deviation (S n ) by use of the following formula: S n = [(d d d d n 2 )/(n 1)] 1/2 Invitation for Bid (IFB) Package 145 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

242 Where: S n = Sample standard deviation of the number of sublot values in the set d 1, d 2, = Deviations of the individual sublot values x 1, x 2, from the average value X that is: d 1 = (x 1 X), d 2 = (x 2 X) d n = (x n X) n = Number of sublots F. For single sided specification limits (i.e., L only), compute the Lower Quality Index Q L by use of the following formula: Q L = (X L) / S n Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with Q L, using the column appropriate to the total number (n) of measurements. If the value of Q L falls between values shown on the table, use the next higher value of PWL G. For double sided specification limits (i.e. L and U), compute the Quality Indexes Q L and Q U by use of the following formulas: Q L = (X L) / Sn and Q U = (U X) / Sn Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with Q L and Q U, using the column appropriate to the total number (n) of measurements, and determining the percent of material above P L and percent of material below P U for each tolerance limit. If the values of Q L fall between values shown on the table, use the next higher value of P L or P U. Determine the PWL by use of the following formula: PWL = (P U + P L ) 100 Where: Project: Example Project Test Item: Item P 401, Lot A. A. PWL Determination for Mat Density. P L = percent within lower specification limit P U = percent within upper specification limit EXAMPLE OF PWL CALCULATION 1. Density of four random cores taken from Lot A. A A A A n = 4 2. Calculate average density for the lot. Invitation for Bid (IFB) Package 146 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

243 X = (x1 + x2 + x3 +...xn) / n X = ( ) / 4 X = percent density 3. Calculate the standard deviation for the lot. Sn = [(( ) 2 + ( ) 2 +( ) 2 + ( ) 2 )) / (4 1)] 1/2 Sn = [( ) / 3] 1/2 Sn = Calculate the Lower Quality Index Q L for the lot. (L=96.3) Q L = (X L) / Sn Q L = ( ) / 1.15 Q L = Determine PWL by entering Table 1 with Q L = 1.44 and n= 4. PWL = 98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A A A A Calculate the average air voids for the lot. X = (x1 + x + x3...n) / n X = ( ) / 4 X = 3.57 percent 3. Calculate the standard deviation Sn for the lot. Sn = [(( ) 2 + ( ) 2 + ( ) 2 + ( ) 2 ) / (4 1)] 1/2 Sn = [( ) / 3] 1/2 Sn = Calculate the Lower Quality Index Q L for the lot. (L= 2.0) Q L = (X L) / Sn Invitation for Bid (IFB) Package 147 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

244 Q L = ( ) / 1.12 Q L = Determine P L by entering Table 1 with Q L = 1.41 and n = 4. PL = Calculate the Upper Quality Index Q U for the lot. (U= 5.0) Q U = (U X) / Sn Q U = ( ) / 1.12 Q U = Determine P U by entering Table 1 with Q U = 1.29 and n = 4. P U = Calculate Air Voids PWL PWL = (P L + P U ) 100 PWL = ( ) 100 = 90 EXAMPLE OF OUTLIER CALCULATION (Reference ASTM E 178) Project: Example Project Test Item: Item P 401, Lot A. A. Outlier Determination for Mat Density. 1. Density of four random cores taken from Lot A. arranged in descending order. A A A A Use n=4 and upper 5 percent significance level of to find the critical value for test criterion = Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average: If: (measurement average)/(standard deviation) is less than test criterion, Then: the measurement is not considered an outlier for A 3 Check if ( ) / 1.15 greater than is less than 1.463, the value is not an outlier Invitation for Bid (IFB) Package 148 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

245 b. For measurements less than the average: If (average measurement)/(standard deviation) is less than test criterion, the measurement is not considered an outlier for A 1 Check if ( ) / 1.15 greater than is less than 1.463, the value is not an outlier NOTE: In this example, a measurement would be considered an outlier if the density was: greater than ( x1.15) = percent or, less than ( x1.15) = percent Invitation for Bid (IFB) Package 149 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

246 Percent Within Limits (P L and P U ) TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Positive Values of Q (Q L and Q U ) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n= Invitation for Bid (IFB) Package 150 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

247 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of Q (Q L and Q U ) Limits n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 (P L and P U ) END OF SECTION Invitation for Bid (IFB) Package 151 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

248 INTENTIONALLY LEFT BLANK Invitation for Bid (IFB) Package 152 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

249 PART 5.2 FAA GENERAL PROVISIONS SECTION 120 NUCLEAR GAGES TESTING. When the Specifications provide for nuclear gauge acceptance testing of material for Items P 152, P 154, P 208, and P 209, the testing shall be performed in accordance with this section. At each sampling location, the field density shall be determined in accordance with ASTM D 6938 using the Direct Transmission Method. The nuclear gauge shall be calibrated in accordance with ASTM D Calibration and operation of the gauge shall be in accordance with the requirements of the manufacturer. The operator of the nuclear gauge must show evidence of training and experience in the use of the instrument. The gauge shall be standardized daily in accordance with ASTM standards. When using the nuclear method, ASTM D 6938 shall be used to determine the moisture content of the material. The calibration curve furnished with the nuclear gauges shall be checked in accordance with ASTM standards. The calibration checks shall be made at the beginning of a job and at regular daily intervals. The material shall be accepted on a lot basis. Each Lot shall be divided into eight (8) sublots when ASTM D 6938 is used When PWL concepts are incorporated, compaction shall continue until a PWL of 90 percent or more is achieved using the lower specification tolerance limits (L) below. The percentage of material within specification limits (PWL) shall be determined in accordance with the procedures specified in Section 110 of the General Provisions. The lower specification tolerance limit (L) for density shall be: Specification Item Number Specification Tolerance (L) for Density, (percent of laboratory maximum) Item P for cohesive material, 95.5 for non cohesive Item P Item P Item P If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the Contractor at the Contractor s expense. After reworking and recompaction, the lot shall be resampled and retested. Retest results for the lot shall be reevaluated for acceptance. This procedure shall continue until the PWL is 90 percent or greater VERIFICATION TESTING. (For Items P 152 and P 154 only.) The Engineer will verify the maximum laboratory density of material placed in the field for each lot. A minimum of one test will be made for Invitation for Bid (IFB) Package 59 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

250 each lot of material at the site. The verification process will consist of; (1) compacting the material and determining the dry density and moisture density in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more], and (2) comparing the result with the laboratory moisture density curves for the material being placed. This verification process is commonly referred to as a one point Proctor. 1 If the material does not conform to the existing moisture density curves, the Engineer will establish the laboratory maximum density and optimum moisture content for the material in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more]. Additional verification tests will be made, if necessary, to properly classify all materials placed in the lot. The percent compaction of each sampling location will be determined by dividing the field density of each sublot by the laboratory maximum density for the lot. END OF SECTION 120 Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 2 FAA GENERAL PROVISIONS

251 PART 5 3 REQUIRED FEDERAL PROVISIONS AND FAA GENERAL PROVISIONS REFERENCE CHART Bid Form Contract Document Provision Instructions to Bidders, Sections 1.1 Submittal Instructions to Bidders, Section 1.4 Bid Security Instructions to Bidders, Bid Submittals Instructions to Bidders, 1.6 Bid Signature Instructions to Bidders, 1.9 Withdrawal of Bid Instructions to Bidders, 8.0 Opening of Bids Instructions to Bidders, 9.0 Determination of Lowest Responsible Bidder Instructions to Bidders, 9.4 Bid Discrepancies Instructions to Bidders, Section 10.1 Decision to Award Instructions to Bidders, Section 10.2 Decision to Reject Instructions to Bidders, Section 10.3 Execution of Contract Instructions to Bidders, Section 14.0 Performance, Payment (Labor and Materials) Surety Bonds Construction Contract, Section 2 The Project Construction Contract, Section 4 Contractor s Duty Construction Contract, Section 6.2 Commencement of Work Construction Contract, Sections 6.3 Contract Time Construction Contract, Section 6.4 Liquidated Damages Construction Contract, Sections 6.5 Adjustments to Contract Time Construction Contract, Section 9 Indemnification Construction Contract, Section 10 Nondiscrimination Required Federal Provisions and/or FAA General Provisions FAA General Provisions, 20 6 Examinations of Plans, Specifications, and Site FAA General Provisions, Delivery of Proposal FAA General Provisions, 20 9 Bid Guarantee FAA General Provisions, 30 4 Return of Proposal Guaranty FAA General Provisions, 20 7 Preparation of Proposal FAA General Provisions, 20 7 Preparation of Proposal FAA General Provisions, Withdrawal or Revision of Proposals FAA General Provisions, Public Opening of Proposals FAA General Provisions, Disqualification of Bidders FAA General Provisions, Consideration of Proposals FAA General Provisions, 20 7 Preparation of Proposal FAA General Provisions, Award of Contract FAA General Provisions, Irregular Proposals FAA General Provisions, Disqualification of Bidders FAA General Provisions, 30 1 Consideration of Proposals; FAA General Provisions, 30 3 Cancellation of Award FAA General Provisions, 30 6 Execution of Contract; FAA General Provisions, 30 8 Failure to Execute Contract FAA General Provisions, 30 5 Requirements of Contract Bonds FAA General Provisions, 40 1 Intent of Contract FAA General Provisions, 40 1 Intent of Contract FAA General Provisions, 80 2 Notice to Proceed; FAA General Provisions, 80 7 Determination and Extension of Contract Time FAA General Provisions, 80 8 Failure to Complete on Time FAA General Provisions, 80 7 Determination and Extension of Contract Time FAA General Provisions, Responsibility for Damage Claims Federal Required Provisions, 3 Affirmative Action Requirements Federal Required Provisions, 6 Civil Rights General Federal Required Provisions, 7 Civil Rights Title VI Assurances Federal Required Provisions, 13 Disadvantaged Business Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

