REQUEST FOR PROPOSAL (RFP) APRON AREA LIGHTING UPGRADE Luis Mu±oz Marn

REQUEST FOR PROPOSAL (RFP)

APRON AREA LIGHTING UPGRADE Luis Muñoz Marín International Airport (SJU)

Carolina, Puerto Rico ISSUED: June 13, 2018

DUE: NO LATER THAN 2:00 PM (AST), JULY 12, 2018

SUBMIT TO: Jorge Jourdan Utilities Manager

Physical Address: Aerostar Airport Holdings, LLC Administrative Offices Terminal D Luis Munoz Marin International Airport Carolina, Puerto Rico 00983 787-289-7240

US Mail Address: Aerostar Airport Holdings, LLC PO Box 38085 San Juan, Puerto Rico 00937

S J U R F P – AEROSTAR AIRPORT HOLDINGS, LLC Page 2

TABLE OF CONTENTS

Part No. Description

I Definitions and Introduction

II Notice for Advertisement

III Instructions to Bidders

IV Security and Safety Standards

V Proposal Bid Form

VI Construction Agreement

VII Non Collusion Affidavit

VIII Bid Bond

IX Statutory Payment Bond

X Buy American Certification

XI Disadvantageous Business Enterprise Program

XII General Conditions

XIII Aerostar Special Provisions

XIV FAA Technical Specifications

XV Non FAA Technical Specifications

XVI Supplementary Provisions

XVII Construction Safety and Phasing Plan

XVIII Exhibits


SECTION I – DEFINITIONS AND INTRODUCTION I. DEFINITIONS

“Aerostar” – Aerostar Airport Holdings, LLC

“Bidder”– an individual business submitting a bid to Aerostar Airport Holdings

“Contractor” – the contractor submitting the Proposal or contractor awarded the contract

“FC” – Foot Candles

“HPS” – High Pressure Sodium

“IESNA” – Illuminating Engineering Society of North America

“LED” – Light-Emitting Diode

“NEC” – National Electrical Code

“NFPA” – National Fire Protection Association

“RFP” – Request for Proposal

II. INTRODUCTION

A. GENERAL INFORMATION

Since February 27, 2013, Aerostar Airport Holdings, LLC, (“Aerostar”), is the Airport Operator and the Sponsor for the Luis Muñoz Marín International Airport (“SJU” or “Airport”). Aerostar invites the submittal of Statements of Proposals from contractors interested in suppling and installing new LED Apron Lighting System. The new LED apron lighting system to improve safety requirements, lighting quality, energy efficiency, reduce operating costs and eliminate maintenance. The selected Contractor will perform quality grade work and insure compliance with local, NFPA and NEC codes. The Contractor responsibilities will include 24-hour emergency response to requests from Aerostar for emergency repairs, if any unsafe situation should arise. Contractor employees performing services under this contract will be controlled, directed and supervised at all times by management personnel of the Contractor. Aerostar is committed to providing safe, efficient, and appealing facilities. The objective is to preserve and provide continuous improvement of all Airport facilities and systems by evaluating their conditions and planning their maintenance, rehabilitation, replacement, and/or modernization.

B. SCOPE OF WORK

The Contractor shall supply and install a new LED apron lighting system replacing the existing high pressure sodium (HPS) lighting system. Installation method will vary depending on type of lighting pole and structural requirements for type of pole base.


Lighting, poles and pole base will be demolished and installed as per construction drawings, attached to Section XVIII – Exhibits. This project is being undertaken and accomplished by Aerostar in accordance with the terms and conditions of the Airports Improvements Program ("AIP") administered by the Federal Aviation Administration ("FAA"). For AIP projects, the United States Government has agreed to reimburse Aerostar for some portion of the Contract Sum. Such reimbursement is made from time to time upon Aerostar’s request to the FAA. Contractor shall provide to Aerostar all information, reports, documents, and/or certifications requested by Aerostar for the satisfaction of any grant requirements for the Project. Contractor shall comply with all applicable laws, regulations, executive orders, policies, guidelines, and requirements for AIP funded projects. Nothing herein shall be construed as making the FAA a party to the Agreement.

C. PRE-PROPOSAL MEETING

A pre-bid meeting will be held on June 26, 2018 from 10:00 a.m. to 11:30 a.m. at Aerostar’s Administrative offices located on the 1st level of Terminal D, Training Room. A general presentation of the program scope and deliverables will be included in the meeting. Following the completion of the meeting there will be a site visit hosted by Aerostar Project Management. Proponents may request during the preparation of their proposals further visits to assist in the development of bid pricing. Proponents will not be permitted to visit the site without notice (48 Hours) and without Aerostar project personnel. No exceptions. Inquiries regarding an explanation or interpretation of the solicitation, specifications, etc should be directed to the RFP Coordinator:

Name: Jorge Jourdan – Utilities Manager

E-mail: [email protected]

D. PROPOSAL RESPONSE DATE AND LOCATION

Sealed proposals in packages bearing the name and address of the contractor and clearly marked, “APRON AREA LIGHTING UPGRADE PROPOSAL, LUIS MUÑOZ MARÍN INTERNATIONAL AIRPORT” must be submitted to Aerostar’s Utilities Manager, no later than 2PM on Thursday, July 12, 2018 at the office location given below. Contractor must submit two (2) original and one (1) electronic copy to the following location and email. Contractors accept all risks of late delivery of mailed proposal regardless of fault. Name: Jorge Jourdan – Utilities Manager

Location: Aerostar Airport Holdings, LLC Luis Muñoz Marín International Airport Terminal D, First Level, Carolina, Puerto Rico 00979

Telephone: (787)-289-7240 x. 2915

Note: Aerostar reserves the right to add or remove any contractor at its sole discretion; Aerostar also reserves its right not to accept any proposal submitted, and may seek additional or further proposals from any other party or parties, or waive any requirement, as it may deem appropriate.


SECTION II – NOTICE FOR ADVERTISEMENT Aerostar Airport Holdings, LLC (“Aerostar”) is the airport operator of the Luis Munoz Marin International Airport located in San Juan, Puerto Rico. Aerostar is requesting submissions of proposals for the Apron Area Lighting Upgrade as described in the Request for Proposal (“RFP”). Proposals will be received by Aerostar until Thurs. July 12, 2018 @ 2PM AST (Bid opening date). Any documents received after the submittal deadline will not be considered. Submittal documentation will be received by Aerostar at our office located on the arrivals level of the Luis Muñoz Marin International Airport, or through any courier service at:

Sealed Bid – Apron Area Lighting Upgrade Bid of (Name of Bidder)

To be opened on: July 12, 2018 ATTN: Jorge Jourdan, Utilities Manager

Aerostar Airport Holdings, LLC Luis Munoz Marin International Airport

Terminal D Ground Level Carolina, P.R. 00981

A pre-bid meeting will be held at the office of Aerostar Airport Holdings, LLC, San Juan, Puerto Rico; interested parties are encouraged to attend. Meeting is scheduled for Tuesday June 26, 2018 @ 10AM. The RFP may be obtained by visiting http://aeropuertosju.com/en/public-notice/rfp/. It can be requested through email to [email protected] or may be received in person at Aerostar’s reception area. Aerostar reserves the right to waive any proposal irregularities, informalities, or technical deficiencies. Aerostar reserves the right to reject any and all proposals for any reason whatsoever, to award or refrain from awarding a contract, to advertise for new proposals, or cancel the process in its entirety. Aerostar, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. END OF NOTICE FOR REQUEST FOR QUALIFICATIONS


SECTION III – INSTRUCTION TO BIDDERS

Bid Documents

The Bid Documents are hereby defined as the following:

Notice for Advertisement (Invitation) Instruction to Bidders Construction Agreement Bid Form Bid Bond Supplementary Provisions Non-Collusion Affidavit Buy American Certification DBE Compliance Plan All authorized addenda issued by Aerostar Airport Holdings, LLC (“Aerostar”) Any document incorporated in whole or in part by reference in any of the documents above

All documents comprising the Bid Documents are complementary to one another and together establish the complete terms, conditions and obligations of the successful bidder. Bidders acknowledge and agree that they will abide by all terms, conditions and obligations contained in the Bid Documents. Bidder Representation

By submittal of a bid, the Bidder represents the following:

The Bidder has read and thoroughly examined all Bid Documents. The Bidder has a complete understanding of the terms and conditions required for the

satisfactory performance of the project. The Bidder has found no errors, conflicts, ambiguities or omissions in the Bid Documents, except

as previously submitted in writing to Aerostar that would affect cost, progress or performance of the work.

The Bidder is familiar with all applicable Federal, State and local laws, rules and regulations pertaining to execution of the agreement and the project work.

The Bidder has complied with all requirements of these instructions and the associated Bid Documents.

Qualifications of Bidders

No proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to Aerostar Airport Holdings LLC, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the sponsor, or who is deemed irresponsible or unreliable by the sponsor. Corrections or Modifications to Bid Documents

Modifications to the Bid Documents may only be made by written addendum issued prior to the execution of the Agreement by Aerostar. Verbal explanations, interpretations or comments shall not be construed as binding.


Errors and Discrepancies in Bid Documents

Should Bidder find an error, discrepancy, ambiguity or omission in the Bid Documents prior to submittal of a Bid, the Bidder is obligated to contact Aerostar with written notice of the error, discrepancy, ambiguity or omission. The written notice shall identify the nature and location of the error, discrepancy, ambiguity or omission. Corrections or modifications to the Bid Documents will only be made by written addendum as prescribed herein.

Information, Clarification and Interpretations

A Bidder requiring information, a clarification or interpretation of the Bid Documents shall make a written request to Aerostar through email to: [email protected]

Forms of Bid

All bids shall be made on the forms provided in the Bid Documents. No Bidder may submit more than one bid. All bids are to be written in ink or typed, and shall be clearly legible. All blank spaces in the bid forms shall be legibly completed for each and every bid item. The Bidder shall initial in ink any erasures and alterations made on the bid form by the Bidder. The Bidder shall state the price of their bid in U.S. dollars and cents in both written and numerical format. In the event of a discrepancy, the written value will take precedence. The time for delivery must be stated in definite terms and may be a factor in making an award, price notwithstanding.

