Att A_FAA Standard Specifications.pdf

ATTACHMENT A

FAA STANDARD

SPECIFICATIONS

GENERAL CONTRACT PROVISIONS

TABLE OF CONTENTS

• 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 Regulations and Responsibility to Public

• Section 80 Execution and Progress

• Section 90 Measurement and Payment

12/21/2018 AC 150/5370-10H

Section 10 Definition of Terms 1

Section 10 Definition of Terms

When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows:

Paragraph

Number

Term Definition

10-01 AASHTO The American Association of State Highway and Transportation

Officials.

10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway.

10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished.

10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport.

10-05 Airport Improvement

Program (AIP)

A grant-in-aid program, administered by the Federal Aviation

Administration (FAA).

10-06 Air Operations Area

(AOA)

The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.

10-08 ASTM International

(ASTM)

Formerly known as the American Society for Testing and

Materials (ASTM).

10-09 Award The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

10-10 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon.

10-12 Calendar Day Every day shown on the calendar.

Section 10 Definition of Terms 2

Term Definition

10-13 Certificate of Analysis

(COA)

The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications.

10-14 Certificate of

Compliance (COC)

The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer’s authorized representative.

10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project.

10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.

The awarded contract includes but may not be limited to:

Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental

Provisions, standards incorporated by reference and issued addenda.

10-17 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract.

10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.

10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.

10-20 Contractors Quality

Control (QC) Facilities

The Contractor’s QC facilities in accordance with the Contractor

Quality Control Program (CQCP).

10-21 Contractor Quality Control

Program (CQCP)

Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors.

10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.

Section 10 Definition of Terms 3

Term Definition

10-23 Construction Safety and

Phasing Plan (CSPP)

The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.

10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative.

10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner’s Engineer or Resident Project

Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previously modified.

10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative.

10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration.

10-30 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis.

b. Owner Force Account - Work performed for the project by the

Owner's employees.

10-31 Intention of Terms Whenever, in these specifications or on the plans, the words

“directed,” “required,” “permitted,” “ordered,” “designated,”

“prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident

Project Representative (RPR) is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be

Section 10 Definition of Terms 4

Term Definition interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.

10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.

10-33 Major and Minor Contract

Items

A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.

10-34 Materials Any substance specified for use in the construction of the contract work.

10-35 Modification of

Standards (MOS)

Any deviation from standard specifications applicable to material and construction methods in accordance with FAA Order 5300.1.

10-36 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to

Proceed shall state the date on which the contract time begins.

10-37 Owner The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term

“Owner” is capitalized in this document, it shall mean airport

Sponsor only. The Owner for this project is the Oregon

Department of Aviation (ODAV).

10-38 Passenger Facility Charge

(PFC)

Per 14 Code of Federal Regulations (CFR) Part 158 and 49

United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.

10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.

10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work.

10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.

Section 10 Definition of Terms 5

Term Definition

10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.’

10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

10-44 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications.

10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.

10-46 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.

10-47 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.

10-48 Quality Assurance (QA)

Inspector

An authorized representative of the Engineer and/or Resident

Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

10-49 Quality Assurance (QA)

Laboratory

The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer’s, Owner’s, or QA

Laboratory.

10-50 Resident Project

Representative (RPR)

The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative.

10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft.

10-52 Runway Safety Area (RSA) A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.

Section 10 Definition of Terms 6

Term Definition

10-53 Safety Plan Compliance

Document (SPCD)

Details how the Contractor will comply with the CSPP.

10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.

10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an

AIP grant for the airport.

10-56 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings;

vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-57 Subgrade The soil that forms the pavement foundation.

10-58 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction.

10-59 Supplemental Agreement A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item.

10-60 Surety The corporation, partnership, or individual, other than the

Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.

10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas.

10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.

Section 10 Definition of Terms 7

Term Definition

10-63 Taxiway/Taxilane Safety

Area (TSA)

A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA.

10-64 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications.

10-65 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the

Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.

10-66 Owner Defined terms None

END OF SECTION 10

Section 20 Proposal Requirements and Conditions 8

Section 20 Proposal Requirements and Conditions

Not used – Proposal Requirements are found in the Oregon Department of Aviation Invitation to Bid.

END OF SECTION 20

Section 20 Proposal Requirements and Conditions 9

Page Intentionally Blank

Section 30 Award and Execution of Contract 10

Section 30 Award and Execution of Contract

Not used – Award and Execution of Contract Requirements are found in the Oregon Department of

Aviation Invitation to Bid.

