F_OIAA_-_Special_Provisions_-_Zero_Emissions_Initiatives_Phase_1.FK.doc

Zero Emissions Initiatives Phase 1

SPECIAL PROVISIONS FOR AIRPORT CONSTRUCTION

1. OVERVIEW. This Section provides for construction safety in an Airport environment; limitations on construction operations; minimum requirements for construction management and scheduling; and site-specific information pertaining to potential impacts on construction activities. All work shall be performed in compliance with OIAA’s Design Code and Construction Handbook and FAA Guidelines and Requirements and the Construction Safety and Phasing Plan (CSPP).

2. SAFETY PLAN COMPLIANCE DOCUMENT (SPCD). The Contractor shall comply with the Project-specific Construction Safety and Phasing Plans (CSPP) included in these Specifications. Included as part of the requirements is the Safety Plan Compliance Document (SPCD), which Contractor must complete and submit to the Engineer for approval. (Notice to Proceed for Construction will not be issued until SPCD is approved.)

Construction of the Electric ground support equipment (eGSE) in Terminals 2 and 4 will occur during terminal operations and public occupancy of the terminal building that includes temporary and permanent relocation of operational functions. Accordingly, the terminal operations and the safety of the public and the terminal employees must be paramount throughout construction. The high-level project phasing diagrams shall be developed by the contractor taking into consideration the operational and logistical constraints identified by the stakeholders. Stakeholders include, but are not limited to Terminal Operations, Airlines, Concessions, Transportation Security Administration (TSA), OIAA Public Safety and Airport Police. The development of the Construction Safety and Phasing Plans requires Contractor(s) interface and coordination with OIAA, including but not limited to Transportation Security Administration (TSA), Airport Police, Airlines and others.

The high-level project phasing diagrams shall be developed by the contractor taking into consideration the operational and logistical constraints identified by the stakeholders. Stakeholders include, but are not limited to Airfield Operations, ATCT, Tech Ops, Airline Partners OIAA Public Safety, Ontario Fire Department and Airport Police. The development of the Construction Safety and Phasing Plans requires Contractor(s) interface and coordination with OIAA, including but not limited to Airfield Operations, ATCT, Airlines and others.

To ensure a safe construction environment at Ontario International Airport (ONT) contractor is required to submit a site-specific safety plan compliant with ONT Design and Construction Handbook (DCH) that addresses general safety practices and high-hazard activities unique to project scope. Site-Specific High-Hazard activity examples include Fall Protection Plan, Electrical Safety & Lockout/Tagout (LOTO) procedures, Hot Work Permit Procedures, Coring procedures, Excavation & Trenching Safety, Crane & Hoisting Operations, Traffic Control, Hazardous Materials Handling and Storage, Demolition Procedures.

The Contractor shall provide detailed Work Plans and submittals for barricades, utilities and other applicable temporary components, construction details and provisions signage for specific areas and/or sub-phases for review and approval by OIAA, OIAA Stakeholders, and Ontario Fire Department, at least 30 days prior to date of proposed installation.

The contractor shall prepare a detailed work plan prior to starting work for review and approval.

3. CONSTRUCTION SITE OFFICE. Contractor is NOT required to provide a site office for the duration of this Project.

4.

LINES AND GRADES. The Contractor shall provide construction and layout staking for the Engineer to review and confirm prior to work being started. The Engineer will be given 48 hours' notice of pavement marking and electrical facility layout so it may be checked.

The contractor shall notify the Engineer immediately regarding any survey monuments, benchmarks, control points, stakes or marks, etc., that are in jeopardy of being disturbed or destroyed by construction, so that they may be relocated and perpetuated.

5.

RECORD DRAWINGS.

The Contractor shall maintain Record Drawings of all work continuously as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times. It shall be required that these Drawings be up to date and be reviewed by the field inspector at the time each progress bill is submitted. All deviations from the Drawings, exact locations and sizes of all utilities, mechanical and electrical lines, equipment details, and all stub outs and connections for future expansion, shall be incorporated. The Contractor shall provide as-built drawings in AutoCAD and PDF formats for the project after the project is completed. Fees for documentation of Record Drawings shall be included in other items of work and no separate payment will be made.

6.