252 Contract Document Provision Construction Contract, Section 11 Insurance and Bonds Construction Contract, Section 14 Default Construction Contract, Section 15 City s Rights and Remedies Construction Contract, Section 15.4 Suspension by City Construction Contract, Section 20 Permits and Licenses General Conditions, Article 2.2 Access to Project Site General Conditions, Article Review of the Site, Contract Documents, and Field Conditions General Conditions, Article Review of the Site, Contract Documents, and Field Conditions General Conditions, Article Review of the Site, Contract Documents, and Field Conditions General Conditions, Article Supervision and Construction Procedures General Conditions, Article Supervision and Construction Procedures General Conditions, Article Responsibility for the Work General Conditions, Article 3.4 Labor, Workmanship, Materials and Manufactured Items General Conditions, Article Contractor s Warranty General Conditions, Article Contractor s Warranty General Conditions, Article 3.6 Construction Methods and Procedures General Conditions, Article 3.8 Legal Requirements General Conditions, Article 3.9 Project Staff General Conditions, Article 3.10 Schedules Required of Required Federal Provisions and/or FAA General Provisions Enterprise Federal Required Provisions, 15 Equal Opportunity Clause and Specifications Federal Required Provisions, 18 Non segregated Facilities Requirements FAA General Provisions, 30 5 Requirements of Contract Bonds FAA General Provisions, Insurance FAA General Provisions, 80 9 Default and Termination of the Contract FAA General Provisions, 80 9 Default and Termination of the Contract FAA General Provisions, 80 6 Temporary Suspension of the Work FAA General Provisions, 70 2 Permits, Licenses, and Taxes FAA General Provisions, Furnishing Rights of Way FAA General Provisions, 20 6 Examinations of Plans, Specifications, and Site FAA General Provisions, 20 6 Examinations of Plans, Specifications, and Site FAA General Provisions, 40 6 Removal of Existing Structures FAA General Provisions, 50 4 Cooperation of Contractor; FAA General Provisions, 100 Contractor Quality Control Program (GP through ) FAA General Provisions, 50 6 Construction Layout and Stakes FAA General Provisions, 50 2 Conformity with Plans and Specifications FAA General Provisions, 60 2 Contractor Quality Control FAA General Provisions, 50 2 Conformity with Plans and Specifications; FAA General Provisions, 60 1 Source of Supply and Quality Requirements; FAA General Provisions, 100 Contractor Quality Control Program (GP through ) FAA General Provisions, Guarantee of Workmanship and Materials and Date of Acceptance FAA General Provisions, 60 7 Storage of Materials FAA General Provisions, 60 2 Contractor Quality Control FAA General Provisions, 80 5 Character of Workers, Methods, and Equipment FAA General Provisions, 70 1 Laws to Be Observed FAA General Provisions, 80 5 Character of Workers, Methods, and Equipment FAA General Provisions, 80 3 Prosecution and Progress Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

253 Contract Document Provision Contractor General Conditions, Article 3.12 Submittals General Conditions, Article 3.13 Trade Names, Substitutions General Conditions, Article 3.17 Royalties and Patents General Conditions, Article 3.18 Permits and Licenses General Conditions, Article 3.20 Inspections General Conditions, Article Use of the Project Site and Cleanup General Conditions, Article Use of the Project Site and Cleanup General Conditions, Article Use of the Project Site and Cleanup General Conditions, Article Use of the Project Site and Cleanup General Conditions, Article 3.24 Environmental Controls General Conditions, Article 3.26 City Truck Route Ordinance General Conditions, Article 5.1 Contractor s Award of Subcontracts General Conditions, Article City s Right to Perform Construction and Award Separate Contracts General Conditions, Article City s Right to Perform Construction and Award Separate Contracts General Conditions, Article 6.2 Mutual Responsibility General Conditions, Article Changes General Conditions, Article Changes General Conditions, Article 7.2 Change Order Requests and Change Orders General Conditions, Article Change Order Requests and Change Orders General Conditions, Article 7.3 Field Orders Required Federal Provisions and/or FAA General Provisions FAA General Provisions, Shop Drawings and Submittals FAA General Provisions, Materials List FAA General Provisions, Trade Names and Alternatives FAA General Provisions, 70 3 Patented Devices, Materials, and Processes FAA General Provisions, 70 1 Laws to be Observed FAA General Provisions, 70 2 Permits, Licenses, and Taxes FAA General Provisions, 50 8 Authority and Duties of Inspectors; FAA General Provisions, 50 9 Inspection of the Work FAA General Provisions, Removal of Unacceptable and Unauthorized Work FAA General Provisions, Protection and Restoration of Property and Landscape FAA General Provisions, Protection and Restoration of Property and Landscape FAA General Provisions, 40 8 Final Cleaning Up FAA General Provisions, 70 6 Sanitary, Health, and Safety Provisions FAA General Provisions, Environmental Protection Federal Required Provisions, 8 Clean Air and Water Pollution Control FAA General Provisions, Load Restrictions FAA General Provisions, 80 1 Subletting of Contract FAA General Provisions, 50 5 Cooperation Between Contractors FAA General Provisions, 50 5 Cooperation Between Contractors FAA General Provisions, 50 5 Cooperation Between Contractors FAA General Provisions, 40 2 Alteration of Work and Quantities FAA General Provisions, 90 3 Compensation for Altered Quantitites FAA General Provisions, 90 7 Cost Markups FAA General Provisions, 40 4 Extra Work; FAA General Provisions, 90 5 Payment for Extra Work and Force Account Work FAA General Provisions, 40 2 Alteration of Work and Quantities Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

254 Contract Document Provision General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article Application for Payment General Conditions, Article 9.5 Deposit of Securities in Lieu of Retention and Deposit of Retention Into Escrow General Conditions, Article 9.6 Beneficial Occupancy General Conditions, Article 9.7 Substantial Completion General Conditions, Article 9.8 Final Completion and Payment General Conditions, Article 10.1 Safety Precautions and Programs General Conditions, Article 10.2 Safety of Persons and Property General Conditions, Article Safety of Persons and Property General Conditions, Article 11.1 Contractor s Insurance General Conditions, Article 12.1 Uncovering Work General Conditions, Article 12.2 Correction of Defective Work and Guarantee to Repair Period General Conditions, Article 13 State Labor Law Required Federal Provisions and/or FAA General Provisions FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 9 Payment for Materials on Hand FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 90 8 Partial Payments FAA General Provisions, Payment of Withheld Funds FAA General Provisions, Partial Acceptance; FAA General Provisions, Opening Sections of the Work to Traffic FAA General Provisions, Final Acceptance FAA General Provisions, Acceptance and Final Payment FAA General Provisions, 40 5 Maintenance of Traffic; FAA General Provisions, 70 6 Sanitary, Health, and Safety Provisions FAA General Provisions, Safety FAA General Provisions, 40 5 Maintenance of Traffic; FAA General Provisions, 70 6 Sanitary, Health, and Safety Provisions; FAA General Provisions, 70 7 Public Convenience and Safety FAA General Provisions, 70 8 Barricades, Warning Signs, and Hazard Markings FAA General Provisions, 70 9 Use of Explosives FAA General Provisions, Insurance FAA General Provisions, 50 9 Inspection of the Work FAA General Provisions, 50 2 Conformity with Plans and Specifications FAA General Provisions, Removal of Unacceptable and Unauthorized Work FAA General Provisions, Guarantee of Workmanship and Materials and Date of Acceptance FAA General Provisions, No Waiver of Legal Rights Federal Required Provisions, 9 Contract Workhours and Safety Standards Act Federal Required Provisions, 10 Copeland Anti Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

255 Contract Document Provision Special Provisions, Section Construction Safety and Phasing Plan (CSPP) Special Provisions, Section Construction Schedule and Progress Schedule Special Provisions, Section Lines and Grades Special Provisions, Section Material Testing and Retesting Special Provisions, Section Schedule of Values Special Provisions, Section (A) Runway Closure Marking Special Provisions, Section (B) Runway Closure Marking Special Provisions, Section Barricades Special Provisions, Section Time of Completion and Liquidated Damages Special Provisions, Section Basis of Payment Required Federal Provisions and/or FAA General Provisions Kickback Act Federal Required Provisions, 16 Federal Fair Labor Standards Act Federal Required Provisions, 19 Occupational Safety and Health Act of 1970 FAA General Provisions, 40 5 Maintenance of Traffic FAA General Provisions, 70 6 Sanitary, Health, and Safety Provisions FAA General Provisions, 80 3 Prosecution and Progress FAA General Provisions, Project Progress Schedule FAA General Provisions, 50 6 Construction Layout and Stakes FAA General Provisions, 60 2 Samples, Tests, and Cited Specifications FAA General Provisions, 60 3 Certification of Compliance FAA General Provisions, 90 8 Partial Payments FAA General Provisions, 70 8 Barricades, Warning Signs, and Hazard Markings FAA General Provisions, 70 8 Barricades, Warning Signs, and Hazard Markings FAA General Provisions, 70 8 Barricades, Warning Signs, and Hazard Markings FAA General Provisions, 80 7 Determination and Extension of Contract Time FAA General Provisions, 80 8 Failure to Complete on Time FAA General Provisions, 90 9 Acceptance and Final Payment Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

256 Invitation for Bid (IFB) Package 60 Rev. June 2014 PART 5 4 CITY OF PALO ALTO GENERAL CONDITIONS

257 PART 6 SPECIAL PROVISIONS FOR AIRPORT CONSTRUCTION Invitation for Bid (IFB) Package Rev. June 2014 PART 6 SPECIAL PROVISIONS

258 PART 6 SECTION 1 SPECIAL PROVISIONS FOR AIRPORT CONSTRUCTION ORDER OF WORK. Order of work shall conform to the provisions in this Part 6, Section 1, Special Provisions for Airport Construction, and Part 8, Appendix 1, Construction Safety and Phasing Plan of these Special Provisions. Work will be implemented in logical and sequenced segments. CONTRACTOR shall prepare a video of the construction area prior to beginning work. This video shall be the existing condition record of the job site. The video shall be done jointly by the CONTRACTOR and the Project Inspector and two copies of the video shall be furnished to the Project Inspector at the beginning of the Work. Construction safety area signs and devices shall be in place prior to beginning work. CONTRACTOR shall implement Best Management Practices (BMPs) throughout construction for the limits of work and staging areas. BMPs are incidental to PROJECT costs OVERVIEW. This Section provides for construction safety in an AIRPORT environment; limitations on construction operations; minimum requirements for construction management and scheduling; and site specific 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 SUBMITTALS. Unless otherwise specified or directed by the PROJECT ENGINEER, all Contract Bid Items are subject to the submittal requirements of the SPECIFICATIONS for each Bid Item. Submittals shall be provided to the ENGINEER during the Mobilization element CONSTRUCTION SAFETY AND PHASING PLAN (CSPP). The CONTRACTOR shall comply with the projectspecific CSPP included as Appendix 1 to Part 8. Included as part of the requirements of the attached CSPP is the CONTRACTOR prepared Safety Plan Compliance Document (SPCD) CONSTRUCTION SCHEDULE AND PROGRESS SCHEDULE. A construction schedule and progress schedule shall be submitted to the CITY by the CONTRACTOR within ten (10) working days after the award of contract. The schedule shall be presented at the preconstruction meeting and updated and presented for each weekly construction meeting. A CITY approved schedule will be required prior to issuing a Notice to Proceed. Schedule shall be a Critical Path Method 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 indicated work being fully completed within the scheduled time of completion or substantial completion. Invitation for Bid (IFB) Package Rev. June 2014 PART 6 SPECIAL PROVISIONS

