Exhibit_D_-_150-5370-10H_FAA_Advisory_Circular_150_5370-10_Airport_Design.pdf

U.S. Department of Transportation

Federal Aviation

Administration

Advisory Circular

Subject: Standard Specifications for

Construction of Airports

Date: 12/21/2018

Initiated By: AAS-100

AC No: 150/5370-10H

Change:

1 Purpose.

The standard specifications contained in this advisory circular (AC) relate to materials and methods used for construction on airports. Items covered in this AC include general provisions, earthwork, flexible base courses, rigid base courses, flexible surface courses, rigid pavement, fencing, drainage, turf, and lighting installation.

2 Cancellation.

This AC cancels AC 150/5370-10G, Standards for Specifying Construction of Airports, dated

July 21, 2014.

3 Application.

The Federal Aviation Administration (FAA) recommends the guidelines and specifications in this AC for materials and methods used in airfield development for construction and rehabilitation projects on airports.

This AC does not constitute a regulation and is not mandatory, however the following applies:

a. The standard specifications contained in this AC are practices that the FAA recommends for the construction of pavements and airport development serving aircraft greater than 30,000 pounds (13,600 kg).

b. This AC contains methods and procedures for compliance with 14 CFR part 139 that are acceptable to the Administrator.

c. The use of this AC is mandatory for all projects funded under Federal grant assistance programs, including the Airport Improvement Program (AIP). See Grant Assurance No.

34., Policies, Standards, and Specifications.

d. This AC is mandatory, as required by regulation, for projects funded with the Passenger

Facility Charge program. See PFC Assurance #9, Standards and Specifications.

e. For building construction, the General Contract Provisions are applicable, in addition applicable laws and local building codes shall serve as construction standards acceptable to the FAA.

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

ii

4 Developing Project Specifications.

The standard specifications in this AC must be edited to develop construction specifications for individual federally funded projects.

a. For individual projects, pertinent portions of the standards must be copied into the contract documents.

b. For airfield pavement projects at non-primary airports, serving aircraft less than 60,000 pounds (27216 kg), state highway specifications may be used in states where the state has requested and received FAA approval to use state highway specifications.

c. Modifications to standards requests contained in this AC must meet the requirements of

FAA Order 5300.1, Modifications to Agency Airport Design, Construction, and Equipment

Standards.

d. When preparing construction contracts for AIP or PFC projects or for grant obligated airports, use current contract provisions and mandatory provisions (wage, labor, Disadvantaged Business Enterprise, etc).

e. Disadvantaged Business Enterprises (DBE), Equal Employment Opportunity (EEO), etc.)

can be found at the FAA website: http://www.faa.gov/airports/aip/procurement/.

f. Additional contract clauses may be required to comply with local and state laws relating to advertising, awarding, and administrating construction contracts.

5 Changes, Additions and Deletions to the FAA Standard Specifications.

a. Engineer Notes (shown between lines of asterisks) contained in the AC provide directions to the Engineer. These notes explain the options available to the Engineer when preparing project documents, and the appropriate changes and additions that must be made. The final project documents must not include the Engineer Notes.

b. Where numbers, words, phrases or sentences are enclosed in brackets [ ], a choice or modification must be made. Where blank spaces [ ] occur in sentences, the appropriate data must be inserted.

c. Where entire paragraphs are not applicable, the text should be deleted and “Not Used” entered after the paragraph number, do not renumber specification paragraphs. A modification of standards (MOS) in accordance with FAA Order 5100.1 is required for any deviation from standard specifications applicable to material and construction methods required to accommodate an unusual local condition on a specific project. Note that adding a new section and/or item requires a MOS.

6 Principal Changes.

This AC contains the following principal changes:

1. Extensive technical and editorial edits have been made throughout the document based on comments received during the review periods.

2. Updated references to the ACs and industry standards including ASTM International

(formerly known as the American Society for Testing and Materials (ASTM)), American

Association of State Highway and Transportation Officials (AASHTO), Asphalt Institute

(AI), etc.