Shipping/Freight on Board (FOB) Point

All prices are to be quoted FOB destination, delivered and installed as required at the Luis Muñoz Marin Airport, Carolina, Puerto Rico. Bidder agrees to bear all risks of loss, injury or destruction of goods and materials ordered as a result of this bid, which occur prior to delivery to Aerostar. Such loss or destruction shall not release Bidder from any obligation hereunder.

Signature of Bid

The Bid shall be signed and dated by an authorized representative of the Bidder. The Bidder’s representative shall have the legal authority to obligate and bind the Bidder to the terms and conditions of the Bid Documents. Said authority must be properly documented.

Modification or Withdrawal of Bid

A Bidder may modify or withdraw their bid at any point up to the specified time and date identified for bid opening. Any modification to a Bidder’s bid, subject to the time constraint noted above, must be made on the bid forms contained in the Bid Documents. The Bidder’s authorized representative must sign the modification. Withdrawal of a Bid may be made, subject to the time constraint noted above, only with written confirmation under signature of the Bidder.


Buy American Certification

Bidders must complete and submit the Buy American Certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a complete Certificate of Buy American Compliance.

Bid Guaranty

Each Bid must be accompanied by a Bid Guaranty in the form of: a) a certified check or cashier's check made payable to the order of Aerostar Airport Holdings, LCC, or b) a Bid Bond issued by a surety company acceptable to Aerostar and duly authorized and licensed for such undertaking in Puerto Rico. The check or bond shall be in the amount of no less than ten percent (10%) of the aggregate of the Base Bid and the total of all alternates. The check or bond submitted shall be submitted with and shall accompany the bid envelope in a separate sealed envelope labeled "Bid Guaranty". The Bid Guaranty shall not be a limit of damages in the event of the failure or refusal of the successful Bidder to enter into a contract. Failure to submit the Bid Guaranty as required herein may, in the sole discretion of the Aerostar, be grounds for disqualification of the Bidder. An individual surety or sureties will not be accepted. The Bid Bond shall name Aerostar Airport Holdings as obligee.

Exceptions/Deviations

Bids that have, as their basis, an item or items that do not meet or exceed one or more of the requirements of the Technical Specifications (Procurement Specifications) as set forth in the Bid Documents shall be accompanied by a written explanation listing the specification page number, paragraph number and requirement, identifying the non-conforming feature or item, and detailing why the feature or item should be considered as meeting or exceeding the requirements. Aerostar shall be the sole judge of whether or not an apparently non-conforming item is acceptable and should be deemed conforming to the bid specifications.

Submission of Bids

Bids shall be mailed or hand delivered to arrive prior to the specified time and date for bid opening. Bids received by fax or e-mail will not be considered. Bids received after the specified time will not receive consideration. Bids shall be enclosed in a sealed envelope. The envelope shall be marked as follows:

Sealed Bid- Apron Area Lighting Upgrade Bid of (Name of Bidder)

To be opened on: Thursday July 12, 2018 Attn.: Jorge Jourdan

Aerostar Airport Holdings, LLC Luis Muñoz Marín International Airport

Terminal D Ground Level Carolina, P.R. 00981

The bid envelop shall contain the following documents, all duly executed and signed:

Bid Form Bid Bond Non-Collusion Affidavit


Buy American Certification Supplementary Provisions DBE Compliance Plan All authorized addenda issued by Aerostar Airport Holdings, LLC (“Aerostar”)

Bid Protest Procedure

Prior to the bid opening date, any Bidder or potential Bidder wishing to file a protest concerning alleged improprieties in this request for proposal must submit the protest in written format to Aerostar five (5) calendar days prior to the specified time for bid opening. The formal written protest must identify the name of contractor contesting the solicitation and the specific grounds for the protest. After bid opening, any bidder wishing to file a protest concerning this solicitation must submit the protest in written format to Aerostar within five (5) calendar days of the Notice of Award. Any protest lodged after such time will not be considered. The formal written protest must identify the name of contractor contesting the solicitation and the specific grounds for the protest.

Bid Opening

All bids submitted prior to the stated time and date for opening of bids will be publicly opened and read aloud by Aerostar. Bidders, their authorized representatives, and other interested parties are invited to attend. Bids submitted after the stated time and date for bid opening will be automatically rejected without consideration.

Evaluation of Bids

Bids may be held by Aerostar for purposes of review and evaluation for a period not to exceed ninety (90) calendar days from the stated date for opening of bids. During this evaluation period, bidders agree to honor the stated price(s) without adjustments. Bidder shall honor its bid for the duration of this period of review and evaluation. The Bid Guaranty will be held by Aerostar until this period of review has expired or an agreement has been formally executed.

Bid Informalities and Irregularities

Aerostar reserves the right to waive any informality or irregularity discovered in any bid.

Cancellation of Award

At any time prior to execution of an agreement, Aerostar reserves the right to cancel the award for any reason whatsoever and without any liability for such cancellation.

Notice of Awards

It is the intent of Aerostar, after a period of review and evaluation, to execute an agreement for the upgrade of the apron area lighting from the successful bidder. The successful bidder will be informed that their bid has been accepted through a Notice-of-Award. The Notice-of-Award shall not be construed as a binding agreement. The proper execution of an agreement shall serve as the binding agreement.


Funding Assistance

Federal funding assistance was provided for this project. Award and execution of an agreement is conditioned upon the FAA concurring in the award and providing the funding agreed to by the binding agreement.

Return of Bid Guaranty

The Bid Guaranty shall be returned to the bidders whose bids are not accepted and to the successful bidder promptly after the execution of the Agreement and the performance of all other conditions precedent to commencement of work under the Agreement.

Agreement

Within seven (7) calendar days of the receipt of the formal Agreement, the successful Bidder shall execute the Agreement. Failure to execute the Agreement within the specified time frame may result in the Bid being awarded to the next responsive and responsible Bidder and forfeiture of the first Bidder’s Bid Guaranty.

Confidential Information

Aerostar will treat bidders’ information and submittals as confidential information to the extent provided by law. Unless required by law, or as ordered through a court or administrative proceeding, Aerostar will not share information about proposals with other bidders and/or potential bidders. Notwithstanding the foregoing, all information submitted will be shared with the Federal Aviation Administration, the Puerto Rico Ports Authority, and any other federal or local agency or entity, as required.

Disadvantage Business Enterprise

Aerostar Airport Holdings, LLC in compliance with Federal Aviation Administration requirements has established a minimum goal 15% for Disadvantage Business Enterprise (DBE) participation. This goal must be met by the submitting contractor, failure to comply with DBE requirements may result in disqualification from this opportunity.


SECTION IV – SECURITY AND SAFETY STANDARDS I. Security Standards

A. All workers must comply with the Aerostar Security Department Rules and Regulation for the Airport Identification Credentials.

B. All vehicles must be identified with the company logo.

C. Automobile Liability

- $1,000,000 Combined Single Limit for any auto, owned or non-owned if vehicles are to be operated in the public area, or $5,000,000 Combined Single Limit of any auto, owned or non-owned if vehicles are to be operated in the Airport Operational Area, ( “AOA”).

D. ID Cost and Penalties

SIDA (Security Identification Display Areas)

Secure Area Visitor Passes Fingerprints

New ID $50.00 $10.00 $50.00

ID Renewal $30.00 $10.00 $50.00

ID Lost or Stolen $200.00 + $50.00

$50.00 + $10.00

ID Not Returned $250.00

Not informing the Aerostar Security Office a disqualifying offence or crime.

$500.00

ID Expired

$50.00 per day to individuals/

$150.00 per day to the company

$25.00 per day

II. Safety Standards

A. Prior to commence the contracted work, the contractor must provide a Safety Management Plan specifically oriented to the scope presented in this RFP.

B. All equipment to be used and all work to be performed must be in full compliance with the most current revision of the American National Standards Institute Standards and National Fire Protection Association. Contractor must provide certifications of inspection, to assure good condition of equipment. A detailed safety plan shall be submitted for the approval of Aerostar within the first two (2) days of the Notice to Proceed. The Plan shall include the safety procedures, requirements and certifications if applicable as well as a continuous training program. Once the Plan is approved, it must be discussed and strictly enforced. Safety requirements will not be limited to those included in this Plan.


SECTION V – PROPOSAL BID FORM The undersigned bidder proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by Aerostar Airport Holdings, LLC, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Aerostar Administrative Offices, which are referred to below and made a part hereof, at the following unit prices, to-wit: Item #

Item Description Total Amount

1 Surety/Insurance/Performance and Payment Bond $ ________________ LUMP SUMP

2 Security Standards (IDs & Vehicle permit) $ ________________ LUMP SUMP

3 Mobilization (General Conditions Section) LUMP SUMP

$ ________________

4 Unitary Price per Equipment Type (Demolition, Luminaire, Pole, Electrical Work, Obstruction Lights) (as per Schedule in Construction Drawings)

LUMP SUMP

Luminaire Type __________, Pole Type __________ Luminaire Type __________, Pole Type __________ Luminaire Type __________, Pole Type __________ Luminaire Type __________, Pole Type __________ Luminaire Type __________, Pole Type __________ __________

$ _______________ $ _______________ $ _______________ $ _______________ $ _______________


Item #

Item Description Total Amount

5 Unitary Price per Equipment Type (Demolition, Pole Base, Structural Installation) (as per Schedule in Construction Drawings)

LUMP SUMP

Pole Base Type __________ Luminaire Type __________ Luminaire Type __________ Luminaire Type __________ Luminaire Type __________

$ _______________ $ _______________ $ _______________ $ ______________ $ _______________

6 Unitary Price per Installation to Pole (Light, Installation to Pole, Electrical Connection) (as per Schedule in Construction Drawings)

LUMP SUMP

Per Pole ____________

$ _______________

7 Security Camera System

LUMP SUMP

$ _______________

8 Roof Sealing

LUMP SUMP

$ _______________

9 Commissioning

LUMP SUMP

$ _______________


Aerostar Airport Holdings, LLC reserves the right to waive any informality in any bid and to reject any or all bids. At time of award of this contract, Aerostar Airport Holdings LLC reserves the right to set a maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit. All quantities are estimated and Aerostar reserves the right to increase, reduce or eliminate the contract quantities in any amount. The Bidder agrees that this bid shall be valid and may not be withdrawn for a period of one hundred and eighty (180) calendar days after the scheduled closing time for receiving bids, Upon receipt of written notice of the acceptance of this bid, the Bidder will execute the formal contract included in the Contract Documents within 10 working days and deliver the required insurance and bonds specified in the Uniform General Conditions. The work described above includes all the necessary demolition and removal of materials attendant upon the construction of the work complete in place, and the disposal of all excess material and the final cleaning up of the work. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business (Post Office Box is inappropriate). IF A CORPORATION, state the name of the President, Secretary and Resident Agent. IF A PARTNERSHIP, state the names of all partners. IF A TRADE NAME, state the names of the individuals who do business under the trade name. If the firm is a foreign corporation (i.e., non-Puerto Rico), it must be authorized to do business in the Commonwealth of Puerto Rico by the Puerto Rico Secretary of State. PLEASE PRINT OR TYPE.