259 Format of construction progress schedule shall be horizontal bar chart type with separate bar representing each major category of work. Arrangement shall reflective of bid schedule items. Schedule shall be coordinated with all other CONTRACTORs, subcontractors and material suppliers prior to submission. CONTRACTOR shall automatically update 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 LINES AND GRADES. The CONTRACTOR shall provide construction and layout staking for CITY to review and confirm prior to work being started. The CITY will be given 48 hours' notice of pavement marking layout so it may be checked. CONTRACTOR to place reference points for existing marking layout prior to removals in locations where marking locations are changed. Reference points shall be removed when markings are applied and accepted by the CITY 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 field inspector at the time each progress bill is submitted. All deviations from the DRAWINGS, exact locations and sizes of all utilities, mechanical and electrical lines, equipment details, and all stub outs and connections for future expansion, shall be incorporated. Documentation of RECORD DRAWINGS shall be included in other items of work and no separate payment will be made MATERIAL TESTING AND RETESTING. All Quality Control shall be performed by the CONTRACTOR; all acceptance testing will be performed by the CITY as necessary. The Quality Control Testing shall include but is not limited to: A. Compaction testing for soils, aggregates, and pavements prior to acceptance testing of cores by CITY. The CONTRACTOR is allotted one acceptance test per area per material per lot. In the event the acceptance tests do not pass and the CITY is required to retest the area, the cost for each retest shall be borne by the CONTRACTOR 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 after the Notice to Proceed. 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. 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. Basic Schedule of Values shall bear a signature by the CONTRACTOR attesting schedule is a true and accurate cost breakdown of Contract Sum. Format of Schedule of Values shall be AIA Form G702/G703 or in other form acceptable to ENGINEER and CITY RUNWAY CLOSURE MARKERS. Invitation for Bid (IFB) Package Rev. June 2014 PART 6 SPECIAL PROVISIONS

260 A. General. Work under this item consists of furnishing, placing, and operating FAA approved runway closure markers that are portable, trailer mounted, lighted devices, placed during the times stated and at locations shown on the PLANS. CONTRACTOR shall provide submittal for the runway closure marker device to the CITY for review and approval. CONTRACTOR is responsible for periodic maintenance and upkeep of devices according to the manufacturer s recommendations throughout the duration of the PROJECT, including but not limited to refueling, lamp replacement, lubrication, oil changes, etc. Runway closure markers shall become the property of the CONTRACTOR upon completion of the PROJECT. The CONTRACTOR shall provide the following for use on this PROJECT: One set of trailer mounted runway closure markers. B. Runway Closure Markers, Trailer Mounted. Lighted, trailer mounted, runway closure markers, model RCM D shall be manufactured by Hali Brite, 925 First Street SW, PO Box 10, Crosby, MN 56441; phone: (800) ; sales@halibrite.com or FAA approved equal as listed on FAA approved equipment list BARRICADES. A. Low Profile Barricades. CONTRACTOR shall provide 8 foot long, low profile barricades as manufactured by Multi Barrier (Model AR 10 x 96), Sherwin Industries, Inc., or approved equal. They shall be equipped with reflective striping on each side and two, Omni directional, Type A, red, solar powered lights. Numbers to be supplied and turned over to the CITY by the CONTRACTOR are as shown on the PLANS. B. Delineators. CONTRACTOR shall supply plastic delineators, 42 inches high, four inches in diameter, florescent orange, supplied with a weighted base and reflective stripes. Flashing, Omni directional, red lights for the delineators shall be provided by the CONTRACTOR. Delineators shall conform to the recommendations in the Manual on Uniform Traffic Control Devices, Tubular Markers TIME OF COMPLETION AND LIQUIDATED DAMAGES. The overall time of completion for each of the PROJECTS is as follows and as described in the respective CSPP: Palo Alto Airport Overall Project Eighteen (18) working days; o o Mobilization Element: Ten (10 Working Days) Construction Element: Eight (8) Working Days If the approved time limitations for any phase of work are not met, liquidated damages will be assessed at a rate of $2,500 per calendar day. Additionally, if the runway is not reopened at the specified date and time allowed for closure period(s), liquidated damages of $1,000 per hour will be assessed for each hour or portion of hour until the runway is opened to aircraft. Procurement time of materials between the Mobilization Element and Construction Element shall not be counted as working days as long as all other items are completed. Working days between initial and final application of pavement markings (30 calendar days) shall not be counted as working days as long as all other elements of work are completed. Invitation for Bid (IFB) Package Rev. June 2014 PART 6 SPECIAL PROVISIONS

261 ACCESS AND SECURITY. A. CONTRACTOR Access. CONTRACTOR access to the various work areas shall be via the closest access routes indicated on the Project Layout Plan. Additional haul routes on AIRPORT property shall be approved by the CITY. All access routes and haul roads shall be kept clean and free of debris. Dust control shall be maintained. B. Access Security Control. 1. The CONTRACTOR shall be responsible for maintaining AIRPORT security. 2. All access gates shall be kept clear of equipment and material EXISTING FACILITIES. The CONTRACTOR is advised that there are numerous underground utilities in the construction area; the locations of known facilities are shown in the position estimated from available records. Although efforts have been made to locate these facilities as accurately as possible, the locations shown are approximate only. The CONTRACTOR's shall carefully field locate these facilities as directed by the ENGINEER or at the CONTRACTOR s discretion. Should any of the facilities be damaged or broken as a result of the CONTRACTOR's operations, they shall promptly be repaired at the CONTRACTOR s expense. The costs associated with potholing or otherwise locating existing underground facilities shall be incidental to the various bid items CONSTRUCTION WATER. The source of construction water for the PROJECT shall be coordinated by the CONTRACTOR. The CONTRACTOR shall pay water and meter fees; and make all necessary arrangements with appropriate local utility to secure construction water for the duration of the CONTRACT. No direct payment will be made for this work. The CONTRACTOR shall include all costs associated with construction water in the price of the work. METHOD OF MEASUREMENT Airfield Safety and Traffic Control will be measured as a lump sum item. BASIS OF PAYMENT 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, including but not limited to low profile barricades, trailer mounted runway closure crosses, installation and removal of 4 foot construction fence around staging area limits, installation of chain link fence and gate for construction access, tools, equipment, CSPP compliance, SPCD preparation and compliance, and incidentals necessary to complete the work as specified in Part 7, Sections 1 through 7 of the Technical Specifications included in this Invitation for Bids Package and requirements shown on the PLANS. Payment will be made under: Airfield Safety and Traffic Control Lump Sum END OF SECTION Invitation for Bid (IFB) Package Rev. June 2014 PART 6 SPECIAL PROVISIONS

262 PART 7 TECHNICAL SPECIFICATIONS SECTION 1-7

263 PART 7 TECHNICAL SPECIFICATIONS SECTION 1 MOBILIZATION GENERAL. Mobilization shall consist of preparatory work and operations, including, but not limited to, attending preconstruction meetings; preparing PROJECT schedules; submittal documents; those actions necessary for the movement of personnel, equipment, supplies, MUTCD traffic control devices, delineators, and incidentals to the PROJECT site; establishing of all other facilities necessary for work on the PROJECT; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various CONTRACT items on the PROJECT site MOBILIZATION ELEMENT. The Mobilization element shall begin immediately upon receipt of the Notice to Proceed for Mobilization. See Part 6 Special Provisions for Airport Construction and Part 8, Appendix 1, Construction Safety and Phasing Plan of these Specifications for Mobilization phase time limits and applicable liquidated damages. CONTRACTOR is solely responsible for delays in PROJECT resulting directly or indirectly from late submissions or resubmission of submittals SUBMITTALS. All materials and equipment used to construct this item shall be submitted to the ENGINEER for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or SHOP DRAWINGS shall be provided. Submittal data shall be presented in a clear, precise, and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are of good quality and legible. Any deviations or substitutions from SPECIFICATIONS shall be identified, in writing, at the time the submittals are made. Clearly and boldly mark each copy to identify pertinent products or models applicable to this PROJECT. Indicate all optional equipment and delete non-pertinent data. CONTRACTOR is solely responsible for delays in PROJECT accruing directly or indirectly from late submissions or resubmissions of submittals. The data submitted shall be sufficient, in the opinion of the ENGINEER, to determine compliance with the PLANS and SPECIFICATIONS. The CONTRACTOR's submittals shall be neatly bound in a properly sized 3-ring binder, tabbed by SPECIFICATION section. The ENGINEER reserves the right to reject any and all equipment, materials or procedures, which, in the ENGINEER s opinion, does not meet the system design and the standards and codes, specified. METHOD OF MEASUREMENT Mobilization will be measured as a lump sum item. BASIS OF PAYMENT The CONTRACT lump sum price paid for Mobilization shall include full compensation for all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Mobilization as specified herein. Part 7, Section 1, Page 1

264 Payments made for Mobilization will be excluded from consideration in determining compensation under changed quantities. Payment will be made under: Mobilization Lump Sum END OF SECTION Part 7, Section 1, Page 2

265 PART 7 TECHNICAL SPECIFICATIONS SECTION 2 SURFACE PREPARATION GENERAL. This item shall consist of providing all labor, material, and equipment necessary to clean the airfield pavement using high-pressure water jets and vacuum pick-up system. Shot-blasting or sand blasting will only be allowed as described below. Surface preparation will be accomplished by removing 100% of the rubber deposits and other materials (i.e. oil, fuel, paint, and dust) from the pavement s micro-texture and removal of pavement reflectors on taxiway. Marking removal will be accomplished by removing not less than 60% or 95% of the marking materials, as specified on the PLANS, from the pavement s micro-texture. The CONTRACTOR shall remove all existing vegetation on the pavements to be surface prepared. Prior to sealing, existing cracks shall be cleaned and blown dry and treated, per Technical Specification Section 3 Pavement Repair and Crack sealing of these SPECIFICATIONS. A. Surface Preparation and 60% Paint Removal. Surface preparation shall be performed on all pavements to receive the microsurfacing treatment. This item shall include 100% rubber removal, 60% pavement marking removal, and pavement surface cleaning on all pavements to be microsurfaced. 60% removal of paint markings shall be defined as greater than half of the markings are removed with remaining markings being less than one inch by one inch in dimension. This work shall be performed with the equipment specified in of this section. B. 95% Paint Removal. This item shall include 95% pavement marking removal for the markings and surrounding areas specified on the PLANS, which include all white markings and some yellow and black markings. 95% removal shall include almost complete removal of the markings with the exception of small remaining flakes that which do not exceed a quarter-inch by a quarterinch in dimension. This work shall be performed with the equipment specified in of this section to result in an even surface texture of the rectangular limits shown on the PLANS MATERIALS WATER. Water shall be potable water obtained from a municipal source or well. Reclaimed water will not be allowed. The use of additives, such as chemicals, abrasive materials, detergents or salt water will not be allowed. CONSTRUCTION METHODS GENERAL. The work shall be performed at the locations designated on the plans or as directed by the CITY. The cleaning process shall remove 60% or 95% of the markings (depending on the area), 100% of the rubber deposits, and all other materials from the pavement surface micro-texture using ultrahigh pressure water jets and equipment sufficient to remove markers. Work shall not be performed unless the temperature is a minimum of 40º F and rising and the pavement temperature is a minimum of 35º F and rising unless otherwise approved by the CITY. Surface preparation work may be performed during inclement weather provided the rubber, water, and debris are Part 7, Section 2, Page 1

