Exhibit A -Scope of Services - Additional Terms and Conditions.docx

EXHIBIT A

SCOPE OF SERVICES / ADDITIONAL TERMS AND CONDITIONS

1. SCOPE OF SERVICES

1.1 DESCRIPTION OF SERVICES

The City, as operator of the Airport, is seeking the services of a highly qualified firm to provide removal of accumulated aircraft tire rubber from Runway 12-30 on an on-call basis, approximately 4-8 times per year, and removal of rubber and paint in other areas as needed. The purpose of these specifications is to comply with Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5320-12C, Measurement, Construction, and Maintenance of Skid-Resistant Airport Pavement Surfaces.

The Awarded Contractor shall have a minimum of five (5) years of experience in providing these services and may be required to provide onsite personnel for maintenance and repair services as specified in this RFP. Contractor’s subcontractors working at the Airport, if any, will take direction for all contract services from the Airport Operations Bureau Manager, and/or designee, referred to hereinafter as LGB Contract Manager. Contractors may be requested to provide other as-needed work related to paint and rubber removal when requested or deemed necessary by the Airport. The City plans to award the contract to a qualified, responsive and responsible firm based upon the evaluation criteria listed in Section 3.2.

The Contractor shall have the ability to work in this very dynamic environment and be willing to adapt to any changes due to the needs of many other on-going activities and improvement programs at the Airport. Specifically, the Airport is completing various improvements to the airfield to enhance the level of service and support existing services for passengers and visitors to the Airport.

The operational environment at the Airport presents a unique set of challenges that do not exist in other typical commercial settings. For example, the Awarded Contractor and its subcontractors shall comply with and meet federal regulations and requirements, as well as the Airport’s security policies and standards. The Awarded Contractor shall be responsible for all expenses incurred by the Airport for any violation and/or corrective action related to this Project resulting from any non-compliance with Department of Homeland Security (DHS), Transportation Security Administration (TSA), or the Airport’s rules and regulations. The Airport’s Security Identification Display Area (SIDA) security badges are required for all Contractor staff and subcontractors to be able to work on Airport property. The Contractor shall be responsible for complying with the Airport’s badging requirements and all the costs associated with this process.

The Awarded Contractor shall have qualified staff currently working for them, with the ability to hire and employ qualified staff to provide the services required by the Airport, as described in this RFP, within the prescribed time period. The Contractor agrees to assign only competent personnel to perform services according to the reasonable and customary standards of training and experience in the relevant field. Failure to assign competent personnel will constitute grounds for immediate termination and/or refusal to compensate Contractor for such services.

Contractor shall use its best efforts to ensure continuity of personnel assigned to perform the services. Contractor will obtain the Airport’s approval before reassigning any staff.

1.2 ACCEPTABLE PROCESSES

A. The acceptable processes for rubber removal are the mechanical (water blasting only) and chemical processes.

1. If water blasting method is selected, close control of water pressure and blasting time / duration shall be used to prevent disintegration damage to the pavement, grooves, or markings.

2. If the chemical method is selected, the process and materials shall be compatible with pavement materials, the environment, and personnel, and shall not cause damage to the pavement, grooves or markings.

B. The only acceptable process for paint removal is water blasting.

C. Contractor shall maintain two-way radio communication with the Airport while performing services and shall keep Airport fully informed of the status of the services, including any problems or deviations from the Airport-approved work plan. Contractor must have a device(s) that is capable of receiving text messages and e-mail notifications and be available to communicate with the device(s) at all times while work on the Project is being performed.

D. If damage is caused by the Contractor, as determined by the Airport, Contractor shall repair damage within 24-hours of the Airport’s notification, at no cost to the City. If Contractor does not perform repairs to the Airport’s satisfaction, the Airport will perform the repairs and deduct the cost of said repairs from Contractor’s invoice or, if the cost of repairs exceeds outstanding invoices, seek reimbursement from Contractor.