The undersigned bidder acknowledges that he may be required to furnish additional information as deemed necessary by Aerostar Airport Holdings, LLC, to update their records should he be awarded the work described below. The undersigned bidder affirms that he has or will obtain all equipment necessary to complete the work described, that he has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in Puerto Rico. The undersigned bidder has not divulged to, discussed, or compared this bid with other bidders, and has not colluded with any other bidder or parties to a bid whatsoever. Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this proposal. The Bidder understands that Aerostar Airport Holdings, LLC reserves the right to accept or reject any or all bids and to waive any informality in the process. The undersigned bidder proposes to begin work within the time specified in the General Conditions after notice has been given by Aerostar Airport Holdings, LLC and to complete the work within 6 months from the date of such notice.


SECTION VI – CONSTRUCTION AGREEMENT

AGREEMENT NUMBER: This Construction Agreement (hereinafter the “Agreement” or “Contract”) is made and entered into as of __________________________ [DATE] (the “Effective Date”), by and between AEROSTAR AIRPORT HOLDINGS LLC, a Puerto Rico limited liability company organized and existing under the laws of the Commonwealth of Puerto Rico, (“Operator” or “Owner”), represented herein by its President, Mr. Agustín Arellano-Rodríguez, and _____________________________________________ (“Contractor”), represented by its [Authorized signature title and name]. Operator and Contractor shall be referred to collectively as the “Parties.” WHEREAS, Operator is the lessee and operator of the Luis Muñoz Marín International Airport (“Airport”) located in Carolina, Puerto Rico pursuant to Lease Agreement executed on July 24, 2012 by and between Operator and the Puerto Rico Ports Authority. WHEREAS, the Operator desires to have certain construction work for the Project (hereinafter more particularly described) at the Airport by the Contractor as an independent contractor, and the Contractor is willing to do such work, upon the terms, prices, considerations and conditions herein expressed. THEREFORE, in consideration of the mutual promises of the parties hereto, it is agreed as follows: ARTICLE I. THE PROJECT Section 1.1. The Project is the Apron Area Lighting Upgrade (the “Project”) as described in Exhibit I. ARTICLE II. SCOPE OF WORK Section 2.1. Scope of work.

(a) The Contractor shall furnish all of the labor, materials, equipment, supplies and incident materials as necessary for the prosecution and completion of, and perform all of the work related to, the Project (collectively and as more fully described hereunder and/or in the Contract Documents, the “Work”) as set forth and in accordance with the terms and provisions of the documents described on Exhibit I (the “Contract Documents”). The Contractor shall perform all necessary Work and furnish all necessary materials in order to prosecute, complete, erect and/or build the Project on the Airport in “turnkey” condition so that, upon completion of the Contractor’s obligations, the Operator will not be required to perform any work or furnish any material or labor in order to make use of the facilities.

(b) Attached hereto as part of Exhibit I are the Contract Documents, which are in the possession of each of the parties and are incorporated into this Agreement to the same extent and effect as if they were fully set out herein. Contractor warrants and represents that the Contract Documents cover all items of work, labor, and materials needed for the Project.

(c) All construction related Work shall be performed in accordance with the Contract Documents,

subject to any Operator approved changes therein. In the event of any conflict among the


Contract Documents and this Agreement, the Agreement shall prevail.

(d) If anything is omitted from the Contract Documents which may be required in order to furnish the Project complete in every respect and ready to be occupied and opened for business, the omitted items shall be deemed to be included within the scope of the Work to be performed by the Contractor, and the Contractor shall furnish all Work materials and labor as may be necessary to provide, furnish, and install the same, without additional cost to the Operator.

(e) All construction related Work which Contractor is not capable of performing with its own forces shall be let by Contractor to subcontractors (hereinafter called “Subcontractors”), in its own name, and not as an agent of the Operator, in accordance with the procedures set forth in Section 5.1.7 hereof.

(f) The Contractor shall be solely responsible for the means and methods of construction of the

Work and for the safe performance of the Work hereunder. Contractor covenants that all the Work will be done in a good and workmanlike manner and that all materials furnished and used in connection therewith will be new, unless otherwise approved in writing by Operator. The Contractor shall furnish and maintain an adequate staff and work force of skilled, competent, experienced, reliable, and honest workers on the Project to carry out the Contractor’s obligations hereunder in an efficient and timely manner until completion of the Work and shall enforce discipline and order among Contractor’s employees and shall not employ on the Project any unfit person or anyone not properly skilled or trained in the task assigned.

(g) Contractor shall provide competent supervision of all phases of the Work and shall cause the Work to be performed in strict and complete accordance with the Contract Documents and all things indicated or implied therefrom. All personnel and Subcontractors used by Contractor in the performance of the Work shall be qualified by training and experience to perform their assigned tasks. At the request of Operator, Contractor shall not use in the performance of the Work any person or Subcontractor deemed by Operator to be incompetent, careless, unqualified to perform the Work, or otherwise unsatisfactory to Operator.

(h) Contractor, immediately after execution of this Agreement, shall prepare and submit for the Operator’s approval an estimated progress schedule (the “Progress Schedule”) for the Work. The Progress Schedule shall indicate the dates for the starting and completion of the various stages of design and construction and shall be revised as required by the conditions of the Work, subject to the Operator’s approval.

(i) Contractor shall obtain all necessary licenses, building and other permits, and similar

authorizations from governmental authorities required to perform the Work and its obligations hereunder, and shall give all notices required by, and otherwise comply with, all applicable laws, ordinances, rules, regulations, and restrictions. The Contractor further agrees that all Work shall be performed in accordance with, and all materials furnished by it under this Contract shall comply strictly with, all applicable laws, rules, regulations, ordinances, codes, and orders of all federal, state, and local governmental authorities, agencies, departments, or bureaus having jurisdiction and which affect the Project and/or the Work hereunder (“Legal Requirements”) without extra charge or expense. The Contractor will be responsible for a violation of any such Legal Requirements arising out of the performance of the Work by the Contractor and will indemnify, defend and save harmless the Operator from and against any fine or expense,


including reasonable attorney’s fees and disbursements, resulting to them by reason of any such violation by the Contractor. The Contractor shall cooperate with the Operator by, among other things, appearing at any court, administrative, or legal proceedings or hearings held in connection with alleged violations of such Legal Requirements. No asbestos containing material, heavy metal containing paints/coating, or PCB containing materials shall be specified nor used in construction including, but not limited to, building materials, production processes and equipment, and utilities and other support processes and equipment.

(j) Contractor shall protect and prevent damage to all unfinished phases of the Work, including but not limited to, the protection thereof from damage by the elements, theft, or vandalism.

(k) The Contractor is responsible for the handling and distribution of its own tools, equipment, and materials. Contractor shall confine its tools, equipment, and materials and its operations to areas permitted by Legal Requirements or Operator. The Contractor shall organize and coordinate, well in advance of the time required on the Project, the procurement and delivery of all necessary materials, supplies, and equipment so that they will be available at the Project as needed for timely completion of the Work.

(l) The Contractor shall clear all rubbish created by its operations on a daily basis. In the event of the Contractor’s failure to clear and collect rubbish created by its operations, Operator may do so upon notice to the Contractor, and all cost and expense of performing such Work shall be charged to the Contractor’s account. Contractor acknowledges covenants and agrees that it will perform the Work without causing the existence of FOD. To that extent, Contractor acknowledges that is acquainted with the provisions of AC 150/5210-24 - Airport Foreign Object Debris (FOD) Management (current) and that it will comply with the applicable standards included therein and any other standard promulgated by Operator or any applicable authority, to ensure the proper elimination and prevention of FOD at the Airport. Contractor, in addition to any other remedy or indemnity under this Agreement, agrees to indemnify and hold harmless the Operator from any damages caused by an FOD at the Premises or at the Airport due to Contractor’s failure to comply with its obligations under this paragraph. In addition to the foregoing, Contractor’s shall have a continuing duty to inform the existence or possible existence of an FOD at the Airport, by promptly reporting the same to Operator’s administrative offices and operations department.

(m) Any material which has become damaged in any way during storage and delivery shall not be used and shall be replaced by Contractor at no additional cost. Completed work of Contractor shall be free of defects. Requests for substitutions of equipment, materials, or processes other than those specified must be approved in advance in writing Operator and the Contractor will furnish with Contractor’s request for approval of a proposed substitution such drawings, specifications, samples, performance data, and other information as may be required to assist in determining whether the proposed substitution is acceptable. Substituted materials, equipment, or processes not previously approved in writing shall not be installed, except at Contractor’s sole and complete risk.