3. Added guidance in Engineer Notes on use of individual specifications.

http://www.faa.gov/airports/aip/procurement/ iii

4. Section 10: Added definitions for Apron, Certificate of Analysis (COA), Certificate of

Compliance (COC), Control Strip, Modification of Standards (MOS); Quality Assurance

(QA), Quality Control (QC), Quality Assurance (QA) Laboratory, Resident Project

Representative (RPR); Runway Safety Area (RSA), Safety Plan Compliance Document

(SPCD), Taxilane, and Taxiway/Taxilane Safety Area (TSA). Revised definitions for

Change Order, Contract, Force Account, “Contractor’s laboratory” to “Contractor’s Quality

Control Facilities;” “Laboratory” to “Quality Assurance (QA) Laboratory;” “Inspector” to

“Quality Assurance (QA) Inspector,” “Pavement” to “Pavement Structure;” and

Supplemental Agreement. Added “Owner Defined Terms” to allow addition of any project specific terms that may be needed.

5. Section 50: Removed outdated guidance on construction layout and stakes.

6. Section 60: Revised guidance for RPR’s field office.

7. Section 70: Revised 70-05 Federal Participation; Revised 70-06 Sanitary, health, and safety provisions; Retitled and revised 70-08 as “Construction Safety and Phasing Plan (CSPP).”

8. Moved Section 100 Contractor Quality Control Program (CQCP) out of the General

Provisions and re-number as “Item C-100.” Clarified requirements of the CQCP; added elements that must be addressed for pavement projects; added requirements for Contractor

QC testing facilities for pavement projects (P-401, P-403, P-501, and P-404; and added C-

100-13 Basis of measurement and payment paragraph to allow for lump sum payment of

CQCP with schedule of partial payments during contract.

9. Moved Section 105 Mobilization out of the General Provisions and re-numbered as “Item

C-105.”

10. Moved Section 110 Method of Estimating Percentage of Materials Within Specification

Limits (PWL) out of the General Provisions. Renumbered as “Item C-110.” Allows the

Engineer to delete Item C-110 when P-401, P-501 and/or P-404 are not in a project.

11. Re-titled Item P-101 Surface Preparation to “Item P-101 Preparation/Removal of Existing

Pavements” to better reflect purpose of specification.

12. Item P-156, Temporary Air and Water Pollution, Soil Erosion, and Siltation Control has been renumber as “Item C-102, Temporary Air and Water Pollution, Soil Erosion, and

Siltation Control.”

13. Add new Item P-156, Cement Treated Subgrade. Added a new specification for cement treated subgrade.

14. Item P-157 [ Cement ][ Lime ] Kiln Dust Treated Subgrade Added Lime Kiln Dust.

This specification now allows either Lime Kiln Dust or Cement Kiln Dust.

15. Numerous changes within the base course specifications (P-208, P-209, P-210, P-211, P-

212, P-217, and P-219) including standardizing format for materials, construction, and materials; placing material properties in table format; and adding guidance for separation fabric. Added requirement for control strip to demonstrate materials, means and methods prior to full production.

16. Added new P-207 In-place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate

Base Course.

17. Item P-301 Soil-Cement Treated Soil-Aggregate Subbase Course has been renumbered and renamed as Item P-220 Cement Treated Soil Base Course and moved under Part 4 Base

Courses.

iv

18. Added new P-307 Cement treated Permeable Base Course (CTPB).

19. Revised and simplified definition of “Lot size” and “Partial lot” in P-401, P-403, P-501, and

P-404.

20. Swapped “Contractor Quality Control (CQC)” and “Material Acceptance” paragraphs in P-

401, P-403, P-501 and P-404 so the material acceptance and measurement/payment paragraphs are together and quality control prior to measurement paragraphs.

21. P-401: Placed material properties in table format; clarified JMF submittal requirements;

removed paragraph on testing facilities and placed guidance in Section C-100, Contractor

Quality Control Program (CQCP); added paragraph identifying smoothness equipment requirements; added paragraph “Smoothness for Contractor Quality Control;” added paragraph “Profilograph smoothness for QA Acceptance” clarifying that final profilograph is on the full length of the project; added use of the Asphalt Pavement Analyzer (APA) to

Item P-401 eliminating the need to run stability and flow when using the Marshall Method and allowing the same asphalt design criteria in Table 1 to apply regardless of which mix design method is selected, Marshall or Gyratory.

22. P-403: Clarified use of state highway specifications in initial Engineer’s Note; similar changes made throughout P-403 to those in P-401.

23. P-501: Clarified reactivity testing requirements; placed material properties in table format;

clarified combined aggregate gradation paragraphs and Contractor requirements; added requirement for “Control Strip.” Added pay adjustment for repairs and grinding.