1.3 LICENSES AND PERMITS

A. Minimum License requirement is a “C61” Limited Specialty with a D38 Sand/Water Blasting. Contractor, Contractor’s Employees, and Contractor’s Subcontractors shall provide copies of all valid licenses. These licenses and certificates shall be kept up to date and current during the entire duration of the contract and must be presented upon request by any Federal, State, or Local Official. No Contractor, Contractor's Employees and Contractor’s Subcontractors shall perform work on Equipment for Sites that require such licenses or certificates without said license/certificate being current and valid.

The undersigned hereby declares that he is a Contractor and has been in business for __ years; has a valid State of California Contractor’s License sufficient to qualify as the Contractor in this case; and will obtain all required permits. A current City of Long Beach Business License is not required at time of proposal submission, but is required by the time of contract execution with the Awarded Contractor. Failure to provide requested information and/or documents may disqualify your proposal.

California Contractor’s License No.:

Expires:

Classification Number:

California Contractor’s License No.:

Expires:

Classification Number:

Department of Industrial Relations (DIR) Registration

Contractor’s DIR Registration No.: Expires

Proposers shall include copies of all licenses and certificates with their proposal.

B. Contractor must abide by Best Management Practices (BMPs) and shall procure all necessary licenses and permits.

C. Contractor shall become fully informed of the conditions of all permits that govern the Contractor’s operations and shall conduct operations accordingly. The Contractor shall be solely responsible for and pay, at Contractor’s sole expense and at no additional cost to the City, all fines, damages, and work delays incurred due to failure to implement the requirements of the permits.

D. Contractor shall be responsible for any expenses incurred by the Airport for any violation and/or corrective action resulting from non-compliance with Department of Homeland Security (DHS), Transportation Security Administration (TSA), or Airport rules and regulations.

E. Any phase of the Work requiring a permit shall not be started until such applicable permit has been obtained.

F. The Airport is currently registered with the State Water Resources Control Board as a permittee under the Statewide General Industrial Activities Storm Water Discharge Permit Regulations (Permit Identification No. 4 19I004985). In compliance with the requirements of the California Airport Group’s California General Permit, the City has prepared, certified and implemented a Storm Water Prevention Program Plan (SWPPP). The SWPPP is on file in the office of the Long Beach Airport, Main Terminal Building, 4100 Donald Douglas Drive, Long Beach, California.

G. Contractor shall abide by all requirements of the industrial activities permit and corresponding SWPPP. In addition to complying with the SWPPPs for the Industrial and Construction permits, the Contractor shall abide by all requirements of Section 78.6, “Water Pollution Control,” of the Standard Specifications for Public Works Construction and the BMPs described below.

H. BMPs shall be defined as any program, technology, process, operations method, measure or device which controls, prevents, removes, or reduces pollution.

I. At a minimum, and where appropriate, the Contractor shall implement the following BMPs in conjunction with the Work:

GENERAL SITE MANAGEMENT:

CONSTRUCTION MATERIALS AND WASTE MANAGEMENT:

EROSION/SEDIMENT CONTROL:

J. A description of applicable BMPs may be found on the Caltrans website. https://dot.ca.gov/programs/construction. The Contractor shall have at minimum two (2) readily accessible copies of these descriptions at the Work site at all times. BMPs for the Contractor’s Work shall be continuously implemented throughout the duration of the Work. BMPs for erosion control and sedimentation shall be implemented during the period from October 1st to April 15th and whenever the National Weather Service predicts rain within 24 hours.

K. All aspects of the work performed must be conducted in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region (“Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Long Beach”), and related BMPs. The City will deduct from the money due or to become due to the Contractor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Contractor shall defend, indemnify and hold the City harmless for any liability related to the Contractor’s (or it’s subcontractor’s) failure to comply with these laws and regulations.

L. Full compensation for conforming to the requirements of this section, including obtaining and complying with all necessary permits and for doing all work involved in implementing, inspecting, and maintaining control measures, shall be included in the Cost Proposal, and no additional compensation will be paid.