(n) The Contractor shall afford other contractors reasonable opportunity for the installation,

execution, and storage of their respective Work and materials. Contractor shall attend coordination meetings. Contractor shall perform all preparation of its Work required in order to receive the work of other trades. Contractor shall advise other contractors of any preparation of


its work required in order to receive the work of other trades. Contractor shall advise other contractors of any preparation in their work required for its Work and shall provide those contractors with location plans and items to be built-in to their work in a timely manner.

(o) The Contractor shall attend and participate in all regular progress meetings and special job meetings.

(p) If the Work includes installation of materials or equipment furnished by the Operator or other parties, it shall be the responsibility of the Contractor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the Contractor shall be the responsibility of the Contractor and may be deducted from any amounts due or to become due the Contractor. Any defects discovered in such materials or equipment shall be reported at once to the Operator.

(q) Contractor shall confine operations at the Airport to areas permitted by Operator and by the

Legal Requirements and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. Beginning with the commencement of construction and continuing through to the Final Completion Date, Contractor shall be solely responsible for all material or equipment stored by it or by any Subcontractors on the Project site and, with Operator’s prior approval, off the Project site, including any material and equipment provided by Operator and shall take all precautions necessary to protect such material and equipment. Incurred costs for receiving, storage, and liability for such material and equipment and for warranty labor relating to the installation of such material and equipment, are included in the Contract Sum. Contractor shall train the individuals who perform Work under this Agreement and/or the Contract Documents on the use of any and all materials and equipment used at the Project site and shall, upon Operator’s request, with respect to any individual performing any of the Work under the Contract Documents, obtain from said employee, and submit to Operator, a certification verifying that the individual has not been convicted of any felony or misdemeanor involving dishonesty. Contractor shall further be responsible for the security of the Project site, including the security of all tools, materials, equipment and completed Work on the site. Contractor, without any increase in the Contract Sum, shall take such actions as may be necessary to maintain such security, including, but not limited to, the erection of temporary security around the Project site. Contractor shall properly safeguard and store any combustible materials necessary to the Work so as to protect against the possibility of fire or other damage. Contractor shall be solely responsible for all damage, cost or expense caused by the use or storage of combustible materials at the Project site, except and only to the extent that such damages, costs or expenses are actually paid by applicable insurance. Contractor shall provide reasonable safeguards including, without limitation, temporary weather tight enclosures for all exterior openings, as soon as walls and roof are built and to the extent necessary to protect the Work from weather conditions and to allow the Work to be performed within the timeframe established in this Agreement.

(r) Contractor shall be responsible for all cutting, fitting or patching required to complete the Work or to make its parts fit together properly. Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of Operator or another contractor by cutting, patching or otherwise altering such construction, or by excavation. Contractor shall not cut or otherwise alter such construction by Operator or another contractor except with written consent


of Operator and of such other contractor. Operator agrees that such consent shall not be unreasonably withheld and Contractor agrees that it shall not unreasonably withhold from Operator or another Contractor Contractor’s consent to cutting or otherwise altering the Work.

(s) Contractor shall have primary responsibility as the generator of all hazardous waste at the Project site, and shall comply with all regulations regarding the use, generation, storage, handling, discharge, disposal and transport of Hazardous Materials. Without limiting the foregoing, all chemicals and other products utilized in the performance of the Work must be environmentally acceptable, as determined by Owner in its sole discretion, and such use must be permitted by and be fully compliant with all Environmental Laws. Contractor hereby covenants and agrees that the application of all chemicals and other products utilized in the performance of the Work must be performed by a licensed applicator if so required under any Environmental Law or any other law, statute, rule, regulation, code, order or ordinance. Contractor shall also include requirements for such compliance in all contracts relating to the performance and completion of the Work that is the subject of the Contract Documents

(t) Contractor shall be responsible for any and all federal, state and local taxes arising from or relating to the performance or completion of the Work, including, without limitation, all federal, state and local unemployment taxes and federal and state income and social security taxes to be withheld from wages. Owner is hereby authorized to file, on behalf of Contractor, any and all reports, returns or other documents which are required of Contractor by any governmental authority and which Contractor shall have failed to file in accordance with the provisions of this Contract. Contractor further authorizes and empowers Owner to pay on behalf of Contractor any and all taxes, fees and assessments which Contractor shall have failed to pay as required by the provisions of this Contract, together with all required penalties and interest, and Contractor shall promptly reimburse Owner therefor within ten (10) days after receiving an invoice for such amounts.

(u) Contractor shall timely pay any and all applicable taxes, including any and all now existing or hereinafter imposed taxes of any kind, assessments, levies, duties, general or special license fees, municipal license taxes, construction excise taxes, real property taxes, SUT Taxes (as defined below), and/or any excise taxes. Contractor will be responsible for the fulfillment of any and all obligations, applicable to the Contractor, established by the legal provisions which apply to taxation matters.

(v) Contractor (and/or its employees, officers, directors, agents or subcontractors) shall not be treated as an employee of the Operator for purposes of federal, state or local taxes. Owner-Operator will not make any withholdings or employer contributions required by law, such as, Social Security, temporary non-occupational disability insurance, or any other retention under the applicable governmental laws or regulations. The Contractor shall be responsible for making all payments of the employer and individual contributions required by law, both at federal level, as well as state and local. Contractor shall withhold and deposit the same with the Secretary of the Treasury of Puerto Rico (“Treasury”) on behalf of the Contractor. Operator shall withhold those amounts required by the applicable laws and regulations, for payments made by Operator to the Contractor for the Work and/or for any other related services. It shall be the responsibility of the Contractor to notify Operator if it has received any waiver related to the corresponding withholding of its taxes for the Work and/or services rendered, and provide copy to Operator of said waiver. Operator will notify the Treasury of the payments made to the Contractor under this


Agreement, and shall require the Contractor, as many times as it deems necessary, evidence of having made the payments of the employer and individual contributions required by law. Contractor shall comply with any and all now existing or hereinafter enacted sales and use tax laws, as well as any value added tax laws and/or any other laws of similar nature. The current application of sales and use taxes, value added taxes or any other taxes of similar nature (collectively referred to as “SUT Taxes”) on the Work, is as established below:

a. Operator is currently exempt from paying SUT taxes and will furnish Contractor with a

certificate evidencing this exemption; provided that the Operator may not be exempt from SUT Taxes in the future. This document will be submitted to the contractor with the first payment of this Agreement.

b. Operator is at this moment not required to pay sales and use taxes, in regards to the Work

and/or any other activities contemplated by this Agreement, provided that if at any time in the future SUT Taxes are applicable to the Operator and the Operator is not exempt from paying said SUT Taxes, the Operator will pay the applicable SUT Taxes in regards to the Work and/or any other activities contemplated by this Agreement.

c. Contractor is legally obligated to pay any applicable SUT Taxes.

Section 2.2. Contractor shall perform the Work for Operator on a non-exclusive basis. Operator retains the right to contract with others in the business of providing construction work as Operator determines from time to time and may assign work to others at the Project as it determines necessary. Operator makes no projections about the quantity of work which may be assigned to Contractor, and Contractor may not rely in any way on any past or perceived projections or expectations of work. Operator shall not have any responsibility or liability in connection with any act or expenditure, including expenditures for equipment, materials, supplies, hiring, or capital, by Contractor because of any actual or perceived projections or expectations Section 2.3. Airport ID Badges. Contractor will be the sole responsible for any and all airport ID Badges issued in connection to this Agreement. Contractor shall submit Aerostar Airport Credentials Office on a monthly basis and no later than the 5th business day of the next month for which the information is provided an active ID Badges Report for all ID Badges issued in connection to this Agreement. Copy of said report format will be provided at the Authorized Signature Training to be provided by Aerostar prior the issuance of the identifications. Upon failure to provide said report as required herein, Contractor will be subject to i) a $100 late report fee for each additional day after the 5th business day that the report is not submitted to Aerostar; ii) no additional ID Badges will be issued to the Contractor until the report is finally submitted and all late report fees have been fully paid. If Contractor fails to timely submit its active ID badge report, this shall be sufficient grounds to terminate this Agreement at Aerostar’s sole discretion. The Parties acknowledge and agree that Aerostar may hold Contractor payment under this Agreement until all issued airport identification badges have been returned to Aerostar after the Work is completed. Contractor will incur in a penalty fee of $250 for each missing airport identification not returned to Aerostar upon termination of the Agreement or the Work, whichever is sooner.


Contractor agrees to observe and comply with all safety and security requirements, guidelines, standards, rules and/or regulations imposed by the Operator. ARTICLE III. TIME FOR PERFORMANCE Section 3.1. Upon execution of this Contract and issuance of a Notice to Proceed by Operator, Contractor shall commence performance of the Work and thereafter diligently proceed with the performance thereof to Final Completion. Contractor agrees to substantially complete the performance of the Work (“Substantial Completion”) on or before ____________________________ (“Guaranteed Date of Substantial Completion”). “Final Completion” shall occur within thirty (30) calendar days after Substantial Completion. Time is of the essence of this agreement. Section 3.2. The Contractor shall provide adequate manpower to keep up with the progress of the job. The Contractor shall not cause any unnecessary hindrance or delay to other subcontractors on the Project and shall bear all damages incurred by other subcontractors by Contractor’s operations. Section 3.3. Should the Work be obstructed or delayed by reason of Acts of God, accidents, strikes, or labor disputes, war, governmental preemption in connection with a national emergency, rules, orders, or regulations of any department, bureau, or subdivision of any governmental agency, or any other causes beyond the reasonable control of the Contractor, then the time for the completion of the Work shall be extended for a period equal to the time lost by reason of the causes aforesaid as approved by the Operator, but no such allowance shall be made unless a written claim therefor be presented to the Operator within three (3) working days after the commencement of such delay. No charge shall be made by the Contractor for storage of materials, tools, and equipment on the Work during such delay and no claim shall be made by the Contractor for damages for any such delay or cessation of Work. Extension of time shall be Contractor’s sole remedy for any such delay unless the same shall have been caused by acts constituting intentional interference by the Operator with Contractor’s performance of the Work where such acts continue after the Contractor’s notice to Operator of such interference. Operator’s exercise of any of its rights under Article IV, changes in the Work, regardless of the extent or number of such changes, or Operator’s exercise of any of its remedies of suspension of the Work or requirement of correction or re-execution of any defective Work, or any act, omission, or failure to maintain schedule by any subcontractor shall not under any circumstances be construed as intentional interference with Contractor’s performance of the Work. If the Contractor or any of its subcontractors or suppliers shall delay the progress of the Work and, as a result, thereof, Operator shall incur damages, the Contractor shall be responsible for same and shall indemnify and hold harmless the Operator on account of any such damages. With respect to the Contractor’s right to a time extension due to strikes, if the acts of the Contractor cause a strike or boycott, no extension of time shall be granted based thereon and if said acts shall cause a delay to the Project, the Contractor shall be responsible therefor. If the Substantial Completion is not achieved by the Guaranteed Date of Substantial Completion, Contractor acknowledges and agrees that Operator will suffer significant damages. Accordingly, if any Substantial Completion is not achieved by the Guaranteed Date of Substantial Completion, Contractor shall pay to Operator on demand (or, at Operator’s option Operator may deduct, withhold and/or set off the whole or any portion of the following liquidated damages amounts from or against any amounts then


or thereafter payable or due to Contractor from Operator), as liquidated damages for such delay and not as a penalty, the following amounts:

(a) If Substantial Completion is not achieved by the Guaranteed Date of Substantial Completion, $1,200 per day for each day of delay from and after the Guaranteed Date of Substantial Completion until Substantial Completion.

Operator and Contractor hereby agree that it would be impractical or impossible to ascertain at the outset of the Project the exact amount of damages in the case of Contractor’s failure to cause Substantial Completion to be achieved by the Guaranteed Date of Substantial Completion and agree to stipulate that Operator’s loss in the case of any such failure will be deemed equal to the amounts set forth herein as liquidated damages for the specific periods set forth above, which amounts both parties agree represent the parties’ best efforts at the outset in making a genuine pre-estimate of Operator’s actual damages in such event. Other than with respect to Operator’s right to claim damages for delay in the execution of the Work, the imposition or payment of Liquidated Damages shall not in any way limit Contractor’s liability for any other act or omission, or for any breach or default of Contractor, Subcontractor or any Supplier under any of the Contract Documents, other than for delay in the execution of the Work, or any way limit Operator’s other rights and remedies under this Agreement, including, but not limited to, Operator’s right to terminate Contractor as the contractor with respect to the Work and to retain a different contractor to complete the Work. ARTICLE IV. CHANGES IN THE WORK Section 4.1. Operator from time to time may authorize changes in the Work, issue additional instructions, require additional work, or direct the omission of Work previously ordered; provided, however, that Contractor shall not proceed with any change involving an increase or decrease in cost without prior written authorization from Operator. Section 4.2. Operator shall order changes in the Work by giving Contractor a written change order request (“Change Order Request”), setting forth in detail the nature of the requested change. Upon receipt of a Change Order Request, Contractor shall forthwith furnish to Operator a statement setting forth in detail, with a suitable breakdown by trades and work classifications, the Contractor’s estimate of the changes in the Contract Sum attributable to the changes set forth in such Change Order Request, together with Contractor’s estimate of changes in the Progress Schedule or Guaranteed Date of Substantial Completion for the Work resulting from such changes. If Operator approves in writing such estimate by Contractor, such Change Order Request and such estimate shall constitute a Change Order, and the Contract Sum shall be revised in accordance therewith. Section 4.3. If Operator and Contractor are unable to agree on changes in the Contract Sum or Schedule, Operator may order Contractor to proceed with the Work on the basis of the Change Order Request, and the adjustments to the Contract Sum and Schedule shall be determined by arbitration in accordance with Article XVIII hereof. Section 4.4 The Operator shall have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Guaranteed Date of Substantial Completion and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Contractor. Contractor shall carry out such written orders promptly. Such minor changes may be effected by written or verbal order at Operator’s election at any time.


ARTICLE V. CONTRACTOR COMPENSATION Section 5.1. Contract Sum 5.1.1. 5.1.1. In full consideration of full and complete performance of the Work, all costs incurred in connection therewith and all other obligations hereunder, Operator shall pay to Contractor the sum of ____________________________ (“Contract Sum”) subject to adjustment made in accordance to Article IV. Section 5.2. Payments 5.2.1.1. Progress Payments On or before the first day of each month during the performance of the Work, Contractor shall submit to Operator for its approval a request for payment (“Request for Payment”) in form and substance satisfactory to Operator. Each Request for Payment shall be for a sum equal to a portion of the Contract Sum earned to date; provided, however, prior to the date of the Final Request, as hereinafter defined, the aggregate of the Contract Sum payments shall not exceed 90% of Contract Sum stated in Subsection 5.1.1 hereof in accordance with the provisions of Section 5.2.1.3. Contractor shall not submit more than one Request for Payment per month, unless otherwise requested by Operator. Requests for Payment shall include the value of materials or equipment not incorporated in the Work, but delivered and suitably stored at the site or at some location agreed upon. Title to all equipment and materials shall pass to the Operator upon payment therefor, and Contractor shall prepare and execute all documents necessary to effect and perfect such transfer of title. In each Request for Payment, Contractor shall certify that such Request for Payment represents a just estimate of cost reimbursable to Contractor under the terms of Subsection 5.1.6.1 and shall also certify as follows:

That there are no known mechanics’ or materialmen’s liens outstanding at the date of this requisition, that all due and payable bills with respect to the Work have been paid to date or are included in the amount requested in the current application, and that, except for such bills not paid but so included, there is no known basis for the filing or the existence of any mechanics’ or materialmen’s liens on the Work, and that lien releases and waivers from all subcontractors and materialmen for work done and materials furnished to the effective date of such Request have been obtained in such form as to constitute an effective waiver of lien under the laws of the Commonwealth of Puerto Rico.

It is hereby agreed between Operator and Contractor that each properly executed Request for Payment is a valid lien release, as stated on the form, and that Contractor agrees to defend and indemnify Operator against any and all claims resulting from any lien, security interest, claim or encumbrance in favor of any person or entity making a claim by reason of having provided labor, materials or equipment relating to the Work. Neither Operator’s rights nor Contractor’s indemnification obligations under this Agreement and/or the Contract Documents shall be impaired or affected in any way by the failure of Operator to provide Contractor with a copy of a notice to Operator, notice of lien, mechanic’s lien, or other information requested by Contractor. Contractor shall require this language in all contracts with its Subcontractors and any contracts between Subcontractor and Sub-subcontractors.


Operator may make such exceptions to Contractor’s certification as Operator deems necessary or appropriate under the state of circumstances then obtaining. After submission of each such Request for Payment to Operator, Operator shall determine the amount (less retainage required to be withheld pursuant to this Agreement) of each Request for Payment that is properly due and will issue payment for such amount in accordance with this Agreement. The payment of any Request for Payment by Operator does not constitute approval of or acceptance of any item of cost in such Request for Payment, nor shall it be construed to be final acceptance or approval of that part of the Work to which the payment relates nor relieve Contractor of any of its obligations hereunder with respect thereto. 5.2.1.3. Retainage From each progress payment made prior to Substantial Completion Date, the Operator may retain ten percent (10%), of the amount otherwise due after deduction of any amounts as provided in section 5.2.3, and in no event shall such percentage exceed any applicable statutory requirements. If the Operator chooses to use this retainage provision, then the Operator may, in its sole discretion, reduce the amount to be retained at any time and the Operator may, in its discretion, release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which the Operator has accepted. To the maximum extent permitted by applicable law, Contractor hereby waives its rights, pursuant to statute or otherwise, to require the deposit of the retainage in a separate escrow or other account in a bank or other entity and authorizes and directs Operator to hold and release the retainage in accordance with the terms of the Contract.

5.2.2. Final Payment Thirty (30) days after Final Completion of the Work and acceptance thereof by Operator or as soon thereafter as possible, Contractor shall submit a final request (“Final Request”) which shall set forth all amounts due and remaining unpaid to Contractor (including the unpaid portion of Contractor’s Fee) and upon approval thereof by Operator, Operator shall pay to Contractor the amount due under such Final Request. The Final Request shall not be made until: (a) the Work, including all Change Order Requests, has been fully completed, (b) the Contract has been fully performed except for the Contractor’s responsibility to correct nonconforming Work during the Warranty Period (as defined in the Contract Documents) and to satisfy other requirements, if any, which necessarily survive payment of retainage, (c) the final audit and punchlist inspection has been completed (including a work evaluation form if required by Operator) and all punchlist Work has been performed, d) the final releases and waivers of all liens, claims, security interests and encumbrances (“Lien Releases”) executed by Contractor and all Subcontractors, Sub-subcontractors, material suppliers, materialmen and other persons or entities having the right to make a claim directly or indirectly by reason of having provided labor, materials or equipment relating to the Work, the Close Out Documents and all other documentation required to be submitted to Operator pursuant to the Contract Documents have been submitted to Operator, in each case in a form satisfactory to Operator as determined in Operator’s sole discretion, (e) the Final Request for Payment has been approved by the Operator, and (f) the consent of the surety or sureties on the Bonds (if applicable) to the reduction of the retainage has been submitted to Operator in a form satisfactory to


Operator in its sole discretion. If a Subcontractor or Sub-subcontractor refuses to furnish a Lien Release as required herein, then, in addition to Contractor’s indemnity obligations hereunder, Operator may require the Contractor to furnish a bond satisfactory to the Operator to fully indemnify the Operator against such lien. Operator may require that said bond be obtained no later than three (3) business days after Operator’s request. If such lien remains unsatisfied after payments are made, the Contractor shall, in addition to Contractor’s indemnity obligations hereunder, promptly refund to the Operator upon request all costs and expenses that the Operator may be compelled to incur to discharge such lien, including but not limited to, reasonable attorneys’ fees. Contractor delivers to Operator a complete release of all liens arising out of this Agreement and an affidavit that so far as Contractor has knowledge or information the release includes and covers all materials and services for which a lien could be filed, but Contractor may, if any Subcontractor or supplier refuses to furnish a release in full, furnish a bond satisfactory to Operator to indemnify Operator against any lien. Payment of the Final Request shall not constitute approval of or acceptance of any item of cost included therein, the items of cost being subject to final audit and adjustment by Operator within a reasonable time after payment of the Final Request. Acceptance of final payment by Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of Final Request for Payment. 5.2.3. Adjusment/Withholding from Payments (a) Any provision hereof to the contrary notwithstanding, Operator may adjust or reject a Request for Payment or nullify a previously approved Request for Payment, in whole or in part, and/or withhold from any payment due or to become due Contractor amounts sufficient to protect the Operator from loss or damage and/or to reimburse Operator for its expenditures for the account of Contractor and to secure: (1) correction or re-execution of work which is defective or has not been performed in accordance with the Contract Documents, (2) past due payments to Subcontractors and suppliers, (3) Operator’s remedies in consequence of any default of this Agreement, (4) claims of Operator or others pending against Contractor, (5) pending or imminent claims indemnified in Article VIII hereof, (6) except as accepted by the insurer providing builders risk or other property insurance covering the Project, loss or damage arising out of or relating to this Agreement and caused by the Contractor to the Operator or other to whom the Operator may be liable. (b) If Operator, in its good faith judgment, determines that the portion of the Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the Contract Sum then remaining unpaid is determined by Operator to be sufficient to complete the Work. (c) In no event shall any interest be due and payable by Operator to Contractor, any Subcontractor, or any other party on any of the sums retained by Operator pursuant to any of the terms or provisions of any of the Contract Documents.


ARTICLE VI. Subcontract Relations Section 6.1. Payment of Subcontractors Contractor shall make timely payment of all Subcontract amounts when and as due, except that notwithstanding provisions to the contrary in a particular Subcontract, Contractor shall not pay such Subcontractor any sums corresponding to sums withheld from Contractor by Operator on account of defects, deficiencies, acts, or omissions of such Subcontractor. Section 6.2. Harmony Contractor agrees, and shall require all Subcontractors and Sub-subcontractors to agree, that no labor dispute of any kind involving Contractor or any Subcontractor or Sub-subcontractor, or their employees or agents shall be permitted to occur or be manifested on the Project, and Contractor agrees, and shall require all Subcontractors and Sub-subcontractors to agree, to that end to only employ persons on the Work who will work at all times in harmony with other persons employed on the Project. Contractor agrees, and shall require each Subcontractor and Sub-subcontractor to agree, that its employees shall not participate in or accede to any work stoppage, slow down or any type of interference with the performance of work by other persons on the Project which may occur as a result of any labor dispute involving its employees. Should there be a work stoppage, slow down or any type of interference with the performance of Work on the Project involving Contractor or his employees or a Subcontractor, Sub-subcontractor or any of their employees resulting from a labor dispute and which, in the judgment of Operator, will cause, or threatens to cause, delay in the progress of construction, then upon twenty-four (24) hours written notice (or such longer notice period as may be required pursuant to applicable law), Operator shall have the right to declare Contractor in default under this Contract and take such steps as are necessary to finish the uncompleted portion of the Work. In such event and to the extent permitted by applicable law, Operator shall have the right to take possession of and use all of Contractor’s materials and equipment intended for use on the Work. The cost of completion, including all expenses, attorney’s fees and costs incurred in resolving the labor dispute, shall be charged against Contractor’s remaining interest in the Contract Sum (unless otherwise required by applicable law). Should Contractor and/or any Subcontractors or Sub-subcontractors become involved in a labor dispute resulting in a work stoppage, slow down or any type of interference with the progress of construction and resulting in an increase in interest charges to Operator, Contractor shall be liable to Operator for this increased cost (unless otherwise required pursuant to applicable law). If Contractor’s remaining interest in the Contract Sum is less than the cost of completion, Contractor shall pay Owner such deficit within thirty (30) days after written demand for such excess has been made upon it by Owner (or such longer period as may be required by applicable law). Harmony clause provisions similar to the provisions of the immediately preceding paragraphs shall be included in all of Contractor’s and/or Subcontractor’s subcontracts relating to the Work. ARTICLE VII. Insurance Contractor shall provide insurance according to the terms of Exhibit III hereto.


ARTICLE VIII. Indemnity Section 8.1. Contractor shall at its own expense fully protect, defend, indemnify, and hold harmless Operator, Operator's officers, managers, members, consultants, agents, and employees, design professionals and others (collectively, the “Indemnitees”) from and against the following: (a) All claims or liens of laborers, mechanics, materialmen, Subcontractors, and their subcontractors, and their respective employees. (b) All fines, penalties, assessments, or other exactions imposed by any governmental authority by reason of Contractor’s failure to comply with Article XV hereof. (c) All losses and expenses incurred by Operator because of failure of Contractor to obtain and maintain in force, in the limits provided by Exhibit III hereto, any insurance required to be furnished by Contractor. (d) The claims, losses, damages, and expenses for which indemnity is provided in Subsections d(1) through d(3) as follows:

(1) To the fullest extent permitted by law, Contractor shall indemnify and hold harmless any and/or all of the Indemnitees and their respective agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense: (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor or any Subcontractor including any engineer or other design professional employed or retained by Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section 8.1(d).

(2) In any and all claims against any and/or all of the Indemnitees or their respective agents or

employees by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section 8.1(d) shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts.

(3) The obligations of Contractor under this Section 8.1(d) shall extend to the liability of any engineer

or other design professional employed or retained by Contractor and such design professional’s agents or employees, arising out of: (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and (ii) the giving of or the failure to give directions or instructions by such design professional, his agents, or employees.

(e) Loss, damages, and expenses incurred by reason of infringement or alleged infringement of any patent rights, except where such claims arise from designs or methods specified by Operator.


(f) Any actions or omissions of Contractor or its employees, agents, representatives, Subcontractors, or Sub-subcontractors, or any employees, agents, representatives or contractors of any of the foregoing, in connection with the performance of the Work hereunder, including, without limitation, any injury, damage, harm or loss arising from, relating to or in any manner connected with the “release” or “threatened release” of hazardous materials, contaminants, oil or radioactive materials from any Operator’s premises as a result of or connected with Contractor’s performance of the Work, even if not discovered or alleged until after the termination of the Contract. (g) Any breach, violation or default by Contractor or its employees, agents, representatives, Subcontractors, or Sub-subcontractors, or any employees, agents, representatives or contractors of any of the foregoing, of Contractor’s obligations under the Contract Documents, including, without limitation, any violation of any law, statute, ordinance, order, rule or regulation, including, without limitation, any Legal Requirements. Section 8.2. Upon failure of Contractor, within five (5) days after notice of any lien or claim indemnified hereunder, to secure discharge or release of Operator therefrom, or otherwise expeditiously protect or defend Operator’s interest, Operator may, as authorized agent and for the account of Contractor, take over exclusive handling of such claim and secure such release or discharge in any reasonable manner; provided that such right shall accrue with respect to claims required to be covered by insurance only upon default or denial of coverage by the insurer. All expenses of Operator (including attorney’s fees and expenses of administration) incurred on account of the claims indemnified hereunder shall be for the account of Contractor. ARTICLE IX. BONDS Section 9.1. Contractor’s Bond Contractor shall obtain and thereafter at all times during the performance of the Work maintain a performance bond and a labor and material payment bond (the “Bonds” and/or “Performance and Payment Bonds”), each in form and substance satisfactory to Operator. ARTICLE X. QUALITY CONTROL Section 10.1. Operator shall at all times have access to the Work for inspection and testing thereof. Contractor shall provide proper and safe facilities for such access and inspection and/or testing. If any of the Work is required to be inspected, tested or approved by any public authority, Contractor shall cause such inspection, testing or approval to be performed. The cost of all inspections, tests or approvals required by this Agreement and/or the Contract Documents or public authorities shall be borne by Contractor. The cost of all other inspections, tests or approvals shall be borne by Operator except as provided in Section 10.3. Contractor is responsible for timely notice to Operator with regard to the performance of any inspection, test or approval required in this Agreement, the Contract Documents or Legal Requirements. Section 10.2. No inspection or test performed or failed to be performed by Operator hereunder shall be a waiver of any of Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof.


Section 10.3. If in the reasonable opinion of Operator any Work requires special inspection, testing or approval not mentioned in this Agreement and/or in the Contract Documents, Operator shall in writing instruct Contractor to order such special inspection, testing or approval and Contractor shall give notices provided above. If such special inspection or testing indicates that the Work inspected does not comply with the requirements of this Agreement and/or the Contract Documents, Contractor shall bear all costs thereof, including the cost of the testing and the cost to repair or replace the Work. If such special inspection or testing does not reveal a failure of the Work to comply with this Agreement and/or the Contract Documents then Operator shall bear such costs and an appropriate Change Order shall be issued. Section 10.4. If Contractor or any contractor covers any Work which Owner requested the opportunity to inspect or covers it contrary to this Agreement and/or Contract Documents, if required in writing by Operator, Contractor shall uncover this Work for Operator’s inspection and all costs of such uncovering and covering after inspection shall be borne by Contractor. Operator may request that Contractor uncover any portion of the Work that Operator had not specifically requested to observe prior to being covered. If such Work is found to be in accordance with the Contract Documents, the cost of uncovering and covering it after inspection shall be charged to Operator and the appropriate Change Order Request issued. If such Work is found not to be in accordance with the Contract Documents, Contractor shall pay the cost of uncovering and covering such Work after inspection. ARTICLE XI. Correction of Work Section 11.1. Contractor shall at its own expense: (i) correct or re-execute any parts of the Work that fail to conform with the requirements of the Contract Documents and appear during the progress of the Work, (ii) correct any defects in the Work due to faulty materials or workmanship, and (iii) replace, repair, or restore any parts of the improvements, fixtures, equipment, or other items constituting a part of the Project as Operator’s existing facilities placed therein (whether by Operator or any third party) that are injured or damaged as a consequence of any such nonconforming Work, failure or defect, or as a consequence of corrective action taken pursuant hereto. Section 11.2. Contractor shall be responsible for all costs of correcting such defective and nonconforming Work, including but not limited to the compensation for any of the design professional’s additional services made necessary thereby. Section 11.3. Should Contractor fail to make corrections required by this Article XI, Operator may do so at the expense and for the account of Contractor. In addition, if Contractor does not proceed with the correction of defective or nonconforming work within a reasonable period of time, Operator may remove it and store it at the expense of Contractor. If Contractor fails to pay the cost of such removal and storage within ten days of written notice from Operator, Operator may sell the Work by any means it chooses and, after satisfying its expenses incurred therein, shall pay the balance remaining, if any, to Contractor. If the proceeds of such a sale do not cover all costs which Contractor should have borne, the difference shall be charged to Contractor. Section 11.4. Nothing contained herein shall be construed to establish a period of limitation (or shorten any statute of limitation existing or applicable under the Legal Requirements) with respect to any other obligation which Contractor might have under this Agreement and/or the Contract Documents or under the Legal Requirements.


Section 11.5. At Operator’s sole option, Operator may accept defective or nonconforming Work. Operator may do so instead of requiring the removal and correction of such Work, in which case a Change Order Request will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by Contractor to Operator. ARTICLE XII. Liens Contractor shall not voluntarily permit any laborer’s, materialmen’s, mechanic’s, or other similar lien to be filed or otherwise imposed on any part of the Work or the property on which the Work is performed. If any laborer’s, materialmen’s, mechanics’, or other similar lien or claim thereof is filed or created under the Legal Requirements, and if Contractor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, Operator shall have the right to pay all sums necessary to obtain such release and discharge and deduct all amounts so paid from the next succeeding Requests for Payment until the total amount of same shall be recouped, as Operator may elect. ARTICLE XIII. TITLE OF WORK Immediately upon the performance of any of the Work, as between Contractor and Operator, title thereto shall vest in Operator; provided, however, the vesting of such title shall not impose any obligations on Operator or relieve Contractor of any of its obligations hereunder. ARTICLE XIV. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES Section 14.1. Inspection of Site Contractor represents that it has inspected the location or locations of the Work and all data relating thereto, including, without limitation, locations of structures and utilities, access to the site, and governmental regulations which may affect its activities on the site, and has satisfied itself as to the condition thereof and that Contractor’s Compensation as provided in Article V is just and reasonable compensation for all the Work, including all foreseen and foreseeable risks, hazards, and difficulties in connection therewith. Section 14.2. Financial and Physical Ability Contractor represents and warrants that it is financially solvent, able to pay its debts as they mature, and is possessed of sufficient working capital to complete this Agreement; that it is able to furnish the plant, tools, materials, supplies, equipment, and labor, and is experienced in and competent to perform the Work contemplated by this Agreement; and that it is authorized to do business in the Commonwealth of Puerto Rico where the situs of the Work is located. Section 14.3. License Contractor represents and warrants that Contractor holds a license, permit, or other special license to perform the services contemplated by this Contract, as required by law, or employs or works under the general supervision of the holder of such license, permit, or special license.


Section 14.4 Corporate Powers The Contractor warrants and represents that it has the required corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder. Moreover, the Contractor warrants and represents that the execution, delivery and performance by the Contractor of this Agreement have been duly and validly authorized and no additional corporate or shareholder authorization or consent is required in connection with the execution, delivery and performance by the Contractor of this Agreement. Section 14.5. Organization The Contractor warrants and represents that it is a corporation duly authorized to perform the Work in the Commonwealth of Puerto Rico and that the execution, delivery and performance of this Agreement does not contravene, infringe, breach or violate any laws, regulations, contracts, proprietary rights or any other legal obligation of the Contractor. Contractor warrants that it has sought and obtained all necessary consents, approvals and certificates required from any governmental authority with respect to the entering into or the performance of the Agreement and that no other consent, approval, certificate or withholding of objection is required from any governmental authority. Section 14.6. Compliance with Immigration Laws Contractor (i) has complied, and shall at all times during the term of this Contract comply, in all respects with all immigration laws, statutes, rules, codes, orders and regulations, including, without limitation, the Immigration Reform and Control Act of 1986, as amended, the Immigration and Nationality Act, as amended, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, and any successor statutes, laws, rules and regulations thereto (collectively, the “Immigration Laws”), (ii) has properly maintained, and shall at all times during the term of this Contract properly maintain, all records required by the Department of Homeland Security (the “DHS”), including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees, and (iii) has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any inspection requests related to such I-9 Forms by DHS or by the Auditor (as defined in Section 19.1(d)(iii)). During the term of this Contract, Contractor shall, and shall cause its directors, officers, managers, agents and employees to, fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the DHS of Contractor or any of its employees. Contractor shall immediately, and in any event within one (1) hour, notify Operator in writing and by in-person voice communication (not voice mail) of any unscheduled inspections, work site enforcement actions, investigations, inquiries, visits or audits conducted by the DHS or any other governmental agency or authority related to environmental, immigration or employee-safety issues of Contractor, its agents, employees, Subcontractors or Sub-subcontractors. Contractor shall maintain photocopies of all supporting employment eligibility and identity documentation for all employees who are hired by Contractor after such date, notwithstanding any prior policy or practice to the contrary. Contractor shall require its Subcontractors and Sub-subcontractors to comply with this requirement for all employees hired by them after they have been awarded work on the Project, notwithstanding any prior policy or practice to the contrary.


Contractor shall comply with the following requirements: (i) Contractor shall implement a verification program through which Contractor shall ensure that all of

the employees of Contractor and all employees of its Subcontractors and Sub-subcontractors working on the Project are in compliance with the Immigration Laws.

As part of such verification program,

(1) Contractor shall review either the original or a photocopy of the Form I-9 and supporting documents of every employee of Contractor and the Form I-9 of every employee of its Subcontractors and Sub-subcontractors working on the Project for compliance. This review shall include a review of copies of employment eligibility and identity documentation maintained either pursuant to this section or otherwise maintained by the respective employer. (2) Contractor shall, based on the review described in the preceding subparagraph, certify to Operator that Contractor, each Subcontractor, and each Sub-subcontractor has verified the employment eligibility and identity of its employees working on the Project pursuant to Form I-9 requirements, has correctly completed the relevant sections of the Form I-9 for such employees (and to the extent that any violations are discovered that are of a nature that, in the Contractor’s reasonable judgment, are eligible for cure, such violations have been corrected to the extent possible), and is in compliance with all applicable Immigration Laws with respect to such employees. Each employee of Contractor and any of its Subcontractors or Sub-subcontractors performing any Work on the Project must be certified by the Contractor in writing in the manner described in this subparagraph within seventy-two (72) hours after such employee has started work on the Project. If the Contractor has not certified an individual within that 72-hour period, Contractor shall remove such individual from the Project and retrieve the Badge provided to the individual in accordance with this Agreement. Any such individual may not resume work on the Project until the individual has been certified by the Contractor in accordance with the provisions of this Section without the benefit of the 72-hour verification period.

(3) Contractor shall retain during the term of the Contract all documentation relating to Contractor’s verification program and shall provide copies thereof to Operator upon Operator’s request.

Section 14.8. Contractor’s Employees. Contractor warrants that it shall comply with all federal, state, and local laws, ordinances, statutes, rules, and regulations governing the employment of its workers, including, but not limited to, the Immigration Laws. Contractor warrants that it shall be responsible exclusively for all compensation, salary, and any other remuneration due to individuals who perform Work under this Agreement and/or the Contract Documents. Operator reserves the right to demand proof of performance with respect to the representations and warranties provided by the Contractor under this Agreement and/or the Contract Documents. Operator shall have the right to refuse or require the Contractor to remove, in its sole discretion, any individual, Subcontractor or Sub-subcontractor whom Contractor proposes to perform, or who is performing, Work under this Agreement and/or the Contract Documents, and Contractor shall include in each of its subcontracts, and shall require each of its Subcontractors and Sub-subcontractors to include in each of their subcontracts, a provision permitting Contractor and its Subcontractors and Sub-subcontractors to terminate their respective subcontracts to the extent necessary as a result of any exercise by Operator of the foregoing right. Contractor warrants that should Operator be named as a


respondent or defendant in any administrative or judicial proceeding based upon an alleged violation of any federal, state or local law, regulation or ordinance arising out of the employment by Contractor or any of its Subcontractors or Sub-subcontractors of individuals performing Work under this Agreement and/or the Contract Documents, Contractor shall indemnify, defend and hold harmless Operator from any and all liability due to the actions of Contractor or any of its Subcontractors or Sub-subcontractors as set forth in Article VIII If Contractor breaches any provision of this Section, Owner may terminate this Contract immediately, in its sole discretion. Section 14.9. Other Warranties and Representations Contractor warrants and represents that all products used in performing the Work for Operator under this Agreement shall comply with all applicable federal, state and local laws and regulations, shall comply with the terms and conditions of this Agreement and/or the Contract Documents. Contractor warrants that there are no actions, suits, or proceedings, pending or threatened against it or any of its third party contractors or subcontractors that will have a material adverse effect on the Contractor’s ability to fulfill its obligations under this Agreement. Contractor further warrants that it will notify Operator immediately if Contractor becomes aware of any action, suit, or proceeding, pending or threatened, which will have a material adverse effect on Contractor’s ability to fulfill the obligations under the Agreement. Contractor warrants that the Work, documentation or other products provided in connection with the Agreement do not and shall not infringe any patent, trademark, copyright, or any other right of any third party. Contractor further warrants that any information disclosed to Operator will not contain any trade secrets of any third party, unless disclosure is permitted by such third party. Operator shall be under no obligation to make an independent investigation to determine whether the foregoing representations are true and correct; and any independent investigation by or for Operator, or its failure to investigate, shall not constitute a defense to the Contractor in any action based upon a breach of any of the previous representations. ARTICLE XV. Compliance with Laws Contractor shall observe and abide by and perform all of its obligations hereunder in accordance with all applicable laws, rules, and regulations of all governmental authorities having jurisdiction, including the federal Occupational Safety and Health Act and all state and federal laws prohibiting and/or related to discrimination by reason of race, sex, or national origin. ARTICLE XVI. Termination, Suspension Section 16.1. Termination 16.1.1 In addition to any right of Operator set forth in the Contract Documents to terminate this Contract and unless otherwise required by applicable law, Operator shall have the right to terminate this Contract immediately in whole or in part upon written notice to Contractor upon the occurrence of any one or more of the following events: (a) if Contractor shall fail to complete within the time specified in the Contract Documents the whole or any portion of the Work (subject to the provisions of Section 4.2 of the Contract), (b) if, in the opinion of Operator, Contractor is not making sufficient progress with the