24. Renumbered P-601 as P-404 Fuel-Resistant Asphalt Mix Pavement.

25. P-404: Added Engineer Note on when to use P-404 to replace top 2 inches of P-401; placed material properties in table format; added requirement for contactor submission of manufacturer’s Certificate of Analysis (COA) for the asphalt binder; clarified JMF submission requirements.

26. Added new P-608-R RapidCure Seal Coat.

27. P-609: Retitled as “Chip Seal Coat;” placed material properties in table format; added requirement for Contractor to provide a copy of the manufacturer’s Certificate of Analysis

(COA) for the asphalt material.

28. P-610: Retitled as “Concrete for Miscellaneous Structures.

29. P-620: Added table to specify marking materials by type, color, and bead type. Added acceptance tests for retro-reflectivity.

30. Added new P-623 Emulsified Asphalt Spray Seal Coat.

31. F-163 and F-164: Removed example fence skirt and fence details.

32. Added new L-125 Installation of Airport Lighting Systems.

33. D specs: Added requirement for precast concrete structures to be furnished by a plant meeting National Precast Concrete Association Plant Certification Program or another RPR approved third party certification program.

34. T specs: Added note at beginning of each T spec on wildlife hazard attractants and mitigation and appropriate selection of turf materials.

35. L specs: Added statement to concrete paragraphs specifying use of P-610 stating that “If fly ash meeting the requirements of P-610 is added to the concrete, at a rate of 30% of v cementitious material, or 55% slag cement, no reactivity testing of the aggregates shall be required.

7 Units.

Throughout this AC, English units are used followed with “soft” (rounded) metric units. The

English units govern. One unit of measure should be selected and shown in the final project documents.

8 Where to Find this AC.

You can view a list of all ACs at http://www.faa.gov/regulations_policies/advisory_circulars/.

You can view the Federal Aviation Regulations at http://www.faa.gov/regulations_policies/faa_regulations/.

9 Feedback on this AC.

If you have suggestions for improving this AC, you may use the Advisory Circular Feedback form at the end of this AC.

/Signed/

John R. Dermody

Director of Airport Safety and Standards vi

Table of Contents

PART 1 – GENERAL CONTRACT PROVISIONS

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

PART 2 – GENERAL CONSTRUCTION ITEMS

Item C-100 Contractor Quality Control Program (CQCP) Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control Item C-105 Mobilization

[ Item C-110 Method of Estimating Percentage of Material Within

Specification Limits (PWL) ]

PART 3 – SITEWORK

Item P-101 Preparation/Removal of Existing Pavements Item P-151 Clearing and Grubbing Item P-152 Excavation, Subgrade, and Embankment Item P-153 Controlled Low-Strength Material (CLSM) Item P-154 Subbase Course Item P-155 Lime-Treated Subgrade Item P-156 Cement Treated Subgrade

Item P-157 [ Cement ][ Lime ] Kiln Dust Treated Subgrade

Item P-158 Fly Ash Treated Subgrade

PART 4 –BASE COURSES

Item P-207 In-place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate Base Course155 Item P-208 Aggregate Base Course Item P-209 Crushed Aggregate Base Course Item P-210 Caliche Base Course Item P-211 Lime Rock Base Course Item P-212 Shell Base Course Item P-213 Sand-Clay Base Course Item P-217 Aggregate-Turf Runway/Taxiway Item P-219 Recycled Concrete Aggregate Base Course Item P-220 Cement Treated Soil Base Course

PART 5 – STABILIZED BASE COURSES

Item P-304 Cement-Treated Aggregate Base Course (CTB) Item P-306 Lean Concrete Base Course Item P-307 Cement Treated Permeable Base Course (CTPB)

PART 6 – FLEXIBLE PAVEMENTS

Item P-401 Asphalt Mix Pavement vii

Item P-403 Asphalt Mix Pavement [ Base ] [ Leveling ] [ Surface ] Course

Item P-404 Fuel-Resistant Asphalt Mix Pavement

PART 7 – RIGID PAVEMENT

Item P-501 Cement Concrete Pavement

PART 8– SURFACE TREATMENTS

Item P-608 Emulsified Asphalt Seal Coat Item P-608-R Rapid Cure Seal Coat Item P-609 Chip Seal Coat Item P-623 Emulsified Asphalt Spray Seal Coat Item P-626 Emulsified Asphalt Slurry Seal Surface Treatment Item P-629 Thermoplastic Coal Tar Emulsion Surface Treatments Item P-630 Refined Coal Tar Emulsion Without Additives, Slurry Seal Surface Treatment Item P-631 Refined Coal Tar Emulsion with Additives, Slurry Seal Surface Treatment Item P-632 Asphalt Pavement Rejuvenation