MATERIAL TESTING AND RETESTING. All Quality Control shall be performed by the Contractor; acceptance testing will be performed by the Engineer as stipulated in the technical specifications. The Quality Control Testing shall include but is not limited to:

· Compaction testing for soils, aggregates, and pavements prior to acceptance testing of cores by Engineer. The Contractor is allotted one acceptance test per area per material per lot. In the event the acceptance tests do not pass, and the Engineer is required to retest the area, the cost for each retest shall be borne by the Contractor.

· Concrete strength mix design and other conformance testing required for structural Portland cement concrete.

· Electrical grounding and circuit testing.

7. TIME LIMITATIONS AND LIQUIDATED DAMAGES. The overall time of completion for this Project is 365 calendar days. Should this time schedule not be met, liquidated damages will be assessed.

· Liquidated damages: Refer to SHEET G004 Zero Emissions Initiatives Phase 1 _ IFB Plans the LDs are listed on a table for each phase.

· Withdraw of Bids – At any time prior to the Bid Opening Deadline, a bidder may withdraw, revise, modify, or change their bid. The bid will be returned un-opened.

· A bidder may not withdraw its bid submittal for one hundred-eighty (180) days from the date bids are due, or until after a contract for the work described in these bid documents is fully executed by OIAA, whichever date is earlier

Contract time is divided as follows:

A. Mobilization. Notice to Proceed with Mobilization shall be given after award of Contract. Mobilization cost shall consist of obtaining all required insurance, bonds pulling and payment for all permits; preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; preparation of a construction schedule; furnishing and erecting field offices and other facilities necessary for work on the project; The percentage allocation to the mobilization in the schedule of value shall be limited to a maximum of 4% of the total contract price. All work included in Mobilization shall be completed in 270 calendar days.

B. Construction. Notice to Proceed with construction work shall be issued at the Airport’s discretion after completion of Mobilization and approval of SPCD. All work in the Bid documents, if awarded, shall be completed in 56 calendar days C. Demobilization. All work included in Demobilization shall be completed in 30 calendar days.

8. Access and Security.

A. Contractor Access. Contractor access to the various work areas shall be via the closest access routes indicated on the Construction Phasing Drawings. Haul routes on Airport property shall be approved by the Airport. All access routes and haul roads shall be kept clean and free of debris. Dust control shall be maintained. Where haul routes may cross active runways, taxiways, taxilanes, or aprons, radio-equipped flaggers shall be provided by the Contractor, as required, and all Contractor vehicle traffic must yield to aircraft and airport vehicles.

B. B. Emergency Responders and Maintenance: The contractor is responsible for coordinating with emergency responders and maintenance teams to ensure continuous access to all areas under construction. This includes facilitating access to utility rooms and other confined spaces within the contractor's closures for both emergency and routine maintenance, Contractor shall coordinate with Airfield Operations Maintenance to ensure all impacted systems are tested and operational daily prior to leaving the jobsite.

C. Security Control.

1) The Contractor shall be responsible for maintaining Airport security at all roads and gates designated for his use.

2) Contractor is directed to use the following security companies for security control for work areas:

a. Prosegur (Primary)

Contact Kameron Persaud at kameron.persaud@prosegur.com

b. Allied Protection Services

Contact Jasmine Bennet at Jbennet@alliedprotection.com

9. Work HOUR Limitations. The Airport’s normal work hours are from 7:00 a.m. to 4:00 p.m., PST, Monday through Friday, excluding holidays. All work performed outside of this schedule, unless already stated in this contract, shall be coordinated and approved in advance by the OIAA. At the pre-construction meeting, the Contractor shall provide a schedule of proposed work hours and days for the duration of the project to allow adequate time for OIAA and Engineering team to schedule inspection and observation efforts.

10. AREA SHUTDOWN REQUEST (ASR) & UTILITY SHUT DOWN REQUEST (USR)

a. The Contractor shall send a 30-day notification to OIAA in the form of an Area Shutdown Request or a Contractor Utility Shutdown Request ASR/USR of any change of condition to any existing security portals.

b. The ASR/USR shall be in the form of a controlled document formally transmitted to OIAA.

c. OIAA shall review the ASR/USR and contact affected stakeholders of the request.

d. OIAA shall setup a review of the change of condition with affected stakeholders and if required a field walk of the area or portal affected by OIAA within 15 business days.

e. OIAA shall send to the Contractor notice to proceed with the change of condition in the form of an e-mail.

f. At no time shall the Contractor proceed with any work that creates a change of condition without proper authorization from OIAA.

g. The Contractor shall be responsible for maintaining all security requirements of the change of condition until receipt of notification or release of responsibility in writing or e- mail from OIAA.

h. The ASR/USR shall consist of a plan of the area affected by the change of condition, a barricade plan if one will be erected, start date and end date of the change of condition.