266 100% contained by the vacuum system. Water collected by the vacuum system may not be disposed of on site. All contaminated water shall be properly disposed of off-site. Water shall not be allowed to run into any storm drain system, lake, river, or stream. Rubber and debris collected by the vacuum system shall be properly disposed. The work shall be performed without causing damage to the light fixtures or other airfield property. Damage may occur to the joints and joint sealant material. Operations that cause damage shall be minimized excessively. EQUIPMENT EQUIPMENT. The equipment used for the surface preparation shall be a self-contained vehicle licensed to travel on the public roadway. The vehicle shall contain an ultra-high pressure (UHP) water pump, clean and dirty water tanks, and a vacuum pickup system. The truck(s) shall have a hydrostatic drive, independent of the truck transmission, capable of varying the forward speed of the truck during surface renewal from 0 to 7 mph. A vacuum truck(s), vacuum sweeper(s), or similar devices shall be provided as a secondary means of recovery, capable of collecting the rubber, water and other debris from the runway surface. The vacuum equipment shall be a self-contained vehicle licensed to travel on the public roadway. The UHP pump shall provide adequate water pressure and quantity (gpm), as necessary to be capable of cleaning a minimum of 5,000 square yards per hour or at a rate capable of completing the work within the specified time limitations. Multiple pieces of equipment may be required. The surface cleaning equipment vehicle(s) shall have a multi-jet spray head. The vehicle shall be capable of carrying sufficient water to operate continuously for a minimum of four hours. The equipment shall be equipped with approved flashing yellow safety lights. The equipment vehicle shall be equipped with work area lighting adequate for night operation. CONSTRUCTION TEST AREA. Prior to the start of the work the CONTRACTOR shall perform surface preparation operations in a test area, at a location designated by the CITY, covering a minimum of 500 square yards to demonstrate the quality of the surface preparation. The UHP pump shall be set at an operating pressure and flow rate, and the forward speed of the vehicle as necessary to remove the rubber deposits, paint, and other materials as specified without causing excessive damage to the pavement surface or joints. The test area shall include similar pavements to those included in the CONTRACT. Following the surface preparation test operation the CITY will inspect the test area to determine if the results are acceptable. The CITY has sole discretion to determine if the results are acceptable and the CITY reserves the right to terminate the work if unacceptable damage has occurred VISUAL INSPECTION SURFACE CLEANING. The CITY shall visually inspect prepared areas to determine if the percentage of the rubber deposits removed is acceptable. Visual inspection shall include a close inspection of the pavement surface to determine if the water jet has contacted 100% of the surface and the vacuum system has removed rubber and other materials from that surface and the pavement micro-texture. Part 7, Section 2, Page 2

267 2-5.3 VISUAL INSPECTION MARKING REMOVAL. The CITY shall determine by visual inspection if the specified removal of the markings have been achieved. Visual inspection will consist of a close inspection of random-sample areas of the pavement surface to determine if the water jet has adequately cleaned the painted pavement surface and that the vacuum system has removed all the marking debris. METHOD OF MEASUREMENT Surface preparation, including 60% paint removal, using high-pressure water shall be measured by the number of square yards of treated pavement surface in accordance with the SPECIFICATIONS and accepted by the ENGINEER. The entire surface treated will be included in this measurement Additional surface preparation to achieve 95% paint removal shall be measured per square yard of area treated for 95% paint removal. Only the area of markings to be removed to 95% will be included in this measurement. BASIS OF PAYMENT Payment will be made for surface preparation at the respective CONTRACT price per square yard for Surface Preparation and 60% Paint Removal. This price shall be full compensation for furnishing all materials, vegetation removal, cleaning and drying of cracks, and for all labor, equipment, tools, and incidentals necessary to complete the work as specified herein and as shown on the PLANS including removal of the pavement markings Payment will be made for additional marking removal, beyond the 60% paint removal specified above, at the respective CONTRACT price per square yard for 95% Paint Removal. This price shall be full compensation for furnishing all materials, and for all labor, equipment, tools, and incidentals necessary to complete the work as specified herein and as shown on the PLANS. At the completion of the removal limits, the entire area designated on the PLANS shall have the same surface texture. Payment will be made under: Surface Preparation and 60% Paint Removal Per Square Yard 95% Paint Removal Per Square Yard END OF SECTION Part 7, Section 2, Page 3

268 PART 7 TECHNICAL SPECIFICATIONS SECTION 3 PAVEMENT REPAIR AND CRACK SEALING GENERAL. This item shall consist of the repair of asphalt pavement in the proposed microsurfacing areas. Included in this item are treating cleaned cracks with an herbicide and crack sealing; isolated pavement repair and isolated asphalt patches; stabilization of shoulder areas along taxiway pavement with aggregate base; and required demolition of tie-downs. All work shall be constructed in accordance with these SPECIFICATIONS, at the general locations and of the form and dimensions shown on the PLANS and marked in the field by the CITY. CONTRACTOR to confirm with material supplier that microsurfacing products are compatible with selected crack seal products. MATERIALS GENERAL. Only approved materials conforming to the requirements of these SPECIFICATIONS shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the CITY before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the CONTRACTOR when required for examination and test. Materials shall be scored and handled to ensure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein HERBICIDE. Herbicide shall be pre-emergent type approved for use in California, Treflan or approved equal. A dye shall be added to the herbicide to show treated areas CRACK SEALER. Crack sealer shall be a rubberized asphalt material, Polyflex 3 by Crafco or equal, manufactured for the application specified. Crack sealer shall be compatible with the specific sealcoat being applied. A backing material, if required, shall be manufactured for use with the crack sealer. It shall be non-adhesive to the asphalt concrete and crack sealer HOT MIX ASPHALT. Asphalt concrete used for pavement repairs shall conform to Caltrans Specifications. See Section 6 Hot Mix Asphalt of these SPECIFICATIONS. CONSTRUCTION METHODS GENERAL. The CONTRACTOR shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the DRAWINGS and specified herein. All machinery and equipment owned or controlled by the CONTRACTOR, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the CITY CRACK SEALING. All cracks in microsurfacing areas shall be cleared of all vegetation, blown clean with a high-pressure air nozzle and a pre-emergent herbicide applied. Cracks greater than 3/8 inch in width shall be filled with an approved rubberized crack sealing material (Crafco Polyflex 3 or equal). Page 7, Section 3, Page 1

269 Cracks shall be cleaned and sealed before the application of microsurfacing material unless recommended otherwise by the microsurfacing supplier. The crack seal shall only be applied after the cracks and adjacent surfaces have been cleaned. All cracks shall be squeegeed flush with the pavement after the crack seal application. Within two days after application of the sealant, sealed cracks that reopen shall be resealed PAVEMENT REPAIR AND ASPHALT PATCH PREPARATION. Pavement repair and asphalt patch areas shown on the PLANS and designated in the field by the CITY shall be sawcut and excavated to full depth of asphalt concrete or ground to an appropriate depth to allow paving material to fill in existing pavement depressions as detailed on the PLANS. All materials removed in excavation shall be disposed of off-site. If disturbed by construction operations, the underlying base shall be recompacted to 95% relative compaction in accordance with ASTM D TIE-DOWN DEMOLITION. Existing tie-downs identified to be removed shall be cleanly sawcut or cored to a depth sufficient to allow the removal of the anchor without damage to the adjacent pavement. Each resulting hole will be cleaned and backfilled with CLSM (1,000 psi minimum per State Standard Specifications) and capped with asphalt concrete as shown on the PLANS prior to performing the microsurfacing. METHOD OF MEASUREMENT Crack sealing will be measured per linear foot of crack sealed as specified and accepted by the CITY Pavement repair and asphalt patch preparation will be measured as a lump sum item Tie-down anchor removal will be measured per each individual anchor removed. PAYMENT Crack sealing will be paid for at the CONTRACT unit price per linear foot. Payment shall include crack preparation, cleaning, herbicide treatment, and resealing if necessary. All costs for this work as accepted by the CITY shall be included in the price bid for crack seal Pavement repair and asphalt patch preparation will be paid for at CONTRACT lump sum price and include all materials, labor and work including but not limited to pavement removal, sawcutting, grinding, compaction of underlying material (if necessary), and cleaning necessary to complete the work as detailed herein and included in the PLANS. Hot mix asphalt (including tack coat) shall be paid separately under the respective bid item Payment for the removal of existing tie-down anchors and repair of resulting holes will be per each individual anchor removed. Payment shall include sawcutting, excavation, filling with CLSM, disposal, and all work, labor, and materials necessary to complete the work. Hot mix asphalt (including tack coat) shall be paid separately under the respective bid item. Payment will be made under: Crack Sealing Per Linear Foot Page 7, Section 3, Page 2

270 Pavement Repair and Asphalt Patch Preparation Per Lump Sump Tie-Down Demolition Per Each END OF SECTION PAGE INTENTIONALLY BLANK Page 7, Section 3, Page 3

271 PART 7 TECHNICAL SPECIFICATIONS SECTION 4 FAA ITEM P-603 BITUMINOUS TACK COAT DESCRIPTION GENERAL. This item shall consist of preparing and treating a bituminous or concrete surface with bituminous material in accordance with these SPECIFICATIONS and in reasonably close conformity to the lines shown on the PLANS. MATERIALS BITUMINOUS MATERIALS. The bituminous material shall be either cutback asphalt, emulsified asphalt, or tar and shall conform to the requirements of Table 1. The type, grade, controlling specification, and application temperature of bituminous material to be used shall be specified by the COUNTY. TABLE 1. BITUMINOUS MATERIAL Application Temperature Type and Grade Specification Deg. F Emulsified Asphalt CSS-1, CSS-1h ASTM D CONSTRUCTION METHODS WEATHER LIMITATIONS. The tack coat shall be applied only when the existing surface is dry and the atmospheric temperature is above 60 F. The temperature requirements may be waived, but only when so directed by the COUNTY EQUIPMENT. The CONTRACTOR shall provide equipment for heating and applying the bituminous material. The distributor shall be designed, equipped, maintained, and operated so that bituminous material at even heat may be applied uniformly on variable widths of surface at the specified rate. The allowable variation from the specified rate shall not exceed 10 percent. Distributor equipment shall include a tachometer, pressure gages, volume-measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. The distributor shall be self-powered and shall be equipped with a power unit for the pump and full circulation spray bars adjustable laterally and vertically. Part 7, Section 4, Page 1

