697DCK-24-R-00298 Amendment 4...pdf

(If applicable)

0004 0 17 (If other than Item 6)

FEDERAL AVIATION ADMINISTRATION

AAQ-5 0 - REGIONAL ACQUISITIONS

1701 COLUMBIA AVENUE

COLLEGE PARK GA 30337

SAME AS BLOCK 6

(No., street, county, State and ZIP Code)

697DCK-

(SEE ITEM 11)

(SEE ITEM 13)

(If required)

(Specify authority)

(such as changes in paying office, appropriation data, etc.)

(Specify type of modification and authority)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

publish Government's Response to RFIs (see attached pages)

No other changes or updates added.

(Type or print (Type or print)

Regina Singleton

(Signature of person authorized to sign) (Signature of Contracting Officer) 0 17(Signature of Contracting Officer)

In regards to the plan(s) (attached for your reference), we noted that the footing size spec’d is not typical.

FAA Response: Per specification on PHX-19004858-G002, 3.4, A. Contractor to provide shop drawings with sizes and dimensions. The FAA will accept, after review, an alternate design stamped by registered professional engineer.

There is a grounding rod at base of sleeve… Is another needed separately atop the 10’x3/4” ground rod?

FAA Response: Yes.

I have not seen concrete slurry called out for inside sleeve, and my understanding is the lime in concrete will attack aluminum.

FAA Response: Refer to PHX-19004858-G002, 3.5, C.

FOUNDATION TUBE. The callout on the drawing was a mistake and corrected on PHX-19004858-C001-Rev1.

Is boring a possibility to get across the parking lot / ATCT road in order to reach the other side where the panel box is located?

(Pictures attached – redline is where we would have to cut, hypothetically)

FAA RESPONSE: Boring is acceptable. Contractor shall submit a plan for the boring depth and direction for approval and must have enough clearance from existing underground utilities and cables based on the GPR scan.

Is closing the aforementioned parking lot / entry way road even remotely possible to begin with?

FAA RESPONSE: Yes. Road closures must be coordinated with the facility’ SSC, Security and RE on site 5 days in advance.

Final Set of Vendor RFIs

For the Flagpoles for the PHX ATCT Sky Harbor Flagpole Installation Project, could we use the Internal Cam Cleat Rope Halyard Ground Set Sentry Series instead?

FAA Response: The Internal Cam Cleat Rope Halyard Ground Set Sentry Series is acceptable.

If able- do you or the architect(s) know what kind of permitting is going to be required for this project? Usually the engineers or the architects let us know which ones we will need to pull.

FAA Response: The FAA is currently working with the city of Phoenix to determine the required permits, if any, to start the project. Once awarded, the contractors will be required to fill out and submit (INDEMINIFICATION AND INSURANCE AGREEMENT FOR LANDSIDE PROJECTS). Contractors will be notified with any permit requirements once determined.

Locating Underground Utilities: Other than Arizona 811 will any Xray or other underground locating be needed?

FAA Response: Yes, A full GPR scan for the work area is required to locate utilities/cables belonging to the FAA not just the city of Phoenix.

Is the Electrical Contractor responsible for the sawcut, trenching, asphalt and or concrete replacement from the electrical panel to the flagpole?

FAA Response: Assignment of work/trades to meet project requirement is the responsibility of the prime contractor.

Currently, the specification for excavated depth for pole placement is 4'3" (4'9"-6" for welded steel plate). This does not seem to be sufficient for poles of the specified sizes. Request review/clarification.

FAA Response: Per specification on PHX-19004858-G002, 3.4, A. Contractor to provide shop drawings with sizes and dimensions. The FAA will accept, after review, an alternate design stamped by registered professional engineer.

Currently, the specifications call for Type III (distribution angle), ground-mounted LED uplights. Request further clarification as the commercially available options which meet this specification are innumerous.

FAA Response: Minimum 5000 Lumens, LED Temperature at or below 3000k.

Do you or the architect(s) know what kind of permitting is going to be required for this project? Usually, the engineers or the architects let us know which ones we will need to pull.

FAA Response: The FAA is currently working with the city of Phoenix to determine the required permits, if any, to start the project. Once awarded, the contractors will be required to fill out and submit (INDEMINIFICATION AND INSURANCE AGREEMENT FOR LANDSIDE PROJECTS). Contractors will be notified with any permit requirements once determined.

See the attached document titled “20230313 PHX LANDSIDE PROJECTS Indemnification and Insurance Agreement”.