11. STORM WATER DISCHARGE PERMIT. N/A

12. DUST CONTROL. Contractor must comply with NAAQS and CAAQS for the South Coast Air Basin and comply with ER4 Air Quality Requirements for the City of Ontario. Contractor is responsible for providing dust control measures to limit dust nuisance during the Project. Prevent and alleviate dust by applying water and covering active and inactive stockpiles. Apply water in the quantity, at the location, and for the purpose described or ordered. Apply water with the appropriate equipment to ensure the uniform application of water.

1) The Contractor shall be responsible for removing from the Site, demoed materials and debris resulting from the Work. Vehicles exiting the Site shall have all the dirt clods and mud removed from their tires prior to leaving the site.

2) The Contractor shall contain dust and remove it from the Site at intervals sufficient to prevent contamination outside work limits and as directed by OIAA.

3) The Contractor shall be responsible for containment of dust emission from all construction, transport, storage, or handling activities, in accordance with South Coast Air Quality Management District (SCAQMD) Rule 403: Fugitive Dust.

4) The Contractor shall be responsible for the continuous clean-up of all construction- related dirt and on all approach routes to the Site.

5) The Contractor shall post a publicly visible sign(s) with the telephone number and person to contact regarding dust complaints; this person will respond and take immediate corrective action

13. SUBMITTAL PROCEDURE. The Contractor shall prepare, review, approve, and transmit all required submittals via OIAA PMIS and any necessary re-submittals. Submit originally prepared information drawn accurately to scale. Do not reproduce construction documents.

Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. On the transmittal the Contractor shall identify any and all related submittals requiring coordination. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. The Engineer’s review period will not begin until a complete submittal is received by the Engineer, including all related documentation and related submittals. Submittal review period up to 10 working days per the OIAA Design and Construction Handbook.

If resubmittal is necessary, process it in the same manner as original submittal and clearly identify as a resubmittal. For resubmittal, Contractor shall reference the original submittal.

No extension of the Contract Time will be authorized because of the Contractor’s failure to transmit submittals enough in advance of the Work to permit processing.

Include the following information on label for processing and recording action taken:

a. Project name.

b. Date.

c. Name and address of Engineer.

d. Name and address of Contractor.

e. Name and address of subcontractor.

f. Name and address of supplier.

g. Name of manufacturer.

h. Unique identifier, including revision number. Submittals shall be numbered consecutively, and the numbering system shall be retained throughout all revisions.

i. Number and title of appropriate Specification Section.

j. Drawing number and detail references, as appropriate.

k. Other necessary identification.

l. Annotation of material details.

m. Specifically identify, by itemizing on a list on the transmittal, any deviations from the Contract Documents.

n. Identify a list of other related submittals that require coordination.

o. Contractor’s signature.

CONTRACTOR’S REQUEST FOR INFORMATION. Submit a Request for Information via OIAA PMIS to the Engineer when an unforeseen condition or constructability question occurs, questions regarding information contained in the Contract Documents arise, or information not found in the Contract Documents is required. Submit all RFI’s in writing to Engineer as soon as possible in accordance with the requirements in the contract documents. Submit RFI's as soon as possible and within a reasonable time frame so as not to interfere with or impede the progress of the Work. Request for Information review periods up to 10 working days.

Submit the RFI as follows:

1.

RFI's shall be identified by sequential numbering starting with 001.

2.

Submit a legible written request on a form approved in advance by the Engineer. Include the following information:

a.

Project name, as listed on the Contract Documents, Engineer's project number, or other identifying number, if any.

b.

Date.

c.

Name, address, telephone number, and email addresses of the Contractor.

d.

Number and title of affected Specification Section or Sections.

e.

Drawing numbers and detail references, as appropriate.

f.

Clear, concise explanation of information or clarification requested.

g.

Desire response date.

RFIs from subcontractors or material suppliers shall be submitted by the Contractor. The Contractor shall review and sign all subcontractors RFI’s prior to submittal to the Engineer.