END OF SECTION 30

Section 30 Award and Execution of Contract 11

Section 40 Scope of Work 12

Section 40 Scope of Work

40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

40-02 Alteration of work and quantities. See Section D of the State of Oregon General Conditions for

Public Improvement Projects.

40-03 Omitted items. See Section D of the State of Oregon General Conditions for Public Improvement

Projects.

40-04 Extra work. See Section D of the State of Oregon General Conditions for Public Improvement

Projects.

40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. The Airport will be closed for the duration of the project. See Section F of the State of Oregon General Conditions for Public

Improvement Projects.

40-06 Removal of existing structures. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items.

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

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

40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be embankment, the Contractor may at their own option either:

a. Use such material in another contract item, providing such use is approved by the RPR and is in conformance with the contract specifications applicable to such use; or,

b. Remove such material from the site, upon written approval of the RPR; or

c. Use such material for the Contractor’s own temporary construction on site; or,

d. Use such material as intended by the terms of the contract.

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

Should the RPR approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material

Section 40 Scope of Work 13 that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site.

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

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

The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications.

40-08 Final cleanup. See Section F.4 of the State of Oregon General Conditions for Public Improvement

Projects.

END OF SECTION 40

Section 50 Control of Work 14

Section 50 Control of Work

50-01 Authority of the Resident Project Representative (RPR). The RPR is designated as the Owner’s

Authorized Representative in the State of Oregon General Conditions for Public Improvement Contracts.

50-02 Conformity with plans and specifications. See Section B.7 “Inspection,” of the State of Oregon

General Conditions for Public Improvement Projects.

50-03 Coordination of contract, plans, and specifications. See Section A.3 “Interpretation of Contract

Documents,” of the State of Oregon General Conditions for Public Improvement Projects.

50-04 List of Special Provisions. NONE

50-05 Cooperation of Contractor. The Contractor shall be supplied with five hard copies or an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications. Additional hard copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.

The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the RPR and their inspectors and with other Contractors in every way possible. The

Contractor shall have a competent superintendent on the work at all times who is fully authorized as their agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or their authorized representative.

50-06 Cooperation between Contractors. See Section B.13 and B.14 of the State of Oregon General

Conditions for Public Improvement Projects.

50-07 Construction layout and stakes. The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be deducted as a liquidated damage against the Contractor.

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

Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that cover or disturb the survey staking. Survey(s) and notes shall be provided in the following format(s): CAD, CSV files, and stake cut sheets.

Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary.

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

Construction Staking and Layout includes but is not limited to:

a. Clearing and Grubbing perimeter staking

Section 50 Control of Work 15

b. Rough Grade slope stakes at 100-foot (30-m) stations

c. Drainage Swales slope stakes and flow line blue tops at 50-foot (15-m) stations

Subgrade blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance (maximum) for the following section locations:

a. Runway – minimum five (5) per station

b. Taxiways – minimum three (3) per station

c. Holding apron areas – minimum three (3) per station

d. Roadways – minimum three (3) per station

Base Course blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance (maximum) for the following section locations:

a. Runway – minimum five (5) per station

b. Taxiways – minimum three (3) per station

c. Holding apron areas – minimum three (3) per station

Pavement areas:

a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100-foot (30-m) stations.

b. Between Lifts at 25-foot (7.5-m) 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 (15-m) 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 (15-m) stations and at all break points with maximum of 50-foot (15-m) offsets.

e. Fence lines at 100-foot (30-m) stations minimum.

f. Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, Visual Approach Slope Indicators (VASIs), Precision Approach

Path Indicators (PAPIs), Runway End Identifier Lighting (REIL), Wind Cones, Distance Markers (signs), pull boxes and manholes.

g. Drain lines, cut stakes and alignment on 25-foot (7.5-m) stations, inlet and manholes.

h. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting).

i. Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet (120 m) per pass (that is, paving lane).

The establishment of Survey Control and/or reestablishment of survey control shall be by a State

Licensed Land Surveyor.

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.No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract.

Section 50 Control of Work 16

50-08 Authority and duties of Quality Assurance (QA) inspectors. See Section B.7 of the State of

Oregon General Conditions for Public Improvement Projects.

50-09 Inspection of the work. See Section B.7 and B.7 of the State of Oregon General Conditions for

Public Improvement Projects.

50-10 Removal of unacceptable and unauthorized work. See Section B.7 and Section I of the State of

Oregon General Conditions for Public Improvement Projects.

50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment.

The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the

Contractor’s equipment and personnel.