INDEMNIFICATION AND INSURANCE AGREEMENT

LANDSIDE PROJECTS

PHOENIX SKY HARBOR INTERNATIONAL AIRPORT (PHX)

Tenant Improvements - Indemnification and Insurance Specifications Page 1 of 4 Updated 03/13/2023

DEFENSE AND INDEMNIFICATION CLAUSE:

To the maximum extent allowed by law, including Title 34 A.R.S., Contractor (“Indemnitor”) agrees to defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents and employees (and any jurisdiction or agency issuing permits for any work included in the project, and its officers, agents and employees) (“Indemnitee”) from any and all claims, actions, liabilities, damages, losses or expenses, (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees, or subcontractors (Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses or other amount arising out of or recovered under any state’s workers’ compensation law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation, or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely as a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor is responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the City’s award of this Contract, Indemnitor agrees to waive all rights of subrogation against Indemnitee for losses arising from or related to any work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix under this Contract. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.

INSURANCE SPECIFICATIONS:

Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees and subconsultants. Contractor and subcontractors must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.

The City in no way warrants that the limits stated in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors and Contractor may purchase additional insurance as they determine necessary.

All certificates required by this Contract shall be sent directly to Tenant Improvement Project Manager @ Phoenix Aviation, Design & Construction Services – 500 S. 24th St., Phoenix, AZ 85034. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.

A. MINIMUM SCOPE AND LIMITS OF INSURANCE -Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.

1. Commercial General Liability – Occurrence Form

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Each Occurrence $1,000,000

PHOENIX SKY HARBOR INTERNATIONAL AIRPORT (PHX)

Tenant Improvements - Indemnification and Insurance Specifications Page 2 of 4 Updated 03/13/2023

a. The policy must name the City of Phoenix as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations, and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Contractor, related to this Contract.

b. Coverage must include XCU coverage.

c. Policy must not contain any restrictions of coverage for operations on or near airport premises.

d. There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as additional insured.

e. City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor.

f. The Contractor’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.

2. Automobile Liability Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. Policy must not contain any restrictions of coverage for operations on or near the Airport

b. The policy shall be endorsed to include the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, related to this contract

c. The City of Phoenix as an additional insured to the full limits of liability purchased by the Contractor

d. The Contractor’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.

3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability

Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

a. Policy shall contain a waiver of subrogation against the City of Phoenix.

b. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

4. Builders' Risk Insurance Policy must be in an amount equal to the initial Contract Amount plus additional coverage equal to Contract Amount for all subsequent change orders.

a. The City of Phoenix, the Contractor and subcontractors, shall be Insureds on the policy.

b. Special Causes of Loss coverage must be written on a replacement cost basis and shall include coverage for soft costs, flood and earth movement.

c. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or, (2) until no person or entity, other than the City of Phoenix, has an insurable interest in the property required to be covered.

PHOENIX SKY HARBOR INTERNATIONAL AIRPORT (PHX)

Tenant Improvements - Indemnification and Insurance Specifications Page 3 of 4 Updated 03/13/2023

d. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the City.

e. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site.

f. Policy shall contain a waiver of subrogation against the City of Phoenix.

g. Contractor is responsible for the payment of all policy deductibles

B. NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice shall be mailed, emailed, hand-delivered or sent by facsimile transmission to Tenant Improvement Project Manager @ Phoenix Aviation, Design & Construction Services – 500 S. 24th St., Phoenix, AZ 85034.

C. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

D. VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project.

Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract shall be sent directly to Tenant Improvement Project Manager @ Phoenix Aviation, Design & Construction Services – 500 S. 24th St., Phoenix, AZ 85034. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE

TO THE CITY'S RISK MANAGEMENT DIVISION.

E. SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall be responsible for ensuring and verifying that all subcontractors have valid and collectable insurance. At any time throughout the life of the contract, the City of Phoenix reserves the right to require proof from the Contractor that its subcontractors have insurance coverage. All subcontractors providing services included under this Contract’s Scope of Services are subject to the insurance coverages identified above and must include the City of Phoenix as an additional insured. In certain circumstances, the Contractor may, on behalf of its subcontractors, waive a specific type of coverage or limit of liability where appropriate to the type of work being performed under the subcontract. Contractor assumes liability for all subcontractors with respect to this Contract.

PHOENIX SKY HARBOR INTERNATIONAL AIRPORT (PHX)

Tenant Improvements - Indemnification and Insurance Specifications Page 4 of 4 Updated 03/13/2023

F. APPROVAL: Any modification or variation from the insurance coverages and conditions in this contract must be documented by an executed contract amendment.

TENANT IMPROVEMENT

CONTRACTOR’S ACKNOWLEDGMENT:

Signed By:

Printed Name:

Company:

Title:

Date: