10-Special Provisions.pdf

SPECIAL PROVISIONS

1 AIRPORT SECURITY PROVISIONS

1.1 AUTHORIZED SIGNATORY. Contractors/Consultants must nominate two Authorized Signatories, who will be responsible for all badging for the Consultant. Sub-contractors/consultants will be required to nominate their own Authorized Signatories and will be responsible for their own company badging activities. All Authorized Signatories are required to complete Authorized Signatory training annually. Consultant Authorized Signatory will onboard the company with Access DFW after NTP is received and notify Access DFW of any sub-consultants being sponsored by them. Further information and instructions will be provided during the company onboarding meeting. https://dfwairport.com/badge/index.php

1.2 AUTHORIZED SIGNATORY PORTAL. All Authorized Signatories will be provided access to the Authorized Signatory Portal and be required to complete all badging activities via this secured portal. Access DFW does not accept paper badge applications.

1.3 BADGE RECOVERY. Authorized Signatories are responsible for recovering and ensuring all Airport ID Badges are returned to Access DFW when the employee leaves the company. Each new company is required to submit a Badge Recovery Plan to Access DFW prior to Airport ID Badge issuance to company employees.

1.4 AIRPORT ID BADGE. Work under this contract requires Contractor/Consultant and Sub- Contractor/Consultant personnel to obtain an Airport ID Badge. The type of Airport ID Badge will be issued for the secured area needed, based on the job duties of the applicant. The Authorized Signatory must attest that their applicant has a specific need for unescorted access and that the badge applicant confirms their understanding of their responsibilities under Chapter 49 of the Code of Federal Regulations, part 1540.105(a).

1.5 CRIMINAL HISTORY RECORDS CHECK/SECURITY THREAT ASSESSMENT. Airport ID Badge applicants are required to clear a fingerprint-based Criminal History Records Check (CHRC) and receive an approved Security Threat Assessment (STA) from the Transportation Security Administration (TSA). If applying for a Security Identification Display Area (SIDA) badge, the applicant must provide their Social Security Number in the application process so that an STA will be processed by the TSA.

1.6 FBI RAP BACK SUBSCRIPTION. All Airport ID Badge holders will be subscribed in Rap Back. If the Airport ID Badge holder has any type of arrest, Access DFW will be notified. A Rap Back notification could result in Airport ID Badge suspension or revocation until the arrest is resolved.

1.7 TRAINING. SIDA Badge applicants will need to complete SIDA training which is administered by Access DFW. Applicants that require driving privileges are required to take movement area driver training and/or non-movement area driver training. For all questions regarding DFW’s driver training program and driver policies, contact the Operations Technical Training Department at techtrain@dfwairport.com.

1.8 AIRPORT ID BADGE FEES. All Airport ID Badge fees will be charged per the DFW Airport Schedule of Charges, which can be found at https://dfwairport.com/badge/index.php.

1.9 CUSTOMS & BORDER PROCETION SEALS. If your employees require access to the Federal Inspection Services (FIS) area or other restricted areas designated by the Customs & Border Protection (CBP) they will require a CBP Seal. When completing a badge application the CBP Seal https://dfwairport.com/badge/index.php mailto:techtrain@dfwairport.com https://dfwairport.com/badge/index.php application can be completed at the same time via the Authorized Signatory Portal. For more information contact Customs and Border Protection at dfwairportairsec@cbp.dhs.gov

1.10 ACCESS DFW. All information regarding the badging process at DFW can be found at https://www.dfwairport.com/badge/. For additional information about this process, please contact the Access DFW Office at accessdfw@dfwairport.com or at 972-973-5100.

1.11 VEHICLE PERMITS. AOA Permits, including AOA Vehicle Access Permits, Temporary AOA Vehicle Access Permits, and AOA Equipment Permits, are the means by which motor vehicles and ground handling equipment are authorized to enter and/or be in the SIDA. The Authorized Signatory is required to request vehicle permits on behalf of their company and ensure all permits are properly displayed on the vehicle following DFW’s Rules and Regulations (Chapter 9).

1.12 VEHICLE INSPECTIONS. All vehicles entering through an AOA gate and ground handling equipment being brought into the SIDA are subject to inspection by security personnel.

2 BOARD’S RIGHT TO INSPECT AND AUDIT

2.1 The Contractor (and Contractor’s suppliers, vendors, subcontractors, insurance agents and other agents) shall maintain and the Board shall have the right to examine records, documents, books, accounting procedures and practice and any other supporting evidence deemed necessary by the Board to substantiate compliance with the terms of this Contract, including Change Orders. Such right of examinations shall include reasonable access to and cooperation by all Contractor personnel who have worked on or have knowledge related to the performance of this Contract.

Proprietary/Trade Secret information pertaining to this Contract may not be withheld from Board or its Authorized Representative.

2.2 The Contractor’s, subcontractors’ and related agent and vendor organization’s documents, records and other evidence shall be subject to inspection and/or reproduction by the Board, it’s agents and Authorized Representatives. The Contractor shall provide the Board with retrievals of computer-based records or transactions that the Board determines to be necessary to conduct the audit.

There shall be no charge to the Board for reasonable use of the Contractor’s photocopy machine while conducting the audit, nor for any cost of retrieving, downloading to diskette, and/or printing any records or transaction stored in magnetic, optical, microfilm, or other media. The Contractor shall provide all records and retrieval requested, within seven (7) calendar days.

2.3 The documents, etc., described above shall be made available at the office of the Contractor at all reasonable times, for inspection, audit, and reproduction, until the expiration of three (3) years from the date of the Board’s final acceptance of the Work. Records, which relate to appeals or litigation or settlement or claims arising out of the performance of this Contract, shall be made available for a period of three (3) years from the date of the final disposition of such appeals, litigation, or claims.

The Contractor shall provide adequate and appropriate workspace to conduct all inspections, audits, and reviews. The Board shall provide the Contractor with a reasonable advance notice of intended audit, inspections, and reviews.

2.4 The Contractor shall insert an item containing all these Audit provisions, including this paragraph, in all subcontracts hereunder except altered as necessary for the proper identification of the contracting parties and the Board under this Contract. Failure to insert these Audit provisions in all subcontracts hereunder shall be reason to exclude some or all of the related costs from amounts payable to the Contractor pursuant to this Contract.

2.5 In addition, where projects are funded wholly or in part by federal grants, the FAA, the Secretary and the Comptroller General of the United States or any of their duly authorized representatives shall mailto:accessdfw@dfwairport.com https://www.dfwairport.com/badge/ mailto:dfwairportairsec@cbp.dhs.gov have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipient that are pertinent to grants received in accordance with CFR 49, Part 18, as it may be amended from time to time.

2.6 If an audit or review in accordance with this Section disclosed overcharges (of any nature), by Contractor, in excess of five percent (5%) of the contract value audited, the cost of the Board's audit shall be paid by the Contractor.

3 CONTRACT TERM

3.1 This Contract, if awarded, shall be for fourteen ( ) calendar days, or Month Day, 20XX, whichever comes first, commencing as of the date specified in the Notice to Proceed letter, to be issued by the Board’s Vice President of Procurement and Materials Management Department. All work must be completed no later than Month Day, 20XX.

4 CHARACTER OF WORKERS, METHOD AND EQUIPMENT

4.1 The Contractor shall, at all times, employ sufficient labor and equipment for performing the Work to full completion in the manner and time required by this Contract, plans, and specifications.

4.2 All workers shall conduct themselves with a courteous demeanor and professional manner.

Contractor shall immediately remove any worker from performance of work at Board premises when one or more of the following occur:

4.3 Neglect of duty.

4.4 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting.

4.5 Theft, vandalism, immoral conduct or any other criminal action.

4.6 Selling, consuming possessing or being under the influence of intoxicants, alcohol, or illegal substances that produce similar effects while on duty.

4.7 Possession of a weapon on Airport property.

4.8 Organizing or participating in any form of gambling.

4.9 Misuse of equipment, computers or internet access.

4.10 All equipment that is proposed to be used on the Work shall be of sufficient size and in such functional 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.

4.11 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.

4.12 When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used, unless others are authorized by the Board’s Technical Representative. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Board’s Technical Representative 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 and executed, 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 Board’s Technical Representative 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 Board’s Technical Representative 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.

5 CONTRACTOR RESPONSIBILITES / PERFORMANCE OF WORK

5.1 The Contractor shall be fully responsible for the quality and accuracy of any and all Work performed in conjunction with this Contract. Neither acceptance of such Work by the Board, nor payment therefore, shall relieve the Contractor of this responsibility. If and when applicable, the Contractor shall complete all services in conformity with professional standards, and shall provide qualified personnel to meet agreed upon schedules.

5.2 In addition, at its own expense, the Contractor shall:

5.2.1 Take all precautions necessary per state regulations and/or OSHA Regulations to protect persons or property against injury or damages occurring as a result of its operations.

5.2.2 Obtain all permits/licenses required to perform work or deliver products, including the Board’s security requirements for Air Operations Area (AOA) badging regulations where applicable. Any cost for compliance shall be paid by the Contractor.

5.2.3 Provide competent supervisors and workmen;

5.2.4 Take all precautions necessary or required by law to protect persons or property against injury or damages occurring as a result of its operations;

5.2.5 Perform the Work without unnecessarily interfering with Board operations;

5.2.6 Provide all vehicles and tools as necessary for its use; and

5.2.7 Protect existing facilities from damages and promptly repair or replace any damages caused by its employees or arising out of its operations.

6 DELIVERIES OF PRODUCT(S)

6.1 Delivery date is an important factor to the Board and may be required to be a part of each bid. The Board considers delivery time to be that period elapsing from the time the individual order is placed until that order or work thereunder is received by the Board at the specified delivery location.

6.2 All product(s) covered by this bid shall be delivered F.O.B. Destination DFW Airport, from point of assembly to the Dallas Fort Worth area by railway freight or conveyed by truck or airfreight. The Board shall not be liable for any deliveries unless same has been received at the specified delivery location within the Dallas Fort Worth International Airport, inspected and accepted as in full compliance with the Specifications. Risk of theft, destruction, loss or damage to any work, materials, shipment, or deliveries will be borne exclusively by the successful Bidder until after the Board completes its inspection and acceptance of said work, material, shipments, or deliveries; the burden and cost of insurance against such risks shall be assumed by the successful Bidder.

6.3 Delivery will be made only upon authorization of the Board’s Technical Representative or Board's Vice President of PMM or designee, and shall be made if, as, and when required and ordered by the Board, at such intervals as directed.

6.4 Bidder warrants that all deliveries made under the Contract will be of the type and quality specified;

and the Board's Vice President of PMM may reject and/or refuse any delivery that falls below the quality specified in the Specifications. The Board shall not be held to have accepted any delivery until after an inspection of same has been made and an opportunity to exercise its right of rejection has been afforded.

6.5 Failure by the Contractor to make reasonable delivery as and when requested shall entitle the Board's Vice President of PMM to acquire quantities from alternate sources wherever available, with the right to seek reimbursement from the Contractor for amounts, if any, paid by the Board over and above the bid price.

6.6 All materials delivered if required shall be free of any and all liens and shall upon acceptance thereof become the property of the Board, free and clear of any materialman's, supplier's, or other type liens.

6.7 Acceptance by the Board of any delivery shall not relieve the Contractor of any guarantee or warranty, express or implied, nor shall it be considered an acceptance of material not in accordance with the Specifications and shall not waive the Board's right to request replacement of defective material.

7 DELIVERY LOCATION

7.1 Delivery location shall be on Airport property and at the location directed by the specifications, order, or the Board’s Technical Representative.

8 ENVIRONMENTAL AND SAFETY PROVISIONS

8.1 ENVIRONMENTAL DEFINITIONS

8.1.1 BEST MANAGEMENT PRACTICE (BMP). Shall mean schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

8.1.2 ENVIRONMENTAL IMPACT CLAIM. Shall mean any claim, suit, judgment, penalty, fine, loss, administrative proceeding, request for information, citation, notice, request, inquiry, or expense (including but not limited to any costs of investigation, study, cleanup, removal, response, remediation, transportation, disposal, restoration, monitoring, consultant's fees, contractor's fees, and attorney's fees) which arises out of, is related to, alleges, or is based on the presence, transportation, handling, treatment, storage, or actual or threatened Release, dispersal, disposal, escape, or migration of any Hazardous Material, Process Water, or Solid Waste, or any other chemical, material, irritant, pollutant, contaminant, regulated substance, or toxic substance (including but not limited to gasoline, diesel fuel, petroleum hydrocarbons, and any by-product or derivative thereof), whether solid, liquid, or gaseous in nature.