272 If the distributor is not equipped with an operable quick shut off valve, the tack operations shall be started and stopped on building paper. The CONTRACTOR shall remove blotting sand prior to asphalt concrete lay down operations at no additional expense to the OWNER. A power broom and/or blower shall be provided for any required cleaning of the surface to be treated APPLICATION OF BITUMINOUS MATERIAL. Immediately before applying the tack coat, the full width of surface to be treated shall be swept with a power broom and/or airblast to remove all loose dirt and other objectionable material. Emulsified asphalt shall be diluted by the addition of water when directed by the CITY and shall be applied a sufficient time in advance of the paver to ensure that all water has evaporated before any of the overlying mixture is placed on the tacked surface. The bituminous material including vehicle or solvent shall be uniformly applied with a bituminous distributor at the rate of 0.05 to 0.15 gallons per square yard depending on the condition of the existing surface. The type of bituminous material and application rate shall be approved by the CITY prior to application. Following the application, the surface shall be allowed to cure without being disturbed for such period of time as may be necessary to permit drying out and setting of the tack coat. This period shall be determined by the CITY. The surface shall then be maintained by the CONTRACTOR until the next course has been placed. Suitable precautions shall be taken by the CONTRACTOR to protect the surface against damage during this interval BITUMINOUS MATERIAL CONTRACTOR'S RESPONSIBILITY. Samples of the bituminous material that the CONTRACTOR proposes to use, together with a statement as to its source and character, must be submitted and approved before use of such material begins. The CONTRACTOR shall require the manufacturer or producer of the bituminous material to furnish material subject to this and all other pertinent requirements of the CONTRACT. Only satisfactory materials so demonstrated by service tests, shall be acceptable. The CONTRACTOR shall furnish the vendor's certified test reports for each carload, or equivalent, of bituminous material shipped to the project. The tests reports shall contain all the data required by the applicable SPECIFICATION. If the CONTRACTOR applies the material prior to receipt of the tests reports, payment for the material shall be withheld until they are received. If the material does not pass the SPECIFICATIONS it shall be replaced at the CONTRACTOR's expense. The report shall be delivered to the CITY before permission is granted for use of the material. The furnishing of the vendor's certified test report for the bituminous material shall not be interpreted as a basis for final acceptance. All such test reports shall be subject to verification by testing samples of material received for use on the PROJECT. METHOD OF MEASUREMENT No separate measurement will be made for Bituminous Tack Coat. Part 7, Section 4, Page 2

273 BASIS OF PAYMENT No separate payment will be made for Bituminous Tack Coat. All costs associated with this item shall be included in the cost for Hot Mix Asphalt. MATERIAL REQUIREMENTS ASTM D 633 ASTM D 977 ASTM D 1250 ASTM D 2028 ASTM D 2397 Asphalt Institute Manual MS-6 Table IV-3 Volume Correction Table for Road Tar Emulsified Asphalt Petroleum Measurement Tables Cutback Asphalt (Rapid-Curing Type) Cationic Emulsified Asphalt Asphalt Pocketbook of Useful Information (Temperature-Volume Corrections for Emulsified Asphalts) END OF SECTION Part 7, Section 4, Page 3

274 PAGE INTENTIONALLY BLANK Part 7, Section 4, Page 4

275 PART 7 TECHNICAL SPECIFICATIONS SECTION 5 MICROSURFACING GENERAL. Microsurfacing shall consist of mixing a polymer-modified, cationic microsurfacing emulsion (MSE), aggregate, mineral filler, set-control additives, and water and spreading the mixture on a pavement surface where shown on the PLANS, in conformance with the provisions in these SPECIFICATIONS, and as directed by the ENGINEER. The mix shall be a quick-traffic system that will accept traffic in a short period of time after placement. MATERIALS MICROSURFACING EMULSION. Microsurfacing emulsion (MSE) shall be homogenous and shall conform to the provisions of these SPECIFICATIONS. The polymer shall be milled or blended into the asphalt or blended into the emulsifier solution prior to the emulsification process. The minimum amount and type of polymer shall be determined as part of the mix design but shall be a minimum 3% polymer solids, based upon asphalt weight. The MSE shall conform to the following requirements when tested in conformance with the following test methods: Polymer Modified, Cationic Microsurfacing emulsion (MSE) Specification Designation Test Method Requirement Viscosity 25 o C AASHTO T seconds Sieve, max. AASHTO T percent Settlement, 5 days, max. ASTM D244 5 percent Storage Stability, 1 day, max. AASHTO T 59 1 percent Residue by Evaporation, min. California Test percent Specification Designation for Residue Specification Designation Test Method Requirement 25 o C 100g, 5s, 0.1 mm AASHTO T Softening Point o C Min. AASHTO T Polymer Content Min. California Test WATER AND ADDITIVES. Water shall be of such quality that the asphalt will not separate from the MSE before the microsurfacing is placed on the pavement. If necessary for workability, a set-control agent that will not adversely affect the microsurfacing product may be used MINERAL FILLER. Mineral filler shall be Portland cement or hydrated lime that is free of lumps. Portland cement shall be either Type I, Type II, Type III or combination thereof. The type of mineral filler shall be determined by the CONTRACTOR based on laboratory mix designs. The mineral filler will be considered part of the aggregate gradation requirement. Part 7, Section 5, Page 1

276 5-2.4 AGGREGATE. The aggregate used for microsurfacing shall be Type I. The material shall be free from vegetable matter and other deleterious substances. Aggregate shall be free of lumps and oversize particles. Aggregate shall be volcanic in origin and black in color, as supplied by George Reed, Table Mountain Plant, Sonora, CA, or equal. The use of gray or light-colored aggregate will not be allowed. Aggregate, prior to the addition of the MSE, shall conform to the provisions of these SPECIFICATIONS. If aggregates are blended, each component aggregate shall conform to the Sand Equivalent and Durability Index requirements of these SPECIFICATIONS when tested in conformance with the respective California Tests. The percentage composition by mass of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with California Test 202: TYPE I Sieve Sizes Percentage Passing 3/8 in. 100 No No No No No. 50 (300 micro m) No. 100 (150 micro m) No. 200 ( 75 micro m) Residual asphalt concrete 10%-16% percentage dry weight of aggregate The aggregate (excluding mineral filler) shall conform to the following quality requirements: Test California Test Requirement Sand Equivalent (Min.) Durability Index (Min.) Percentage of Crushed Particles (Min.) % Los Angeles Rattler Loss at 500 Rev. (Max.) % Notes: 1. CT205, Section D is amended to read: Any particle having 2 or more freshly, mechanically fractured faces shall be considered a crushed particle. 2. Los Angeles Rattler shall be performed on the parent aggregate before crushing. If the results of the aggregate grading do not meet the specified gradation, the microsurfacing represented by the test shall be removed. If the results of the Sand Equivalent test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed MIX DESIGN. During the Mobilization element, the CONTRACTOR shall submit for approval of the ENGINEER a laboratory report of tests and a proposed mix design covering the specific materials proposed for use on the PROJECT. Part 7, Section 5, Page 2

277 The percentages of each individual material proposed in the mix design shall be shown in the laboratory report. Individual measurements shall be within the following limits: Residual Asphalt.. 5.5% to 10.5% by dry mass of aggregate Mineral Filler. 0% to 3% by dry mass of aggregate Additive As needed Water. As needed Rate of Application lb/yd 2 The mix design and aggregate tests shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association (ISSA) tests. The proposed microsurfacing mixture shall conform to the specified requirements when tested in conformance with the following tests: Test ISSA Test Method Requirements Wet 30 Minutes (Set) 60 Minutes (Traffic) (Min.) TB* kg-cm Minimum 20 kg-cm Minimum Excess Asphalt TB* g/m 2 Maximum Wet Stripping (Min.) TB* % Minimum Wet Track Abrasion 6-day Soak Loss (Max.) TB* g/m 2 Maximum Displacement Lateral (Max.) Specific Gravity after 1,000 cycles of 56.9 kg (Max.) TB* 147A 5% Maximum 2.10 Maximum Classification Compatibility TB* 144 (AAA,BAA) 11 Grade Pts. Minimum Mix 25 o C TB* 113 Controllable to 120 seconds Minimum TB* = Technical Bulletin The laboratory that performed the tests and designed the mixture shall sign the laboratory report. The report shall show the results of the tests on individual materials and shall compare their values to those required by these SPECIFICATIONS. The report shall clearly show the proportions of aggregate, filler (minimum and maximum), water (minimum and maximum), set control additive, and MSE solids content (minimum and maximum) based on the dry mass of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit mass of the aggregate (bulking effect) in conformance with the requirements of ASTM Designation C 29M. Previous laboratory reports covering the same materials may be accepted provided the material test reports were completed within the previous 12 months. The mix design shall further show the recommended changes in mineral filler, water, and additive proportions for high temperature weather conditions by reporting proportions of materials required for 60 seconds of mix time with materials heated to 38 o C. This 38 o C mixing report will not be required for project requiring nighttime application. The component materials used in the mix design shall be representative of the microsurfacing materials proposed by the CONTRACTOR for use on the PROJECT. Part 7, Section 5, Page 3

278 Once the mix design is approved by the ENGINEER, no substitution of other material will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design in conformance with the provisions of these SPECIFICATIONS. Substituted materials shall not be used until the mix design for those materials has been approved by the ENGINEER. The completed mixture, after addition of water and set control agent, if used, shall be such that the microsurfacing mixture has proper workability and cures within the time limitations set forth in Part 6, Section 1, Special Provisions for Airport Construction, and Part 8 Appendix 1, Construction Safety and Phasing Plan. EQUIPMENT GENERAL. The CONTRACTOR shall be responsible for providing adequate additional equipment to ensure planned production rate is met in the event there is a breakdown or rejection of equipment. All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working condition at all times to ensure a high-quality product. Suitable surface preparation equipment, traffic control equipment, hand tools, and any other support and safety equipment shall be provided by the CONTRACTOR as necessary to perform the work MIXING EQUIPMENT. The machine shall be specifically designed and manufactured to lay microsurfacing. The material shall be mixed by an automatic-sequenced, self-propelled microsurfacing mixing machine, which shall be a continuous-flow mixing unit able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, control setting additive, and water to a revolving multi-blade, double-shafted mixer and to discharge the mixed product on a continuous-flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler, control additive, and water to maintain an adequate supply to the proportioning controls when called for on the PLANS. The machine may be required to be a self-loading machine capable of loading materials while continuing to lay microsurfacing, thereby minimizing construction joints. If used, the self-loading machine shall be equipped to allow the operator to have full control of the forward and reverse speeds during applications of the microsurfacing material and be equipped with opposite-side driver stations to assist in alignment. The self-loading device, opposite-side driver stations, and forward and reverse speed controls shall be original equipment manufacturer design. Truck mounted mixer-spreaders must proportion microsurfacing materials by volume and mix them in continuous pugmill mixers. Before starting mixing and spreading activities, CONTRACTOR shall demonstrate: Rotating and reciprocating equipment are covered with metal guards. Indicators work and are visible while walking alongside the truck mounted mixer-spreader. Low-flow and no-flow devices work. The aggregate feeder's drive shaft is equipped with a revolution counter that reads to the nearest 0.10 of a revolution. Part 7, Section 5, Page 4

279 Aggregate feeders must be connected directly to the drive on the emulsion pump. Truck mounted mixer-spreaders must display identifying numbers at least 3 inches in height on the front and rear of the truck. The emulsion storage tank must have a thermometer at the pump suction level measuring the MSE temperature to within 10 F accuracy. The belt feeder delivering aggregate to the pugmill must have a device monitoring the aggregate depth. The device must automatically shut down the power to the belt feeder if the aggregate depth is less than the target depth. If the aggregate delivery belt is not an integral part of the drive chain, a second device must detect belt movement by monitoring revolutions of the belt feeder. This second device must automatically shut down power to the belt feeder if movement is interrupted. For both devices, shutdown may be delayed 3 seconds from sensing to allow for normal fluctuations PROPORTIONING DEVICES. Individual volume or weight controls for proportioning each material to be added to the mix (i.e. aggregate, mineral filler, emulsified asphalt, additive, and water) shall be provided and properly marked. These proportioning devices are used in material calibration and determining the material output at any time SPREADING EQUIPMENT. The mixture shall be agitated and spread uniformly in the surfacing box by means of twin-shafted paddles or spiral augers fixed in the spreader box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as a final strikeoff and shall be adjustable. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike-off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry. The spreader box must have a series of strike-off devices at its rear. The leading strike-off device must be: Fabricated of a suitable material such as steel or stiff rubber Designed to maintain close contact with the pavement during spreading Capable of obtaining the specified thickness Capable of being adjusted to the various pavement cross sections The final strike-off device must be: Fabricated of flexible material that produces a uniform texture in the finished surface Cleaned daily and changed if longitudinal scouring occurs in the microsurfacing CALIBRATION. Each mixing unit to be used in the performance of the work shall be calibrated in the presence of the ENGINEER prior to construction with PROJECT specific material. No machine will be allowed to work on the PROJECT until the calibration has been completed and accepted by the CITY. Calibration sheet is to be kept in every truck so certified. Part 7, Section 5, Page 5

280 On a daily basis during microsurfacing placement, gate settings for each truck used are to be recorded and approved by both the PROJECT inspector and the CONTRACTOR s foreman, noting truck, time and any changes from previous setting Periodic calibration checks ( Spot Checks ) may be made by the ENGINEER at random intervals and is required to ensure machine project performance and compliance. Any truck found to have defective material measurement devices shall not be used on the job until it is repaired and recalibrated. Also, if a spot check shows a truck to be out of tolerance by 10% or more, the truck shall not be used until it is recalibrated. Spot check testing is not used for Payment purposes. Spot Check Method: for 1 complete truck load of mix, the actual area placed is measured and noted. The amount of material placed is noted, as indicated on trucks measurement devices (e.g. number of turns of auger). The resulting pounds per area shall be 12 to 15 lb/yd WEATHER LIMITATIONS. Microsurfacing shall not be applied if either the pavement or air temperature is below 50 F (10 C) and falling, but may be applied when both pavement and air temperatures are above 45 F (7 C) and rising. No microsurfacing shall be applied when there is the possibility that the finished product will freeze within 24 hours. The mixture shall not be applied when weather conditions prohibit placement of material within the scope of the PROJECT SPECIFICATIONS SURFACE PREPARATION. The complete surface shall be power swept and vacuumed prior to application of microsurfacing. CONTRACTOR shall provide cleaning methods necessary to remove all dirt and loose material from the pavement. The application of microsurfacing shall not proceed until the inspector has approved the street sweeping. Vacuum broom sweepers (mobile or equivalent) shall be furnished by the CONTRACTOR for this portion of the work. If water is used, cracks shall be allowed to dry thoroughly before applying microsurfacing. No dry aggregate, either spilled from the lay-down machine or existing on the road, will be permitted to remain. Pavement markings shall be ground-off and pavement markers removed prior to the application of microsurfacing as per Section 2, Surface Preparation of these SPECIFICATIONS. All materials so gathered shall be properly disposed of off-site at CONTRACTOR s cost. CONTRACTOR shall also remove all dirt and plant material growing in the asphalt surface prior to placing microsurfacing. Immediately preceding the microsurfacing application, the CONTRACTOR shall cover all grates, slotted manholes, and other appurtenances on the pavement that would allow the entry of the micro; cover all closed manhole covers, water and gas valve box covers, monuments, monument boxes, tiedown anchors, etc., with a heavy plastic bag. Locations of manholes, valves and other utility or service entrance shall be recorded both on the PLANS prior to microsurfacing. The CONTRACTOR shall uncover all covered grates and manholes within 72 hours after the surfacing application APPLICATION. When required by local conditions, the surface shall be pre-wetted by fogging ahead of the spreader box. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, humidity, and dryness of the pavement. Using the approved mix design, proportion the microsurfacing materials by volume. Part 7, Section 5, Page 6

281 Field conditions may require adjustments during construction. ENGINEER's approval before adjusting proportions. CONTRACTOR shall obtain the A belt feeder with an adjustable cutoff gate must proportion aggregate. The gate opening height must be determinable. For the aggregate belt feeder, the delivery rate for any individual check run must not deviate more than 2 percent from the average of the rates of 3 runs of at least 3 tons each. Proportion emulsion using a positive displacement pump. For the emulsion pump, the delivery rate for any individual check run must not deviate more than 2 percent from the average of the rates of 3 runs of at least 300 gallons each. The microsurfacing shall be of the desired consistency upon leaving the mixer. A sufficient amount of material shall be carried in all parts of the spreader at all times so that a complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling, or unmixed aggregate shall be permitted. Microsurfacing application shall be stopped to allow sufficient time for curing, installation of temporary or permanent pavement delineation and removal all traffic control before the end of working hours each day. The surface and subsequent marking applications shall be completely opened to traffic at the end of working hours, as specified in Part 6, Section 1, Special Provisions for Airport Construction, and Part 8, Appendix 1, Construction Safety and Phasing Plan of these SPECIFICATIONS. Microsurfacing around manhole covers, tie-downs, and utility covers shall be squeegeed flush with the rim or feathered out around the cover. No streaks, such as those caused by dragging oversized aggregate, shall be left in the finished surface. If excess streaking develops, the job will be stopped until the CONTRACTOR proves to the ENGINEER that the situation has been corrected. Excessive streaking is defined as more than four drag marks greater than one-half (1/2) inch wide and four (4) inches long, or one (1) inch wide and three (3) inches long, in any 30 square yard area. No transverse ripples or longitudinal streaks of one-fourth (1/4) inch in depth will be permitted, when measured by placing a ten (10) foot straight edge over the surface. The straight-edge measuring devise shall be provided by the CONTRACTOR and available for each day of operation. The ENGINEER will determine areas to be checked in the presence of the CONTRACTOR. All areas found to be in need of correction, shall be repaired within 48 hours. All work associated with straight-edge checking and repair work, as necessary, shall be at the CONTRACTOR s expense and no additional compensation is allowed TEST STRIP. The CONTRACTOR shall construct a test strip, within the PROJECT limits, for evaluation by the ENGINEER. The test strip shall be a minimum of 200 feet long, shall replicate the full production placement of microsurfacing, and shall consist of the application courses specified. The test strip shall be constructed one day before the full production of microsurfacing will be placed. The test strip must be approved by the ENGINEER before full production of microsurfacing. Part 7, Section 5, Page 7

282 SAND BLOTTER. A sand blotter shall be spread at selected locations where required by the ENGINEER to accommodate pedestrian or vehicular traffic until microsurfacing cures. The sand used shall be Lone Star Lupis Luster dried grades #2-16, #1-6, #1-20 or an approved equal. Substitutes must be submitted to the ENGINEER for approval prior to use. Sand blotters shall be swept within 2 hours of placement or as directed by the ENGINEER. If the CITY has the sand removed, the CONTRACTOR will be charged the cost of the removal and disposal JOINTS. No excess buildup, uncovered areas, or unsightly appearance shall be permitted on longitudinal or transverse joints. The CONTRACTOR shall provide suitable-width spreading equipment to produce a minimum number of longitudinal joints throughout the PROJECT. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd-width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. A maximum of three (3) inches shall be allowed for overlap of longitudinal lane line joints. Also, the joint shall have no more than a 1/4-inch difference in elevation when measured by placing a 10-foot straight edge over the joint and measuring the elevation drop-off. The straight-edge measuring devise shall be provided by the CONTRACTOR and available for each day of operation. The ENGINEER will determine areas to be checked in the presence of the CONTRACTOR. All areas found to be in need of correction, shall be repaired within 48 hours. All work associated with straight-edge checking and repair work, as necessary, shall be at the CONTRACTOR s expense and no additional compensation is allowed MIX STABILITY. The microsurfacing shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading. It shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Under no circumstances shall water be sprayed directly into the lay-down box while laying microsurfacing material HANDWORK. Areas which cannot be reached with the mixing machine shall be surfaced using hand squeegees to provide complete and uniform coverage. If necessary, the area to be hand-worked shall be lightly dampened prior to mix placement. Care shall be exercised to leave no unsightly appearance from handwork. The same type of finish as applied by the spreader box shall be required LINES. Care shall be taken to ensure straight lines along curbs and shoulders. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a good appearance. If necessary, a suitable material will be used to mask off the end of a pass to provide straight lines. Edge lines shall not vary by more than ± 2 inches horizontal variance in any 96 feet of length CLEAN-UP. All areas, where microsurfacing material is placed outside the limits shown on the PLANS, shall have the microsurfacing mix removed as specified by the ENGINEER. The CONTRACTOR shall, on a daily basis, remove any areas of over-placement and/or debris associated with the performance of the work. If bleeding, raveling, or delamination of the new microsurfacing occurs, the CONTRACTOR shall make repairs by any method approved by the ENGINEER. The CONTRACTOR shall not be relieved from maintenance, and final CONTRACT payment will not be made, until repairs have been completed. Microsurfacing shall be removed by a profile grinder and a full lane width pass of microsurfacing shall be applied in full compliance with these SPECIFICATIONS. Part 7, Section 5, Page 8

283 METHOD OF MEASUREMENT Microsurfacing will be measured by the square yard for material placed and accepted by the ENGINEER. BASIS OF PAYMENT Microsurfacing will be paid for at the CONTRACT unit price per square yard. This price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing microsurfacing, complete in place, including testing for and furnishing mix design, cleaning the surface, furnishing added water and set-control additives, and protecting the microsurfacing until it has set, as shown on the PLANS, as specified in these SPECIFICATIONS, and as directed by the ENGINEER. Any placement less than the minimum application rate will result in a deduction in payment or reapplication according to the following table. REDUCE PAYMENT FACTORS Application Rate (1 lb/yd 2) Reduced Amount Factor <11.0 Reapply Payment will be made under: Microsurfacing Per Square Yard END OF SECTION Part 7, Section 5, Page 9