1.4 WEATHER

A. The asphalt pavement surface temperature shall be a minimum of 40 degrees Fahrenheit during removal operations. Removal operations shall cease during rainfall, except for water blasting and removal of previously applied chemicals. Water blasting shall cease when surface water accumulation alters the effectiveness of material removal.

1.5 SAFETY

A. The Contractor must always be escorted by Airport staff on the airfield.

1.6 EMERGENCY LANDINGS

A. Applicable areas during scheduled work will be closed to traffic. However, should an emergency landing or take-off be necessary, the Contractor shall, when notified by Airport escort staff, stop all operations and immediately, regardless of the sequence of events in process, evacuate personnel and equipment from the runway to a location as specified by Airport staff.

1.7 GENERAL REQUIREMENTS

A. The Contractor shall provide all labor, materials, equipment, and supervision necessary for services.

a. Runway 12-30 is approximately 2,000,000 square feet, while the rubber removal area estimate is 300,000 square feet. The frequency and area of runway cleaning will vary depending on the severity of runway contamination.

b. Runway 12-30 rubber removal operations are anticipated between four (4) to eight (8) times per year.

c. As-needed rubber removal operation is typically a minimum of 150,000 square feet per visit.

d. The frequency and surface area of pavement to be cleaned in accordance with these specifications are estimates only. There are no guarantees that the rubber removal frequency and/or surface area to be cleaned will meet the typical minimum. Regardless of frequency and/or quantity per session, the Contractor agrees to furnish rubber removal services at the unit price quoted in accordance with the actual requirements throughout the contact period.

B. Hours for Providing Service: All work, including clean-up, shall be done at night starting at 11:00 pm or after the last flight has cleared the runway and completed by 5:30 a.m. Unless otherwise approved by the Airport, Contractor shall perform Services Monday through Friday, excluding Federal and City holidays.

Contractor must be able to remove all equipment and debris from the runway or paved area to the satisfaction of Airport staff within five (5) minutes of notification. Debris includes all paint flakes, rubber flakes, rubber chips and other loose material resulting from the removal.

C. Disposal of Debris: Contractor shall promptly and properly dispose of all material and debris (“Debris”) generated in the provision of services including the surrounding area and all paved areas.

Contractor shall store and properly dispose of Debris at a properly licensed facility. Contractor shall not spill any Debris on Airport property. Contractor shall be responsible for removal of materials and debris.

In the event Contractor spills debris, Contractor shall immediately clean-up said Debris, to the Airport’s satisfaction and at no additional cost to the Airport, using a cleanup kit capable of absorbing, at a minimum, fifty-five (55) gallons of Debris. Said kit shall be provided by Contractor and shall be stored at the Airport at a location designated and approved by the Airport.

D. Communication: Contractor shall have a communication device capable of providing instantaneous communication with the Airport whenever Contractor is performing or preparing to perform services. Communication device(s) shall be capable of receiving text messages and e-mail notifications. At all times while providing services, Contractor shall maintain continuous two-way radio communication with the Airport and shall keep the Airport fully informed of the status of the services, including any actual or anticipated problems or deviations to the Airport approved work plan.

E. On-Site Storage: Contractor shall not store any equipment on Airport property.

1.8 EQUIPMENT

A. Contractor must receive prior written approval from the Airport for equipment and chemicals to be used during the performance of services in accordance with this RFP.

Equipment, tools, and machines used in the performance of the rubber and paint removal shall be safe and in satisfactory working condition at all times.

Breakdown of Contractor’s equipment which causes any delay in work and/or results in failure to complete work as scheduled may result in a contract discrepancy notice. Two contract discrepancy notices issued within a twelve-month period are cause for and may result in termination of the contract.

B. Equipment used for removing accumulated aircraft tire rubber from the runway shall be one of the following types:

a. Mechanical Rubber Removal Equipment (Water blasting method only): Mobile water blasting equipment shall be capable of producing a pressurized stream of water that will effectively remove rubber from the pavement surface. Water pressure shall be regulated so that substantially all rubber accumulations are removed during execution of the work, without damage to the pavement surface, or pavement markings.

Cleaning heads must be air operated. Hydraulic fluid driven heads will not be allowed. Contractor is responsible for immediately cleaning up any hydraulic fluid discharges and properly disposing of it offsite at the contractor’s expense.

b. Chemical Rubber Removal Equipment: Chemical equipment shall be capable of application of chemicals to the pavement and removal of rubber and chemicals from the pavement surface without damage to the pavement surface, grooving, or pavement markings. Any residue remaining must be non-toxic, biodegradable and in such a miniscule amount as to not impact the friction of the runway, degrade aircraft braking coefficient or aircraft braking action. All chemicals used must meet all applicable Federal, State, and local requirements.

Should the Contractor elect to use the chemical process, the removal of rubber shall be accomplished with a de-rubberizing compound specifically formulated and field tested for this purpose. All-purpose cleaners, garage floor cleaners, and industrial degreasers are not acceptable. The runway de-rubberizing compound shall be a non-polluting, biodegradable solubilizing surfactant that meets the requirements of Federal Aviation Administration Advisory Circular 150/5320-12C. It shall be safe for use on both asphalt and concrete surfaces.

c. Water Blasting Paint Removal Equipment: Equipment used for removing painted markings shall be through high-pressure or ultra-high-pressure water blasting. The apparatus may be mounted to a truck, a skid steer, weighted “floor machine” or a hand-held wand. Water and removed debris must be vacuumed simultaneously, leaving a clean but damp surface.

1.9 LIGHTING

Contractor shall provide light towers or other light sources approved by the Airport to provide sufficient lighting as required to perform this work at night. Lighting components shall be placed in a direction that will light the pavement surface, but not cause a hazard to pilots using the airfield. Power source for the lighting is the responsibility of the Contractor; there are no outlets on the runway.

1.10 MATERIAL PACKAGING

Materials that are required in the selected rubber removal process shall be brought to the site in the original manufacturer’s containers and shall be labeled with appropriate EPA, OSHA, or other agency warnings, if applicable. Materials shall be protected from the environment until their use is required during the execution of the work. Contractor shall not store any equipment on Airport property. See 1.7.E.

1.11 WATER SUPPLY

Water shall be made available to the Contractor by the Airport via an airfield fire hydrant. Contractor shall provide the necessary connection to the fire hydrant.

1.12 TESTING

A. Rubber Removal: Prior to the start of full-scale rubber removal operations, or at any time that personnel, equipment, or methods are replaced or modified by the Contractor, the Contractor shall demonstrate to the Airport the ability to properly and adequately remove rubber deposits and control and remove dust, debris waste, and effluent, within a Test Section portion of the touchdown zone of Runway 12-30. The test section area will be designated by the Airport and will be approximately 400 square yards. Rubber removal shall be as complete as possible without damage to the pavement surface. Airport staff will compare the surface texture of the cleaned test section with that of traffic areas with no rubber to determine satisfactory completion of the rubber removal operation. If the Airport deems that the cleaning of the test section is not acceptable, the Contractor shall make any necessary equipment or procedural adjustments and then clean a second test section as designated by the Engineer at the Contractor’s sole expense. The Contractor shall continue to make adjustments while cleaning the test sections until it is properly and adequately cleaned at the Airport’s discretion. The City reserves the right to cancel the removal and will cover that portion of the costs related to testing incurred by the Contractor to date.

B. Paint Removal: Prior to the start of paint marking removal, the Contractor shall demonstrate to the Airport the ability to properly and adequately remove the painted marking and control and remove debris waste, water and effluent within a test section at or similar to the marking(s) being removed.

a. The test section will be approximately 360 square feet.

b. Prior to each visit, the Airport shall determine the minimum percentage of paint to be removed from the ground surface.

c. If the Airport determines that the removal is not acceptable and does not meet the minimum percentage requested, the Contractor shall make any necessary equipment or procedural adjustments and then remove a second test section as designated by Airport’s Engineering Staff at the Contractor’s sole expense.