8.1.3 ENVIRONMENTAL LAWS. Shall mean all present and future federal, state, and local laws relating to protection of the environment, public health, and welfare, or safety, including, without limitation, all statutes, regulations, ordinances, permits, Best Management Practices, codes, orders, governmental requirements related to discharge of Process Water or other pollutants into the environment, waters of the United States, and/or waters of the State of Texas; and protection of areas of particular environmental concern, including, for example, wetlands, areas inhabited by endangered species, and historic sites.

8.1.4 HAZARDOUS MATERIAL. Shall mean any substance:

8.1.4.1 the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or

8.1.4.2 which is or becomes defined as a hazardous waste, hazardous substance, pollutant or contaminant under any federal, state, or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Texas Water Code and/or the Texas Health and Safety Code; or

8.1.4.3 the presence of which on the Airport causes or threatens to cause a nuisance upon the Airport or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Airport; or

8.1.4.4 without limitation, which contains gasoline, diesel fuel, other petroleum hydrocarbons, natural gas liquids, polychlorinated biphenyls (PCBs), asbestos, lead paint, or urea formaldehyde foam insulation.

8.1.5 PROCESS WATER. Means any water, which, during manufacturing or processing, comes into direct contact with, or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

8.1.6 RELEASE. Means any depositing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment or threat of release such that a release may enter the environment; and

8.1.7 SAFETY LAWS. Means any applicable law, regulation, standard, or order of any governmental agency relating to worker safety.

8.1.8 SOLID WASTE. Shall have the same meaning as in the Resource Conservation and Recovery Act, the Texas Health and Safety Code, and the Texas Solid Waste Disposal Act, and shall include sewage.

8.2 CONTRACTOR REQUIREMENTS

8.2.1 Contractor will obtain, maintain, and have readily available for examination at all times during the term of this Contract, all licenses, permits, exemptions, registrations and other authorizations and provide any notices not obtained or provided by the Board pursuant to this Contract which is required under Environmental Laws for conducting the Work and Contractor’s operations at the Airport.

8.2.2 Contractor shall comply and shall cause all its employees, agents, sub-contractors, and other third parties under Contractor’s control to comply, and shall include in all subcontracts a provision requiring the sub-contractor to comply and all employees or other third parties under sub-contractor’s control to comply with all Environmental Laws. Not by way of limitation, but as emphasis only, Contractor represents, warrants, and covenants that:

8.2.3 Paints and coatings will comply with 30 Texas Administrative Code Section 115.421 (2000), and any amendments or successor thereto.

8.2.4 Work involving the use of cut-back asphalt will comply with the 30 Texas Administrative Code Section 115.512 (2000), and any amendments or successor thereto. Cut-back asphalt is defined as any asphaltic cement that has been liquefied by blending with petroleum solvents (diluents).

8.2.5 Contractor shall comply and shall cause its employees, agents, sub-contractors, and other third parties under Contractor’s control to comply with all Board’s policies, rules, regulations, and permits, and to conduct the Work consistent with the Board’s commitments under the State Implementation Plan and the National Environmental Policy Act.

8.2.6 Contractor shall not cause, contribute to, or permit any Release of any Hazardous Materials, Solid Waste, or Process Water by Contractor or its employees, agents, sub-contractors, or other third parties under Contractor’s control into the environment or cause, contribute to, or permit any violation of any Environmental Law.

8.2.7 Contractor shall dispose of and cause its employees, agents, sub-contractors, or any other third party under Contractor’s control to dispose of any Solid Waste or Hazardous Materials generated or located at the Airport in compliance with Environmental Laws, and, if not sooner required by Environmental Laws or this Contract, at the termination of this Contract shall remove and dispose of all Solid Wastes and Hazardous Materials not incorporated into the work in accordance with this Contract at its sole expense in a lawful and timely manner.

8.2.8 Contractor shall advise the Board immediately of any potential or actual non-compliance with any Environmental Law or Safety Law on Airport property by any person.

8.2.9 Contractor shall, immediately upon receipt, provide the Board with copies of any notice or other document issued to Contractor or its sub-contractors alleging non-compliance or investigating potential non-compliance with any Environmental Law or Safety Law at the Airport.

8.2.10 Spills, leaks, or releases of Hazardous Material shall be reported immediately to the Board’s Environmental Affairs Department.

8.2.11 Contractor shall comply with Board’s Spill Reporting Policy, Clean Air Policy, and other applicable environmental policies.

8.2.12 From time to time, and in the Board’s sole discretion, Board representatives may conduct an inspection, assessment, and/or regulatory compliance audit of the Work and/or Contractor’s operations, including operations of Contractor’s employees, agents, sub-contractors, or any other third party under Contractor’s control. The Board may perform testing as needed and may conduct interviews of Contractor or its sub-contractors. Contractor will cooperate and will cause its employees, agents, sub-contractors, or any other third party under Contractor’s control to fully cooperate in such inspection, assessment, or audit. Contractor remains solely responsible for its environmental compliance, notwithstanding any Board inspection, audit, or assessment.

8.2.13 If Board property or other real property or tangible personal property located at the Airport are contaminated or otherwise damaged or injured by any Solid Waste or Hazardous Materials released by Contractor or its employees, agents, sub-contractor, or any other third party under Contractor’s control, Contractor agrees to promptly undertake remediation of such contamination or damage to background levels, if established, or to other levels or standards acceptable to the Board, and to restore the affected property to its condition prior to such contamination or damage in all material respects. If Contractor does not promptly and fully remediate and restore the affected property, the Board may, but is not required to, perform the remediation and restoration, and Contractor shall reimburse the Board for all costs associated with such contamination, remediation, and restoration, including but not limited to consultants’ fees, contractor’s fees, penalties, attorneys’ fees, and costs of investigation and remediation, within twenty (20) days after the Board delivers notice to Contractor of such costs.

8.2.14 Failure by Contractor or its subcontractors to comply with any Environmental Provision shall be considered a default for which the Board may exercise its remedies in accordance with the terms of this Contract.

8.3 ASBESTOS-CONTAINING MATERIALS

8.3.1 It is the policy of the D/FW Airport Board that all architects, engineers, consultants, general contractors, subcontractors, distributors, suppliers, and others receiving proceeds from this Contract be bound by the Board’s philosophy toward the use of asbestos within the boundaries of the D/FW Airport. Towards this end, Contractor covenants and agrees that it shall not use or install products containing asbestos in any form as part of this Contract or subsequent addendum or Change Order. If requested to do so by the Board, Contractor shall submit letters of certification or MSDS from manufacturers of sealants, adhesives, gasket material, piping, curing materials, and other materials to be used at the Airport that their products are free of asbestos.

8.3.2 This provision applies to all materials and/or products placed in service within the boundaries of D/FW Airport under conditions and terms of this Contract. Contractor accepts and assumes all responsibility and liability for asbestos-containing products and/or materials installed, used, or provided in performance of the Work. In addition, the Contractor accepts and assumes responsibility and liability for all expenses related to the removal, replacement and reparation of asbestos containing materials put in place under terms of this Contract. The Contractor also certifies that a non-asbestos containing material or product of similar kind and quality will be substituted with the approval of the Board.

8.3.3 Even if asbestos abatement is not included in the scope of work for this Contract, should non-compliance of drawings, notations, and specifications within the asbestos prohibition contained herein be discovered by or on behalf of Contractor, the Contractor must promptly notify Board representatives in writing of the non-compliant notation or specification.

8.3.4 This provision reflects the mandate of the Board to promote the health, safety, and welfare of the general public and to establish a standard for response to asbestos within the limits of Airport authority. Contractor shall comply with all Environmental and Safety Laws relating to asbestos-containing materials.

8.3.5 This provision supersedes and replaces all other references, specifications, and notations relating to asbestos-containing materials, which may appear in this Contract.

8.4 ENVIRONMENTAL INDEMNITY

NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, CONTRACTOR

AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BOARD, THE CITIES OF

DALLAS AND FORT WORTH, TEXAS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS AND COUNCILS FROM AND AGAINST, AND TO REIMBURSE SAME

WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS, PENALTIES, SUITS, ACTIONS,

LOSS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED

TO REASONABLE ATTORNEYS' FEES, LITIGATION COSTS, EXPERT WITNESS FEES, AND

EXPENSES OF INVESTIGATION AND REMEDIATION) OF ANY AND EVERY KIND OR

CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, ASSERTED AGAINST OR

INCURRED BY SUCH PARTIES AT ANY TIME BY REASON OF, IN CONNECTION WITH, OR

ARISING OUT OF (A) THE BREACH OF ANY REPRESENTATION OR WARRANTY SET

FORTH IN THIS SECTION BY CONTRACTOR OR ANY EMPLOYEES, AGENTS, SUB-

CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL, (B)

THE FAILURE OF CONTRACTOR TO PERFORM ANY OBLIGATION REQUIRED BY THIS

SECTION TO BE PERFORMED BY CONTRACTOR, OR (C) LOSS FROM ANY

ENVIRONMENTAL IMPACT CLAIM, AS DEFINED HEREIN, CAUSED IN WHOLE OR IN PART

BY OR ARISING IN WHOLE OR IN PART FROM THE ACTS OR OMISSIONS OF

CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER

THIRD PARTY UNDER CONTRACTOR’S CONTROL; OR (D) THE VIOLATION BY

CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER

THIRD PARTY UNDER CONTRACTOR’S CONTROL OF ANY BOARD ENVIRONMENTAL

RULE OR REGULATION, BOARD PERMIT, BOARD POLICY, OR ANY ENVIRONMENTAL

LAW.

8.5 SAFETY PROVISIONS

8.5.1 The Contractor covenants and agrees:

8.5.1.1 That it shall not cause or permit any hazardous chemical (as defined in 29 C.F.R. 1910.1200) to be brought upon the Airport without the prior written consent of BOARD. Consent may be given via the Board’s submittal process as long as all such materials are outlined on the submittal.

8.5.1.2 That it shall make available to Board a Material Safety Data Sheet (MSDS) for each Hazardous Material or hazardous chemical Contractor or its sub-contractors, employees, or agents five (5) days prior to delivery of material onto the Airport.

8.5.1.3 That its operations shall at all times remain in compliance with:

8.5.1.3.1 Board’s written policies and requirements governing the identification and use of hazardous chemicals; and

8.5.1.3.2 All Safety Laws.

8.5.1.4 That it shall advise the Board immediately of any potential or actual non-compliance by any person with any Safety Law on Airport property.

8.5.1.5 That it shall immediately upon receipt, provide the Board with copies of any notice or other document issued to Contractor, its sub-contractors, or agents alleging non-compliance or investigating any potential non-compliance with any Safety Law at the Airport.

8.5.1.6 Neither the requirements of this clause nor any act or failure to act by the Board shall relieve the Contractor of responsibility or liability for the safety of the general public or Board, tenant, contractor, or subcontractor personnel or property.

8.6 SURVIVAL

The provisions of this Section, including the representations, warranties, covenants and indemnities of Contractor, shall expressly survive expiration or termination of this Contract.

9 INSURANCE PROVISIONS (EXHIBIT A)

10 NEW MATERIALS

All products and components to be provided under this Contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production, and of the most suitable grade for the purpose intended, unless otherwise specified. If at any time during the performance of this Contract the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, it shall notify the Vice President of PMM immediately, in writing, including the reasons and proposing any consideration which will flow to the Board if authorization to use such supplies or components is granted.

11 PROFESSIONAL SERVICES

Ancillary/Integral Professional Services: No architect, engineer or land survey services can be performed under this Contract per state law.

12 PROTECTION AND RESTORATION OF PROPERTY

12.1 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.

12.2 When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work, or in consequence of the nonexecution thereof by the Contractor, the Contractor shall restore, at its 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.

13 PUBLIC CONVENIENCE AND SAFETY

The Contractor shall control its operations and those of its subcontractors and all suppliers to assure the least inconvenience to the Board operation. Under all circumstances, safety shall be the most important consideration.

14 WARRANTY INFORMATION

Manufacturers’ standard warranty for parts and labor must be included in the prices bid and must meet or exceed any additional warranty requirements specified herein. All manufacturers' warranties shall inure to the benefit of the Board, and replacement of defective materials shall be made promptly upon request. All warranties are subject to compliance with the Uniform Commercial Code. Warranty shall be effective the date of acceptance by the Board.

END OF SPECIAL PROVISIONS