284 PART 7 TECHNICAL SPECIFICATIONS SECTION 6 HOT MIX ASPHALT (2006 MODIFIED CALTRANS) DESCRIPTION GENERAL. This work shall consist of furnishing and mixing aggregate and asphalt binder at a central mixing plant, spreading, and compacting the mixture as specified in these SPECIFICATIONS and as shown on the PLANS. Hot mix asphalt concrete shall be California State Type A, 1/2 inch maximum aggregate (medium) and shall be produced in a batch mixing plant, a continuous pugmill mixing plant or a drier-drum mixing plant. Proportioning shall be either by hot-feed control or cold feed control JOB MIX FORMULA. No bituminous mixture for payment shall be produced until a job mix formula conforming to California State Standards has been approved by the CITY. The Type A, 1/2-inch maximum, medium job mix formula shall be a recent (less than 6 months old) Caltrans mix design or a mix design shall be prepared specifically for this Project. The job mix formula shall be submitted in writing by the CONTRAC- TOR to the CITY during the mobilization submittal phase and at least twenty (20) working days prior to the start of paving operations. The job mix formula submittal shall include test property curves (unit weight, percent voids, and Hveem stability vs. percent asphalt) and all test data used to develop the job mix formula. With the job mix formula (JMF) submittal, submit the following: 1. California Test 204 plasticity index results. 2. California Test 371 tensile strength ratio (TSR) results for untreated HMA. 3. California Test 371 tensile strength ratio (TSR) results for treated HMA if untreated HMA tensile strength is below 70. Asphalt with TSR below 70 shall be treated with a liquid antistrip agent approved by the CITY and the resulting TSR shall be at least 70. The approved job mix formula shall be in effect until modified in writing by the CITY. Should a change in sources of materials be made, a new job mix formula shall be established before the new material is used PREQUALIFICATION OF MATERIALS. The CONTRACTOR shall provide all test results for prequalification of materials used in this item. Submittals of these test results shall be made with the job mix formula. No separate payment will be made for prequalification tests. MATERIALS ASPHALT CEMENT. Asphalt cement shall be PG Asphalt shall conform to Section 92, "Asphalts", of the State Standard Specifications AGGREGATE. All aggregates shall be clean and free from decomposed materials, organic material and other deleterious substances. Coarse aggregate is material retained on the No. 4 sieve; fine aggregate is Part 7, Section 6, Page 1

285 material passing the No. 4 sieve; and supplemental fine aggregate is added fine material passing the No. 30 sieve, including dust from dust collectors. The combined aggregate, prior to the addition of asphalt binder, shall conform to the requirements of this Section. Aggregate samples for testing will be obtained from plant bins or the cold feed in advance of the mixing drum. Conformance with the grading requirements will be determined by California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between the coarse and fine portions of the aggregate or between blends of different aggregates. If the results do not fall within the limits shown under "Operating Range", but are within limits for "Contract Compliance", placement of asphalt concrete may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the CITY that the next material to be used in the work will comply with the requirement for "Operating Range". If the results of grading tests are not within the limits for "Contract Compliance", the asphalt concrete represented by these tests shall be removed unless the CITY determines that said asphalt concrete is structurally adequate and may remain in place. No single grading test shall represent more than 500 tons of aggregate or one day's paving, whichever is smaller. In the table below, the symbol "X" is the gradation which the CONTRACTOR proposed to furnish for the specific sieve. The proposed gradation shall meet the gradation shown in the table under "Limits of Proposed Gradation". Changes from one mix design to another shall not be made during the progress of the work unless permitted by the CITY. However, changes in proportions to conform to the approved job mix formula shall not be considered changes in mix design. Sieve Sizes Limits of Proposed Gradation Operating Range Contract Compliance 3/4" /2" / No X±5 X±8 No X±5 X±8 No X±5 X±8 No Part 7, Section 6, Page 2

286 The combined aggregate shall conform to the following quality requirements prior to addition of the asphalt cement: Tests Percentage of Crushed Particles Coarse Aggregate (Min.) Fine Aggregate (Passing No. 4, Retained on No. 8) (Min.) Los Angeles Rattler Loss at 500 rev. (Max.) Sand Equivalent Contract Compliance (Min.) Operating Range (Min.) Test Method No. California Asphalt Concrete Type A % 70% % k cfactor (Max.) k ffactor (Max.) The water absorption value of the entire blend of aggregate shall not exceed 2.5 percent as determined by ASTM C 127 and C 128. These tests shall be included in the prequalification tests provided by the CONTRACTOR. Testing during construction for quality control will be performed by the CITY at no cost to the CONTRACTOR. The frequency of this testing will be determined by the CITY except that sand equivalent tests will be performed concurrently with aggregate gradation tests. If the test results do not meet the requirements listed, above production shall be terminated until the CONTRACTOR can satisfy the CITY that the necessary corrections have been made and that production meets specification. The CONTRACTOR shall be responsible for all testing required to bring the materials back into specification BITUMINOUS MIXTURE. The asphalt concrete mixture, composed of the asphalt concrete and aggregate proposed for use and at the job mix formula optimum percentages as determined by Test Method No. California 367, shall have the following material properties: Tests California Test Asphalt Concrete Type A Swell (Max.) " Moisture Vapor Susceptibility (Min.) Stabilometer Value (Min.) STORAGE. Storage and drying of materials shall be as indicated in the State Standard Specifications, Section , "Storage" and , as appropriate for the type of material and plant PROPORTIONING. Proportioning of materials shall conform to appropriate methods in the State Standard Specifications, Section , "Proportioning" MIXING. Mixing shall be in conformance with Section of the State Standard Specifications. Part 7, Section 6, Page 3

287 CONSTRUCTION METHODS GENERAL REQUIREMENTS. Unless lower temperatures are directed by the CITY, all mixtures, shall be spread, and the first coverage of initial or breakdown compaction shall be performed when the temperature of the mixture is not less than 275 o F, and all breakdown compaction shall be completed before the temperature of the mixture drops below 250 o F. Asphalt concrete shall be placed only when the atmospheric temperature is above 50 o F. Asphalt concrete base shall be placed only when the atmospheric temperature is above 40 o F. Asphalt concrete and asphalt concrete base shall not be placed when the underlying layer or surface is frozen, or when, in the opinion of the CITY, weather conditions will prevent the proper handling, finishing, or compaction of the mixtures. Asphalt concrete base shall be spread and compacted in one or more layers. Each layer of asphalt concrete shall not exceed 0.25-foot in compacted thickness unless approved by the CITY. A layer shall not be placed over another layer until the temperature of the lower layer is less than 160 o F at mid depth. Asphalt concrete and asphalt concrete base to be placed on shoulders and other areas off the traveled way having a width of 5 feet or more, shall be spread in the same manner as specified above. When the shoulders and other areas are less than 5 feet in width, the material may be deposited and spread in one or more layers by any mechanical means that produce a uniform smoothness and texture. Unless otherwise shown on the PLANS, asphalt mixtures shall not be handled, spread or windrowed in a manner that will stain the finished surface of any pavement or other improvements. The completed mixture shall be deposited on the roadbed at a uniform quantity per linear foot, as necessary to provide the required compacted thickness without resorting to spotting, picking-up or otherwise shifting the mixture. Segregation shall be avoided, and the surfacing shall be free from pockets of coarse or fine material. Asphalt concrete or asphalt concrete base containing hardened lumps shall not be used. Longitudinal joints in all other layers shall be offset not less than 1-foot alternately each side of the edges of traffic lanes. The CITY may permit other patterns of placing longitudinal joints if he considers that such patterns will not adversely affect the quality of the finished product. Unless otherwise provided herein or permitted by the CITY, the top layer of asphalt concrete for shoulders, tapers, transitions, curve widenings, and other such areas, shall not be spread before the top layer of asphalt concrete for the adjoining pavement has been spread and compacted. At locations where the number of lanes is changed, the top layer for the through lanes shall be paved first. When existing pavement is to be surfaced and the specified thickness of asphalt concrete to be spread and compacted on the existing pavement is foot or less, shoulders or other adjoining areas may be spread simultaneously with the through lane provided the completed surfacing conforms to the requirements of these specifications. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed. Part 7, Section 6, Page 4

288 At locations shown on the PLANS, specified in the special provisions or as directed by the CITY, the asphalt concrete shall be tapered or feathered to conform to existing surfacing or to other facilities. At locations where the asphalt concrete is to be placed over the areas inaccessible to spreading and rolling equipment, the asphalt concrete shall be spread by any means to obtain the specified results and shall be compacted thoroughly to the required lines, grades and cross sections by means of pneumatic tampers, or by other methods that will produce the same degree of compaction as pneumatic tampers SPREADING. In advance of spreading asphalt concrete over an existing base, surfacing, or pavement, if ordered by the CITY, asphalt concrete shall be spread to level irregularities, and to provide a smooth base in order that subsequent layers will be of uniform thickness. No additional compensation will be allowed for spreading asphalt concrete as above specified, and full compensation for all work incidental to such operations will be considered as included in the contract price paid for the asphalt concrete. When directed by the CITY, bituminous binder shall be applied to any layer in advance of spreading the next layer. Before placing the top layer adjacent to cold transverse construction joints, such joints shall be trimmed to a vertical face and to neat line. Transverse joints shall be tested with a 12 foot straightedge and shall be cut back as required to conform to the requirements specified in Paragraph 6-3.3, "Compacting", for surface smoothness. Connections to existing surfacing shall be feathered to conform to the requirements for smoothness. Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the CITY, in such condition that the quality of the completed joint will be affected. All layers, except as otherwise provided in these SPECIFICATIONS, shall be spread with an asphalt paver. Asphalt pavers shall be operated in such a manner as to insure continuous and uniform movement of the paver COMPACTING. Compacting equipment shall conform to the provisions of Paragraph 6-4.2, Compacting Equipment". A pass shall be one movement of a roller in either direction. A coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started. Rolling shall commence at the lower edge and shall progress toward the highest portion, except that when compacting layers which exceed 0.25 foot in compacted thickness, and if directed by the CITY, rolling shall commence at the center and shall progress outward. Asphalt concrete shall be compacted to relative compaction of not less than 95 percent. The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that Part 7, Section 6, Page 5

289 leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and other acceptable equipment shall be furnished by the CONTRACTOR SURFACE TOLERANCES. The CONTRACTOR shall have on site a 12-foot straightedge for testing the AC surface when said straightedge is laid on the finished surface and parallel with the center line, the surface shall not vary more than 0.01 foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.02 foot are present when tested with a straightedge 12 feet long. No skin patching will be allowed to correct depressions. EQUIPMENT SPREADING EQUIPMENT. Asphalt pavers shall be self-propelled mechanical spreading and finishing equipment, provided with a screed or strike-off assembly capable of distributing the material to not less than the full width of a traffic lane. Screed action shall include any cutting, crowding, or other practical action which is effective on the mixture without tearing, shoving or gouging, and which produces a surface texture of uniform appearance. The screed shall be adjustable to the required section and thickness. The paver shall be provided with a full width roller or tamper or other suitable compacting devices. Pavers that leave ridges, indentations or other marks in the surface that cannot be eliminated by rolling or prevented by adjustment in operation shall not be used. The asphalt paver shall operate independently of the vehicle being unloaded or shall be capable of propelling the vehicle being unloaded in a satisfactory manner and, if necessary, the load of the haul vehicle shall be limited to that which will insure satisfactory spreading. While being unloaded the haul vehicle shall be in contact with the machine at all times, and the brakes on the haul vehicle shall not be depended upon to maintain contact between the vehicle and the machine. The controls on the asphalt paver shall be capable of working in conjunction with any of the following attachments: Ski-type device not less than 25 feet in length. Taut stringline (wire) set to grade Laser No portion of the weight of hauling or loading equipment, other than the connection, shall be supported by the asphalt paver, and no vibrations or other motions of the loader, which could have a detrimental effect on the riding quality of the completed pavement, shall be transmitted to the paver COMPACTING EQUIPMENT. For each asphalt paver, the CONTRACTOR shall furnish sufficient number of rollers to achieve the compaction and surface finish required by these SPECIFICATIONS. Each roller shall have a separate operator. All rolling equipment shall be self-propelled and reversible. All rollers shall be equipped with pads and water systems which prevent sticking of asphalt mixtures to the pneumatic- or steel-tired wheels. A parting agent, which will not damage the asphalt mixture as determined by the CITY, may be used to aid in preventing the sticking of the mixture to the wheels. Other equipment, approved by the CITY in accordance with California Test 113, may be substituted for 3-wheel or tandem rollers when used as specified in Paragraph 6-3.3, "Compacting." Part 7, Section 6, Page 6

290 Pneumatic-tired rollers shall be the oscillating type having a width of not less than 4 feet with pneumatic tires of equal size, diameter and having treads satisfactory to the CITY. Wobble-wheel rollers will not be permitted. The tires shall be spaced so that the gaps between adjacent tires will be covered by the following tires, or shall be spaced so that any resulting uncovered gap will not exceed 1-1/2 inches in width when the tires are inflated to 90 psi and the operating weight is 2,000 pounds per tire. When the pneumatic-tired roller furnished by the CONTRACTOR is constructed so that there is a resulting gap between tire tracks as permitted in the preceding paragraph, the complete coverages of asphalt concrete with the roller required in Paragraph 6-3.3, "Compacting", shall be increased by one complete coverage for each 1/2 inch, or fraction thereof, of the maximum uncovered gap between any two tire tracks. The tires shall be inflated to 90 psi, or such lower pressure as designated by the CITY, and maintained so that the air pressure will not vary more than 5 psi from the designated pressure. Pneumatic-tired rollers shall be constructed so that the total weight of the roller can be varied to produce an operating weight per tire of not less than 2,000 pounds. The total operating weight of the roller shall be varied as directed by the CITY. METHOD OF MEASUREMENT Hot mix asphalt concrete pavement will be measured by the number of tons of bituminous mixture used in the accepted work. BASIS OF PAYMENT Payment for asphalt concrete surface course will be made at the CONTRACT unit price per ton based on certified weight tickets, under Hot Mix Asphalt. The price shall be compensation for furnishing all materials, for all preparation, mixing, and placing of these materials, testing, application of tack coat on surfaces to be paved, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Hot Mix Asphalt Per Ton END OF SECTION Part 7, Section 6, Page 7

291 PART 7 TECHNICAL SPECIFICATIONS SECTION 7 FAA ITEM P-620 AIRFIELD PAVEMENT MARKINGS DESCRIPTION GENERAL. This item shall consist of the painting of numbers, markings, surface painted direction markings, No Vehicle markings and stripes on the surface of runways, taxiways, and aprons, in accordance with these SPECIFICATIONS and at the locations shown on the PLANS, or as directed by the CITY. MATERIALS MATERIALS ACCEPTANCE. The CONTRACTOR shall furnish manufacturer's certified test reports for materials shipped to the PROJECT. The certified test reports shall include a statement that the materials meet the SPECIFICATION requirements. The reports can be used for material acceptance or the CITY may perform verification testing. The reports shall not be interpreted as a basis for payment. The CONTRACTOR shall notify the CITY upon arrival of a shipment of materials to the site PAINT. Paint shall be Waterborne in accordance with the requirements of Federal Specification TT-P-1952E, Type II. Paint shall be furnished in White-37925, Black-37038, and Yellow or in accordance with Federal Standard No REFLECTIVE MEDIA. Glass beads shall meet the requirements for Federal Specification, TT-B- 1325, Type III. Glass beads shall be treated with all compatible coupling agents recommended by the manufacturers of the paint and reflective media to ensure adhesion and embedment. CONSTRUCTION METHODS WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45 F and rising and the pavement surface temperature is at least 5 F above the dew point. Markings shall not be applied when the pavement temperature is greater than 120 F EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead dispensing machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an airless-type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. Part 7, Section 7, Page 1

292 7-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials without damage to the pavement surface. Use of any chemicals or impact abrasives during surface preparation shall be approved in advance by the CITY REMOVAL OF EXISTING MARKINGS. Marking removal shall be in conformance with Section 2 Surface Preparation of these SPECIFICATIONS LAYOUT OF MARKINGS. The proposed markings shall be laid out by the CONTRACTOR in advance of the paint application. The PLANS shall be used for schematic layout purposes only. The layout of the new markings in the field shall tie into existing markings where applicable. No paint shall be applied until the CITY has had an opportunity to review the marking layout. Under no circumstance shall black paint be used to cover pavement marking errors APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface has been reviewed by the CITY. The edges of the markings shall not vary from a straight line more than 1/2-inch in 50 feet and marking dimensions and spacings shall be within the following tolerances: Dimension and Spacing Tolerance 36 inches or less ±1/2 inch greater than 36 inches to 6 feet ± 1 inch greater than 6 feet to 60 feet ± 2 inches greater than 60 feet ± 3 inches The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate(s) shown in Table 1. All markings shall receive two coats of paint; the second coat applied 30 days after the first. The addition of thinner will not be permitted. A period of 36 hours shall elapse between placement of a surface treatment and application of the paint. Where applicable, the second coat shall not be placed until 30 days has passed since the completion of the surface treatment. Paint Type TABLE 1. APPLICATION RATES FOR PAINT AND GLASS BEADS Waterborne 1 of 1 Color Paint Square feet per gallon, ft 2 /gal Glass Beads, Type III Pounds per gallon of paint lb./gal. Black 115 None Waterborne 1 of 2 Waterborne 2 of 2 White/Yellow White/Yellow Part 7, Section 7, Page 2

293 Glass beads shall be distributed upon the marked areas at the locations shown on the PLANS to receive glass beads immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall not be applied to black paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. All emptied containers shall be returned to the staging area for checking by the CITY. The containers shall not be removed from the AIRPORT or destroyed until authorized by the CITY PROTECTION AND CLEANUP. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings of paint. The CONTRACTOR shall remove from the site all debris, waste, loose or unadhered reflective media, and by-products generated by the surface preparation and application operations to the satisfaction of the CITY. The CONTRACTOR shall dispose of these wastes in strict compliance with all applicable state, local, and Federal environmental statutes and regulations. METHOD OF MEASUREMENT The quantity of pavement markings will be measured by the number of square feet of pavement covered in accordance with the SPECIFICATIONS and accepted by the CITY. Glass beads shall be included in the respective bid item The quantity of surface painted direction markings and No Vehicle markings will be measured per each in accordance with the SPECIFICATIONS and accepted by the CITY. Glass beads shall be included in the respective bid item. BASIS OF PAYMENT Payment will be made at the respective CONTRACT price per square foot of pavement covered by pavement marking color as designated in the Bid Schedule. When multiple coats are required, the price per square foot shall include multiple coats. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals (including glass beads) necessary to complete the item Payment will be made at the respective CONTRACT price per each Surface Painted Direction Marking and No Vehicle Pavement Markings as designated in the Bid Schedule. When multiple coats are required, the price shall include multiple coats. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals (including glass beads) necessary to complete the item. Payment will be made under: Pavement Marking, White Per Square Foot Pavement Marking, Black Per Square Foot Pavement Marking, Yellow Per Square Foot No Vehicle Pavement Markings Per Each Part 7, Section 7, Page 3

294 TESTING REQUIREMENTS ASTM C 136 ASTM C 146 ASTM C 371 ASTM D 92 ASTM D 711 ASTM D 968 ASTM D (1975) ASTM D 1652 ASTM D 2074 ASTM D 2240 ASTM G Federal Test Method, Standard No. 141D/GEN Sieve Analysis of Fine and Coarse Aggregates Chemical Analysis of Glass Sand Wire-Cloth Sieve Analysis of Nonplastic Ceramic Powders Test Method for Flash and Fire Points by Cleveland Open Cup No-Pick-Up Time of Traffic Paint Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive Test Method for Crushing Resistance of Glass Spheres Test Method for Epoxy Content of Epoxy Resins Test Method for Total Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method Test Method for Rubber Products-Durometer Hardness Operating Light and Water-Exposure Apparatus (Fluorescent Light Apparatus UV-Condensation Type) for Exposure of Nonmetallic Materials. Paint, Varnish, Lacquer and Related Materials; Methods of Inspection, Sampling and Testing MATERIAL REQUIREMENTS ASTM D 476 Code of Federal Regulations Code of Federal Regulations FED SPEC TT-B-1325D AASHTO M 247 FED SPEC TT-P-1952E Specifications for Dry Pigmentary Titanium Dioxide Pigments Products 40 CFR Part 60, Appendix A Definition of Traverse Point Number and Location 29 CFR Part Hazard Communications Beads (Glass Spheres) Retroreflective Glass Beads Used in Traffic Paints Paint, Traffic and Airfield Marking, Waterborne Part 7, Section 7, Page 4

295 Commercial Item Description (CID) A-A-2886B FED STD 595 Paint, Traffic, Solvent Based Colors used in Government Procurement END OF SECTION Part 7, Section 7, Page 5

296 PAGE INTENTIONALLY BLANK Part 7, Section 7, Page 6

297 PART 8 APPENDIX 1 CONSTRUCTION SAFETY AND PHASING PLAN

298 APPENDIX 1 PALO ALTO AIRPORT CONSTRUCTION SAFETY AND PHASING PLAN Rehabilitation of Runway and Taxiways AIP Prepared by July 2014