PART 9– MISCELLANEOUS

Item P-602 Emulsified Asphalt Prime Coat Item P-603 Emulsified Asphalt Tack Coat Item P-604 Compression Joint Seals for Concrete Pavements Item P-605 Joint Sealants for Pavements Item P-606 Adhesive Compounds, Two-Component for Sealing Wire and Lights in Pavement 505 Item P-610 Concrete for Miscellaneous Structures Item P-620 Runway and Taxiway Marking Item P-621 Saw-Cut Grooves

PART 10 – FENCING

Item F-160 Wire Fence with Wood Posts (Class A and B Fences) Item F-161 Wire Fence with Steel Posts (Class C and D Fence) Item F-162 Chain-Link Fence Item F-163 Wildlife Deterrent Fence Skirt Item F-164 Wildlife Exclusion Fence

PART 11 – DRAINAGE

Item D-701 Pipe for Storm Drains and Culverts Item D-702 Slotted Drains Item D-705 Pipe Underdrains for Airports Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures Item D-754 Concrete Gutters, Ditches, and Flumes

PART 12 – TURFING

Item T-901 Seeding Item T-903 Sprigging Item T-904 Sodding Item T-905 Topsoil Item T-908 Mulching

PART 13 – LIGHTING INSTALLATION

Item L-101 Airport Rotating Beacons Item L-103 Airport Beacon Towers Item L-107 Airport Wind Cones Item L-108 Underground Power Cable for Airports viii

Item L-109 Airport Transformer Vault and Vault Equipment Item L-110 Airport Underground Electrical Duct Banks and Conduits Item L-115 Electrical Manholes and Junction Structures Item L-119 Airport Obstruction Lights Item L-125 Installation of Airport Lighting Systems

Section 10 Definition of Terms 1

Part 1 – General Contract Provisions

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).

Section 10 Definition of Terms 2

Paragraph

Number

Term Definition

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.

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

Section 10 Definition of Terms 3

Paragraph

Number

Term Definition 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.

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

Section 10 Definition of Terms 4

Paragraph

Number

Term Definition 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 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.

Section 10 Definition of Terms 5

Paragraph

Number

Term Definition

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 [ ].

Insert the Owner name here.

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.

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.’

Section 10 Definition of Terms 6

Paragraph

Number

Term Definition

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 7

Paragraph

Number

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.

Section 10 Definition of Terms 8

Paragraph

Number

Term Definition

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.

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 ]

The Engineer may add and define additional terms, if necessary.

On projects that utilize a Construction

Manager (CM), a Construction

Manager at Risk (CMAR), or a

Construction Manager/General

Contractor (CMGC), add a definition of their roles on the project. The CM generally acts as an agent of the owner and is not legally or financially responsible for completion of the work;

a CMAR and CMGC are legally and financially obligated to complete the work.

END OF SECTION 10

Section 20 Proposal Requirements and Conditions 9

Section 20 Proposal Requirements and Conditions

The information provided in this section is often duplicated within the Instruction-to-bidders and Invitation-for-Bidders. For the purpose of limiting redundant requirements and potential discrepancies, modifications may be made to this section to include a reference that these requirements may be found in the procurement section of the project bid documents. The language provided in this section represents model language acceptable to the FAA. The Owner may make edits to the model language that reflect established written local and state procurement versions provided such requirements do not materially alter the intent and purpose of the FAA's model language; and such alterations do not conflict with the requirements of 2 CFR part 200 or 49 USC chapter 471.

20-01 Advertisement (Notice to Bidders). [ ]

Insert the project advertisement documents here or indicate the location where the documents can be found.

The published advertisement shall state the time and place for submitting sealed proposals; provide a description of the proposed work; provide instructions to bidders about obtaining proposal forms, plans, and specifications; indicate the proposal guaranty required; and the Owner’s right to reject any and all bids.

20-02 Qualification of bidders. Each bidder shall submit evidence of competency and evidence of financial responsibility to perform the work to the Owner at the time of bid opening.

Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, and a list of equipment and a list of key personnel that would be available for the work.

Each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year.

Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the

Owner.

Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State

Highway Division and are on the current “bidder’s list” of the state in which the proposed work is

Section 20 Proposal Requirements and Conditions 10 located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.

This paragraph should be edited as necessary to state what will be acceptable as evidence of financial responsibility to the Owner.

20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregular proposals.