50-12 Maintenance during construction. See Section B.2 of the State of Oregon General Conditions for

Public Improvement Projects.

50-13 Failure to maintain the work. See Section B.2 of the State of Oregon General Conditions for

Public Improvement Projects.

50-14 Partial acceptance. See Section H.3 of the State of Oregon General Conditions for Public

Improvement Projects.

50-15 Final acceptance. See Section I.1 of the State of Oregon General Conditions for Public

Improvement Projects.

50-16 Claims for adjustment and disputes. See Section D.3 of the State of Oregon General Conditions for Public Improvement Projects.

END OF SECTION 50

Section 60 Control of Materials 17

Section 60 Control of Materials

60-01 Source of supply and quality requirements. The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).

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

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

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

Contractor shall furnish materials from other sources.

The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications;

and is listed in AC 150/5345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement.

60-02 Samples, tests, and cited specifications. All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the RPR, shall be removed at the Contractor’s expense.

Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and

Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids.

The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the

RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the RPR.

A copy of all Contractor QC test data shall be provided to the RPR daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the

Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.

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

60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s COC stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufacturer’s COC and includes all applicable test results.

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

Section 60 Control of Materials 18

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

When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “or equal,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:

a. Conformance to the specified performance, testing, quality or dimensional requirements; and,

b. Suitability of the material or assembly for the use intended in the contract work.

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

The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.

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

Should the RPR conduct plant inspections, the following conditions shall exist:

a. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials.

b. The RPR shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished.

c. If required by the RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location with respect to the plant.

It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The RPR shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications.

60-05 Engineer/ Resident Project Representative (RPR) field office. Not Used.

60-06 Storage of materials. Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The

Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the RPR. Private property shall not be used for storage purposes without written permission of the

Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the RPR a copy of the property Owner’s permission.

All storage sites on private or airport property shall be restored to their original condition by the

Contractor at their expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property.

Section 60 Control of Materials 19

60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The

Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR.

Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work.

60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified.

All costs of handling, transportation from the specified location to the site of work, storage, and installing

Owner-furnished materials shall be included in the unit price bid for the contract item in which such

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.

END OF SECTION 60

Section 70 Legal Regulations and Responsibility to Public 20

Section 70 Legal Regulations and Responsibility to Public

70-01 Laws to be observed See Section B.5 of the State of Oregon General Conditions for Public

Improvement Projects.

70-02 Permits, licenses, and taxes. See Section B.4 of the State of Oregon General Conditions for Public

Improvement Projects.

70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work.

70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National

Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on the plans and is indicated as follows:

Owner Location Person to Contact

(Utility or Other Facility) See Plan No.

Oregon Department of Aviation Entire Project Heather Peck – 503-378-3168

Coos Curry Electric Sheets E7-E10 866-352-9044 (24 hr info.)

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

Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the

Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the

Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.

70-05 Federal Participation. Not Applicable.

70-06 Sanitary, health, and safety provisions. The Contractor’s worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions.

70-07 Public convenience and safety. See Section F of the State of Oregon General Conditions for

Public Improvement Projects.

Section 70 Legal Regulations and Responsibility to Public 21

70-08 Construction Safety and Phasing Plan (CSPP). Not Required.

70-09 Use of explosives. The use of explosives is not permitted on this project.

70-10 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer/RPR has witnessed or otherwise referenced their location and shall not move them until directed.

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

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, the Contractor shall restore, at their expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner.

70-11 Responsibility for damage claims. The Contractor shall indemnify and hold harmless the

Engineer/RPR and the Owner and their officers, agents, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the

Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.

70-12 Third party beneficiary clause See Section B.22 of the State of Oregon General Conditions for

Public Improvement Projects.

70-13 Opening sections of the work to traffic. See Section H.3 of the State of Oregon General

Conditions for Public Improvement Projects.

70-14 Contractor’s responsibility for work. See Section F of the State of Oregon General Conditions for Public Improvement Projects. See Section B.5 of the State of Oregon General Conditions for Public

Improvement Projects.

70-15 Contractor’s responsibility for utility service and facilities of others. As provided in paragraph

70-04, Restoration of Surfaces Disturbed by Others, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities.

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

Section 70 Legal Regulations and Responsibility to Public 22

There are no FAA or NOAA facilities on site.

It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the

Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service.

It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the

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

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

Owners.

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

Contractor shall furnish a written summary of the notification to the RPR.

The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the

Contractor’s operations in the general vicinity of a utility service or facility.

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

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

The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or their own surety.

70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor’s operations.

70-17 Personal liability of public officials.