1.13 CESSATION OF WORK

Contractor shall constantly monitor the removal process and the waste collection tank to ensure that no damage is being caused to the surrounding pavement, markings or grooving. Work shall cease immediately if any damage is noticed and shall not restart until the Airport is satisfied that sufficient corrective controls have been put into place by the Contractor. Damage to the pavement, markings, or grooving shall be repaired in a manner approved by the Airport at the Contractor’s sole expense.

1.14 CLEAN-UP

A. Clean-up shall be continuous throughout the rubber and paint removal operations.

B. Contractor shall continuously and thoroughly remove waste resulting from the rubber removal and paint removal processes and dispose of the waste material off Airport property at a properly licensed facility.

C. Space for holding tanks and waste bins will be accommodated by the Airport for each rubber removal.

D. All waste, tanks and bins shall be removed at the completion of the rubber removal.

1.15 WASTE

A. Rubber and paint removal waste shall not be washed off the pavement onto the adjacent grass areas. The Contractor shall take sufficient measures to ensure the rubber and paint removal waste does not enter any portion of the storm drain or sewer systems.

B. Recovered Wastewater may be required to dispose of recovered wastewater off airport property at a licensed wastewater facility. This service may be subcontracted and will be allowed a cost plus 10% markup. The invoice for the wastewater disposal must be submitted with Contractor’s invoice for completed services to receive compensation.

C. Contractor shall provide a 5,000-gallon storage bin to contain recovered wastewater for up to five (5) business days to allow the Airport to perform water quality testing. Test results will determine if water must be disposed of off-site. Airport Engineering will instruct Contractor of disposal method upon receipt of test results.

1.16 LIQUIDATED DAMAGES

The Parties acknowledge that having the Airport’s runway available for aircraft operations between 6:00 a.m. and 10:00 p.m., local time is vital to the Airport’s operation. In the event the Contractor has not completely cleared the Airport’s runway and runway environment of all personnel, equipment and debris generated by the performance of services by 6:00 a.m. local time, the Airport will incur financial damages, . Therefore, the Contractor shall pay as liquidated damages seven hundred fifty dollars ($750) per minute, after 6:00 a.m. local time, that the Contractor fails to satisfactorily clear the runway environment so that aircraft operations may commence without impediment. The FAA Air Traffic Control Tower shall be the official time clock.

1.17 FRICTION REQUIREMENTS

A. Airport Engineering will conduct friction measurement tests using Continuous Friction Measuring Equipment (CFME) upon completion of runway rubber removal operation in accordance with FAA AC 150/5320-12C.

B. On visual inspection, a minimum of 90 percent (90%) of all rubber and contaminants shall be removed from the runway (i.e. 90% by number of rubber grains per measured square foot).

C. The coefficient of friction must register a minimum average level of 0.70 Mu at 40 mph upon conclusion of rubber removal.

D. Airport Engineering may make a determination to reduce the Mu value required. Condition of runway surface, weather conditions, time constraints, aircraft operations, airport emergencies, security or other factors may contribute to this determination.

E. Contractor, at their expense, may be required to re-work the area until friction test results are acceptable.

1.18 MEASUREMENT AND BASIS OF PAYMENT

A. Runway 12-30: Measurement for rubber removal on Runway 12-30 will be based on a lump sum. Payment for rubber removal on Runway 12-30 shall be the lump sum fixed price proposed for each removal. The fixed price shall be full compensation for mobilization and demobilization, performing test sections, and for furnishing all materials labor, equipment, tools, and incidentals necessary to complete the rubber removal.

B. Other Areas: Measurement for rubber removal and paint removal on other pavements shall be by square foot. Payment for rubber removal and paint removal in other areas shall be made at the fixed unit price per square foot. The fixed price shall be full compensation for mobilization and demobilization, performing the test section(s), furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the rubber and paint removal.

RFP AP-26-725 Rubber & Paint Removal on Airfield Pavements Exhibit A - Page 2 of 13