[ Mobilization is limited to [ 10 ] percent of the total project cost. ]

Delete if Item C-105 Mobilization is not included in the project.

[ A prebid conference is required on this project to discuss as a minimum, the following items: material requirements; submittals;

Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas;

and unique airfield paving construction requirements. [ Insert the time, date, and place of the meeting. ] ]

Should the Owner require a prebid conference, state the time, date, and place in the proposal. Conduct a prebid conference for all projects with pavement construction costs that exceed $500,000. As a minimum, include the following items for discussion: material requirements; submittals; Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas; unique airfield paving construction requirements.

20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder if the bidder is in default for any of the following reasons:

a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding.

b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder.

c. Documented record of Contractor default under previous contracts with the Owner.

d. Documented record of unsatisfactory work on previous contracts with the Owner.

Section 20 Proposal Requirements and Conditions 11

20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and

Quantities, without in any way invalidating the unit bid prices.

20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, materials to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications.

[ Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which the bidder may make or obtain from their own examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. ]

20-07 Preparation of proposal. The bidder shall submit their proposal on the forms furnished by the

Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price

(written in ink or typed) both in words and numerals which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.

Prices should generally be written in whole dollars and cents. The extended total amount of each item should not be rounded.

The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation.

20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Owner’s invitation for bid. It is the Owner’s responsibility to decide if the

Section 20 Proposal Requirements and Conditions 12 exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept.

A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons:

a. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.

b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous.

c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price.

d. If the proposal contains unit prices that are obviously unbalanced.

e. If the proposal is not accompanied by the proposal guaranty specified by the Owner.

f. If the applicable Disadvantaged Business Enterprise information is incomplete.

The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts.

20-10 Bid guarantee. Each separate proposal shall be accompanied by a bid bond, certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or collateral, shall be made payable to the Owner.

2 CFR 200.325 provides that for contracts exceeding the Simplified Acquisition

Threshold, the Owner should use local bonding policy and requirements provided that the FAA has made a determination that the Government’s interest is adequately protected. If such a determination has not been made, the bid guarantee shall be equivalent to 5% of the bid price. It shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

20-11 Delivery of proposal. [ Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside.

When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. ]

Section 20 Proposal Requirements and Conditions 13

Bid delivery requirements, including electronic delivery, to comply with local/state regulations may be substituted for this language.

20-12 Withdrawal or revision of proposals. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder’s request for withdrawal is received by the Owner [ in writing ] [ by fax ][ by email ] before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids.

Edit to reflect local procurement requirements for withdrawal of proposals.

20-13 Public opening of proposals. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened.

20-14 Disqualification of bidders. A bidder shall be considered disqualified for any of the following reasons:

a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.

b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the

Owner as a qualified bidder.

c. If the bidder is considered to be in “default” for any reason specified in paragraph 20-04, Issuance of Proposal Forms, of this section.

20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner’s Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than [ ] days prior to bid opening.

Any interpretation of the project bid documents by the Owner’s Engineer will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum.

END OF SECTION 20

Section 20 Proposal Requirements and Conditions 14

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Section 30 Award and Execution of Contract 15

Section 30 Award and Execution of Contract

The information provided in this section is often duplicated within the Instruction-to-bidders and Invitation-for-Bidders. For the purpose of limiting redundant requirements and potential discrepancies, modifications may be made to this section to include a reference that these requirements may be found in the procurement section of the project manual. The language provide in this section represents model language acceptable to the FAA. The Owner may make edits to the model language that reflect established written local and state procurement versions provided such requirements do not materially alter the intent of the FAA's model language; and such alterations do not conflict with the requirements of 2 CFR part 200 or 49 USC chapter 471.

30-01 Consideration of proposals. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit bid price written in words shall govern.

Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:

a. If the proposal is irregular as specified in Section 20, paragraph 20-09, Irregular Proposals.

b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20-14, Disqualification of Bidders.

In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts;

advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the

Owner’s best interests.

30-02 Award of contract. The award of a contract, if it is to be awarded, shall be made within [ ] calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.

The award of contract is recommended to be made within 30 days, but shall not exceed the maximum time allowed by the contracting authority.

If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the lowest in price.

Section 30 Award and Execution of Contract 16

If the Owner includes bid alternates (additive or deductive), the bid documents must clearly state the order of evaluation the Owner will apply during evaluation of bids.

Practices that establish the basis of award on the base bid plus any arbitrary combination of bid alternates may jeopardize federal…