Engineer’s responses to Requests for Information shall not be construed as approvals to perform extra work or to change the requirements of the Contract Documents. If the Contractor believes that a response to an RFI may result in a change to the Contract price and/or time, the Contractor shall notify the Engineer, in writing, within two (2) days of receipt of the RFI response. If the Contractor fails to do so, the Contractor accepts the response to the RFI as Work included in the Contract Documents and waives all rights to additional compensation or time. If the Contractor properly notifies the Engineer that the RFI response is interpreted by the Contractor to be a changed Work direction, then the Contractor shall not proceed with the Work until the Engineer makes a finding and issues a field directive accordingly. All costs associated with such work performed by the Contractor without the proper written direction from the Engineer, Field Directive, Change Directive or Change Order, shall be to the account of the Contractor and may be subject to rework at the Contractor’s expense.

14. CONSTRUCTION WATER. The source of construction water for the Project shall be coordinated by the Contractor. The Contractor shall pay water and meter fees and make all necessary arrangements with appropriate local utility or OIAA to secure construction water for the duration of the Contract, if necessary. No direct payment will be made for this work. The Contractor shall include all costs associated with construction water in the price of the work.

15. UTILITY INVESTIGATION AND SAFETY REQUIREMENTS. The following companies are believed to have utility and other facilities present within the project area. As part of site investigation of the project, bidders shall contact the below listed companies and ascertain to the bidder’s satisfaction the extent and presence of facilities which may affect the contract operations. By submission of a bid, the bidder warrants such contact has been made and the bidder is familiar with all utilities and non-highway facilities which may affect the work.

Certain underground facilities exist that may require special precautions to protect the health, safety and welfare of workmen and of the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressures greater than 60 psi (gauge); underground electric supply system conductors or cables, with potential to ground of more than 300 volts, either directly buried or in duct or conduit which do not have concentric grounded conductors or other effectively grounded metal shields or sheaths.

All utilities encountered along the line of the Work shall be maintained continuously in service during all the operations under the Contract, unless otherwise agreed to by the utility and OIAA. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of existing utilities, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense.

The Contractor shall contact utility providers but not less than fourteen (14) days before any excavation Work is started, to mark or identify existing utilities. If the utility is owned by the City of Ontario, a confirmation number indicating that Ontario has been notified shall be obtained by USA and/or the Contractor from the appropriate City Departments.

You will be required to work around public utility facilities and other improvements that are to remain in place within the construction area, or that are to be relocated, and relocation operations have not been completed. You will be liable to owners of such facilities and improvements for any damage or interference with services resulting from his operations.

You must determine the exact location of underground facilities and improvements within the construction area before using equipment that may damage such facilities or interfere with the services.

Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services of utilities and you shall cooperate with such forces and conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces.

Main or trunk line facilities for the purposes of Government Code 4215 shall mean only the primary or principal transmission facilities conveying energy, information, material or product through the construction project site to or from a substantial number of users on the far side of the project from the source of the utility. More than one main or trunk line facility of the same type may be present within the project area. Any other utility facilities or related appurtenances not a main or trunk line, are laterals, particularly where installed to distribute or supply utility services to property abutting the project site, whether such service line or lateral serves one or more abutting property owners, or other users.

You shall infer the presence of underground service laterals and appurtenances from the presence of any visible facilities, including but not necessarily limited to, buildings, meters, valve covers, manholes and junction boxes, whether or not main or trunk lines of the same type are shown on the plans.

You are advised that utility and non-highway facilities, including but not necessarily limited to main or trunk lines, which do not directly affect the immediate work (i.e.: excavation or trench areas) are not necessarily shown on the plans, whether or not such lines may be present within the site. The absence or presence on the plans of such facilities that do not directly affect the immediate work shall not relieve you of your obligation for independent investigation to determine facilities which may affect the work.

For the purposes of Government Code 4215 and this contract, the “site of the construction project” with respect to main or trunk line facilities shall consist only of those areas actually trenched or cut where soil 30 inches below existing grade is disturbed. The phrase “identified...in the plans and specifications” shall mean “identified in the plans and specifications as they relate to areas to actually be trenched or cut, where soil 30 inches below the existing grade is disturbed.”

Contractor shall dewater existing utility structures as needed for utility investigations and/or completion of the work, including existing electrical and communications structures. Dewatering shall be completed in accordance with state and local requirements, and the environmental requirements of these contract documents.

In case of damage, which in the opinion of OIAA threatens the safety of persons or property, the Contractor shall immediately make all repairs necessary for removal of the hazard. Should the Contractor fail to take prompt action to this end, OIAA has the option to remove any hazard resulting from damages caused by the Contractor without waiving any other rights OIAA may have, and costs will be charged to the Contractor.

All materials, labor, supervision and incidentals necessary to construct protections as detailed on the plans or as needed for Contractor’s operations will be considered incidental to the related bid items in the project.

16. CERTIFIED PAYROLL VERIFICATION

The Contractor shall provide a monthly, digital submittal to the Engineer the following items for the Contractor and all Sub-Contractors (paper copies must be supplied on request):

a. Fringe Benefits statement for the contractor and all subcontractors.

b. All weekly and bi-weekly payroll with a signed Statement of Conformance, with 4(a) or appropriate section check-marked.

c. For any week in which work was not performed, a dated and signed Statement of Non-Performance (SNP). An SNP for an entire month is acceptable as long as the dates provided are consecutive.

d. A copy of the Department of Industrial Relations (DIR) e-submittal.

For any corrections made as a result of Engineer’s verification or corrections made by the Contractor, a copy of the corrected payroll and/or Fringe Benefit statement and proof of payment to any effected individual (check-copy or other approved method). A revised, corrected DIR e-submittal is also required. There is no Method of Measurement or Basis of Payment Associated with this item. All costs shall be included in other items as appropriate.

17. STATE CONTRACT ACT NOT APPLICABLE. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract and incorporation by reference of language of provisions contained in the said Act shall not be construed as an election by the OIAA to proceed under Section 20396 of the Public Contract Code. Only language of the said Act specifically incorporated by reference shall be included in this contract.

18.

REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the Contractor encounters material not shown on the Plans or indicated in the Specifications, and the Contractor reasonably believes that such material is asbestos, as defined in Health and Safety Code section 25914.1, or a hazardous substance which must be removed or remediated by a contractor who has passed an approved hazardous substance removal certification examination in accordance with Business and Professions Code section 7058.7, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue to work in unaffected areas reasonably believed to be safe, and shall immediately cease work in the affected area and submit a written report of the condition to the Engineer.

In accordance with Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of such asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay, and the Contractor will be compensated for such delay as provided in Section 8-1.09, “Right of Way Delays,” of the Standard Specifications.

19. ADDITIONAL REQUIRED ENVIRONMENTAL MEASURES. N/A

20. MATERIALS FURNISHED BY THE OIAA. Upon receiving material furnished by OIAA for storage or installation in the Work, the Contractor shall give a signed receipt to the Engineer for the material delivered. Thereafter the Contractor shall be responsible for the care and necessary replacement of such material if damaged. If, as determined by the Engineer, the material is not adequately protected by the Contractor, such material may be protected by OIAA and the cost thereof charged to the Contractor or deducted from any payment due. Upon receipt of such material, the Contractor shall inspect it, and should any damage, defects, or missing equipment or parts be found, the Contractor shall immediately notify the Engineer in writing. By failing to notify the Engineer, it shall be deemed that the Contractor has accepted such material as being free from said damage, defects, or missing equipment or parts, except for latent defects.

21. PHOTOGRAPHIC DOCUMENTATION. Before starting construction, Contractor shall take photographs of the Project Site and surrounding properties, including existing items to remain, items to be salvaged, items to be demolished, haul routes, laydown areas, and other areas that could be affected by construction. The entire site should be documented, including adjacent to the work site Include a sufficient number of additional wide-angle photographs to determine the general locations of items when correlated between the Construction Drawings and the item-specific photographs.

For final completion, take photographs of the project for submission as part of the final documents. Contractor shall assume all areas previously photographed shall be photographed, and any new appurtenances (vaults, lights, inlets, etc.) shall be photographed as well.

Submittal shall be digital; physical prints are not required. Costs shall be included in Mobilization / Demobilization.

The following information is supplemental from FAA General Provisions. (FAA does not permit any revisions to the AC 150/5370-10H standards. Additional information relevant to this project has been incorporated below).

22.

DIVISION III, SECTION 10 DEFINITIONS OF TERMS

A. Liquidated Damages Supplement: The amount prescribed in the Specifications, pursuant to the authority of the Government Code Section 53069.85, to be paid to the Owner or to be deducted from any payments due or to become due the Contractor for each day’s delay in completing the whole or any specified portion of the work beyond the time allowed in the Specifications.

B. Lump Sum Supplement: A term used to describe a Contract item, which means the total payment or price of the item, including all labor, materials, equipment, incidentals, profit and overhead, and for which a schedule of values is to be provided upon request.

23.

DIVISION III, SECTION 30 AWARD AND EXECUTION OF CONTRACT SUPPLEMENT

A. Award of Contract Supplement: Per the FAA Policy. Project will be awarded to the lowest responsive and responsible bidder on the AIP-funded portion, which is the base Bid for our project

Owner has the right, at their discretion, to award a contract for the base bid and any number of alternates or combination of alternates that fit within the funds available for the project. Owner, at their discretion has the right to not award a contract for alternates that exceed the funding available. Owner has option to not award a contract for the project without reason.

B. Verbal agreements Supplement: No verbal agreement or conversation with any officer, agent, or employee of Owner, either before, during or after the execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents, nor shall such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of the Contract.

24.

DIVISION III, SECTION 50 CONTROL OF WORK

A. Authority of the Engineer Supplement: The Engineer may observe, at their own discretion the Contractor’s methods, plant, equipment and appurtenances and may order the work stopped when necessary to prevent its improper execution; may reject any work and materials which in his opinion does not conform to the requirements of the Contract; shall decide all questions which may arise as to the obligation of the Contractor to do any particular work or to furnish any particular materials or as to the reasonable value of any additional work or materials required by the Engineer, or as to the deductions to be made from the Contract price for the work specified herein by reason of any work or materials directed by the Engineer to be omitted. All instructions, rulings and decision of the Engineer shall be made promptly and shall be in writing if so requested by the Contractor, and all such instructions, rulings, and decisions shall be final and binding.

In carrying out any of the above provisions or in exercising any power or authority granted to him by the Contract Documents, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the Owner, it being understood that in such matters the Engineer acts as an agent and representative of the Owner.

Nothing in this section or any other contract documents provision is intended to authorize Engineer to make any decision or give any approval that any applicable law requires be made by the OIAA Commission or other governmental official.

25.

DIVISION III, SECTION 60 CONTROL OF MATERIALS

A. Better Material or Process Supplement: In the event the Contractor furnishes a material, process or an article better than that specified, any difference in cost of such material, process or article so furnished shall be borne by the Contractor.

B. Shop Drawings and Submittals Supplement: The Contractor, at his own expense, shall furnish for the approval of Engineer any and all shop drawings and other submittals required by the Specifications, or that may be requested by the Engineer, for any and all materials the Contractor proposes to use.

Shop drawings and submittals shall be submitted in quadruplicate and shall be marked with the name of the Project and the name of the Contractor.

C. Materials List Supplement: The Contractor shall submit a complete list of all manufactured materials and equipment which he proposes to incorporate into the Project to the Engineer for approval before placing his order for such materials or equipment. If the materials or equipment vary in any way from what was specified or shown on the Plans, specific mention of the variation shall be made in the letter of transmittal.

D. Guarantee of Workmanship and Materials and Date of Acceptance Supplement: Besides guarantees required elsewhere, Contractor shall and does hereby guarantee all workmanship and materials for a period of one year, except as otherwise required in the Contract for a longer period, from and after the date of acceptance of the Work and recordation of Notice of Completion by Owner and shall repair or replace any or all workmanship and materials, together with any other work which may be displaced in so doing, that, in the opinion of the Owner, is or becomes defective during the period of said guarantee without expense whatsoever to Owner.

E. Form of Guarantees Supplement: Guarantees in the form of written warranty shall be supplied on the Contractor's own letterhead as follows:

WARRANTY FOR:

We hereby warrant that the_____________________________ has been installed in accordance with the drawings and Specifications and that the work as installed will fulfill the requirements of the warranty included in the Specifications. We agree to repair or replace any or all of our work together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or materials for the period of one year from date of acceptance of the above-mentioned structure by the Owner, ordinary wear and tear, and unusual abuse or neglect excepted.

In the event of our failure to comply with the above-mentioned conditions within seven (7) days after being notified in writing we, collectively or separately, do hereby authorize the Owner to proceed to have said defects repaired and made good at our expense, and we will honor and pay the cost and charges therefore on demand.

Signed:________________________________________________

26. DIVISION III, SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC

A. Safety Supplement: The Engineer has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences or procedures required for the Contractor to perform his work.

The Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable state, OIAA, and local laws, ordinances, and codes.

27. DIVISION III, SECTION 90 MEASUREMENT AND PAYMENT

A. Acceptance and Final Payment Supplement: OIAA may withhold funds or, because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the OIAA from loss, due to causes including but not limited to the following:

1) Defective work not remedied;

2) Claims filed or information reasonably indicating probable filing of claims;

3) Failure of Contractor to make payment due for materials and/or labor;

4) Information causing reasonable doubt that the contract can be completed for any unpaid balance;

5) Damages to another Contractor;

6) Liquidated Damages.

When any and all of such causes are removed, certificates shall be issued for amount withheld.

B. Direct Costs Supplement:

1) Labor

a. Cost of labor shall include any employer payments to or on behalf of workers for health, welfare, pension, vacation, and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality at the time the work is being performed. No labor charges will be accepted for supervision. The costs for all superintendents and forepersons are included in the markups established by the Contract Documents. The only exception to this will be working forepersons who perform actual manual labor or the extra work. No labor charges will be accepted for engineering or proposal preparation. These costs are included in the markups established by the Contract Documents.

b. Overtime and premium time pricing will only be allowed for labor which is performed after normal working hours at the Engineer’s direction and written approval. If the Contractor chooses to work overtime without the Engineer’s written approval, then overtime rates and premiums shall not apply.

2) Material

a. The actual cost to the Contractor for the materials directly required for the performance of the force account work. Such costs of materials may include the cost of transportation. No delivery charge will be allowed unless the delivery is specifically for the changed work.

b. If a trade discount by an actual supplier is available to the Contractor, it shall be credited to the OIAA. If the materials are obtained from a supplier or source owned wholly by or in part by the Contractor, payment thereof will not exceed the current wholesale price for the materials. The term "trade discount" includes the concept of cash discounting.

c. If, in the opinion of the Engineer, the cost of the materials is excessive or if the Contractor fails to furnish satisfactory evidence of a cost to the Contractor from the actual supplier thereof, then, in either case, the cost of materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The OIAA reserves the right to furnish such materials as it deems advisable and the Contractor shall have no claims for cost or profits on materials furnished by the OIAA.

3) Equipment

a. The actual cost to the Contractor for the use of equipment directly required in the performance of the force account work. In computing the hourly rental of equipment any time less than thirty (30) minutes shall be considered one‑half hour. No payment will be made for time while equipment is inoperative due to breakdown or for non-working days. In addition, the rental time shall omit the time required to move the equipment to the work, for rental of such equipment, and to return it to the source. No mobilization or demobilization will be allowed for equipment already on site. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time thereof. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the Project in any way other than upon the changed work.

b. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be small tools or small equipment and no payment will be made thereof unless it is a direct expense for the changed work and is used for no other purpose.

c. The rental rate for equipment will not exceed that as recommended by the lower of the rental rates established by Caltrans or as contained in the Association of Equipment Distributors (AED) book.

d. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for all costs incidental to the use of the equipment.

C. Cost Markups Supplement:

1) For work performed by the Contractor, a 15 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90-5) of the force account work.

2) For work performed by a Subcontractor a 20 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90-5) of the force account work. (Suggested breakdown: 15 percent to the Subcontractor, 5 percent to the Contractor.)

3) For work performed by a Sub-subcontractor (any tier) a 25 percent markup for overhead and profit will be added to the direct costs (as defined in Section 90-5) of the force account work. (Suggested breakdown: 15 percent to the Sub‑subcontractor, 5 percent to the Subcontractor and 5 percent to the Contractor.)

4) In no case will the total markups be greater than 25 percent of the direct cost notwithstanding the number of Contract tier actually existing.

5) On proposals covering both increases and decreases in the amount of the Contract sum, overhead, profit and commission shall be allowed on the net increase only as determined above. Where the difference is a deletion, no percentage for overhead, profit or commission shall be allowed.

6) The markup percentage shall be full compensation for profit, small tools, cleanup, engineering, supervision, warranties, job site overhead and home office overhead. No markup will be allowed on taxes, insurance and bonds.

END OF SPECIAL PROVISIONS FOR AIRPORT CONSTRUCTION

3(c): Special Provisions for Airport Construction Issued for Bid

May 1, 2026