Work, either because of lack of sufficient material, personnel or for any other reason, as to assure completion of all or any portion thereof within the time specified for completion thereof, (c) if, in the opinion of Operator, Contractor fails to perform the Work in accordance with the Contract Documents, (d) if Operator or any other contractor of Operator shall be unable to proceed with work because of any action or omission of Contractor, any Subcontractor or Sub-subcontractor, or any of their respective employees or agents, (e) if Contractor is granted the opportunity to remedy any defect of material or workmanship furnished by it and Contractor shall fail to do so as set forth in the Contract Documents or, if no time to remedy is so set forth therein, when and as reasonably required by Operator, (f) if Contractor shall violate or breach any provision of this Agreement or the Contract Documents, or (g) if Contractor shall be unable to pay its debts as they mature, shall be insolvent or shall make any assignment for the benefit of creditors or if any bankruptcy petition is filed by, on behalf of or against Contractor. Any references herein to Operator’s right to terminate the Contract shall be deemed to provide Operator with such complete or partial termination right. 16.1.2 In the event of any termination of this Contract by Operator pursuant to Section 16.1.1 or any other provision of the Contract Documents, Operator may, at its option and without further notice to Contractor (unless otherwise required pursuant to applicable law) and in addition to any other rights and remedies that may be available under the Contract Documents, at law or in equity:

16.1.2.1. Either through its own employees or through any contractor of its choice, complete the portion of the Work terminated or remedy such defect of material or workmanship at Contractor’s expense. If Operator, through its own employees or through any such contractor of its choice, completes the Work pursuant to the provisions of this Section, except to the extent otherwise required pursuant to applicable law, it may use or permit any such contractor to use all materials and equipment of Contractor on the site on the date of giving such notice. Contractor shall, within ten (10) days from receipt of an invoice therefor, reimburse Operator for any and all costs incurred in correcting such defects or completing such portion of the Work that was terminated; 16.1.2.2 Take possession of the Project site and, to the maximum extent permitted by applicable law, all materials, equipment, tools and construction equipment and machinery thereon owned by Contractor; and

16.1.2.3 Accept assignment of subcontracts pursuant to Section 16.1.4. 16.1.3 Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Operator. 16.1.4 Additionally, Operator may terminate the Contract in whole or in part for Operator’s convenience and without cause. In the event Operator terminates Contractor for its convenience, Contractor shall (a) cease all operations as directed by Operator, (b) preserve and protect the Work as Operator so advises, and (c) terminate or, upon Operator’s request, assign to Operator and all purchase orders and subcontracts and cease entering into any further subcontracts. In the case of such termination, Contractor shall be entitled to payment for Work executed. 16.1.5 In no event shall Operator be liable for payment of more than the unpaid balance of the Contract Sum payable for work performed by Contractor prior to termination or for any portion of the Contract Sum relating to Work not performed by Contractor.


Section 16.2. Suspension 16.2.1. Owner, with or without cause, and in its sole and absolute discretion, may order Contractor at any time, to stop or suspend the Work upon written notice, signed by Owner or by an agent specifically so empowered by Owner in writing, given to Contractor. The right of Owner to stop or suspend the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other person or entity. 16.2.2. An adjustment shall be made for changes in the Contract Sum and Guaranteed Date of Substantial Completion, provided that Contractor submits to Owner for review and approval reasonably sufficient documentation evidencing costs, directly caused by the suspension, delay or interruption ordered by Owner. However, no adjustment shall be made to the extent (1) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or (2) that an equitable adjustment is made or denied under another provision of this Contract. Section 16.3. The rights and remedies of Operator under this Article shall be non-exclusive and shall be in addition to all other remedies available to such parties at law or in equity. ARTICLE XIX. Governing Law This Agreement shall be governed by the laws of the Commonwealth of Puerto Rico. ARTICLE XX. Certification For Lenders Contractor, if required by Operator, shall furnish such Certification of its Work to the Operator’s lenders as such lenders shall reasonably require. ARTICLE XXI. Safety and Protection of Persons and Property Section 21.1. Protection of Persons and Property. (a) The Contractor shall protect its Work and materials by standard industry methods so that same will not be marred by the Work or workers of other trades during installation and until acceptance of the Work. The Contractor shall also temporarily protect any permanently installed work that may be damaged during installation of Contractor’s Work hereunder. The Operator will not in any manner be answerable or accountable for any loss or damage that shall or may happen to the Work or any part or parts thereof respectively or for any of the materials or other things used and employed in finishing and completing the Work, or for injury to any person or persons, either workers or the public, or for damage to property. (b) The Contractor further agrees that it will, during the performance of the Work, take proper precautions to prevent injury or damages to persons or property, including without limitation providing, erecting and maintaining all reasonable, necessary or required safety devices for its employees and flagmen, erecting proper barricades and other safeguards around its Work, and posting danger signs and other warning devices where warranted by the nature of the existing condition of the Work. In any event, the Contractor shall promptly and properly replace any safety devices provided by others or the Contractor and which are disturbed by the Contractor’s operations or forces hereunder.


(c) The Contractor shall take all necessary steps to protect and secure its Work, materials, tools and equipment from vandalism, theft, and fire damage, and the Operator shall not be responsible for losses or damages to such items. (d) The Contractor shall be responsible for compliance with all federal, state, and local safety, traffic, highway, fire, health, and environmental protection laws, rules, and regulations including, but not limited to, the Construction Safety Act of 1969, The Williams-Steiger Occupational Safety and Health Act of 1970, all as amended from time to time, and all standards, rules, and regulations which have been or shall be promulgated by the parties or agencies which administer the aforesaid laws. The Contractor shall indemnify and hold harmless the Operator from and against any and all costs and expenses incurred including, but not limited to, fines, penalties, attorney’s fees and expenses, work stoppages, and corrective measures that may result from acts of commission or omission by the Contractor, its subcontractors, materialmen, agents, employees, and assigns in failing to comply with the aforesaid laws, rules, and regulations or the other safety requirements set forth herein. The amount of such costs and expenses shall be charged to this Contractor’s account. (e) The Contractor shall be responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the performance of its Work hereunder. The Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury, or loss to: (i) all Contractor’s employees on the Project and all other persons on or near the Building who may be affected by the Contractor’s operations; (ii) all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-site, under the care, custody, or control of the Contractor or any of the Contractor’s subcontractors; (iii) other property at the Airport; and (iv) the works of the Operator or other separate contractors. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel and in accordance with all applicable Legal Requirements. Contractor shall properly remedy all damage or loss to any property referred to herein caused in whole or in part by the Contractor, any of its subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and for which the Contractor is responsible hereunder except damage or loss attributable to the acts or omissions of the Operator, or anyone directly or indirectly employed by it or by anyone for whose acts any of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligation is in addition to the Contractor’s indemnification obligations set forth elsewhere herein. (f) Contractor shall designate a responsible member of the Contractor’s organization at the Building whose duty shall be the prevention of accidents. This person, unless notified otherwise by the Contractor, shall be the Contractor’s most senior foreman at the Airport. ARTICLE XXII. Miscellaneous Section 22.1 This Agreement is assignable only with the written consent of both parties, except that Operator may assign to any of its subsidiaries, affiliates, or other related companies without Contractor’s approval. Section 22.2 This Agreement (together with any exhibits, schedules and/or appendixes) contains all the terms and conditions of the contract between the Parties and supersedes any and all previous discussions, agreements, contracts and understandings, of every kind and nature between the Parties


hereto regarding the Work. Each of the Parties represents and warrants that, in entering into this Agreement it is not relying on any promise, representation, warranty or agreement, oral or written, except those expressly set forth herein. Further, any prior agreement between the Parties, express or implied, is hereby revoked by mutual assent of each Party waiving any claims against the other Party. All recitals, exhibits and/or schedules, appendixes are expressly incorporated and made a part of this Agreement, and shall be taken into account in its interpretation. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. Section 22.3 The terms of this Agreement may not be altered, waived, modified or discharged except by an express agreement in writing signed by duly authorized representatives of each of the Parties and referring specifically to this Agreement. Section 22.4 If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Moreover, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. Provided further, that if a government authority, local or federal, were to legally set higher rates, taxes and/or charges than those mutually agreed to by the parties as per the terms contained herein, then Operator at its sole discretion may terminate this Agreement as such date the higher rates, taxes and/or charges were imposed and Operator will only pay outstanding balance under the Agreement and only to the amount as may have been mutually agreed to by the parties under this Agreement. Section 22.5 Operator and the Contractor mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico. Operator and the Contractor mutually consent and submit to the exclusive jurisdiction of the state courts located in the Commonwealth of Puerto Rico and any action or suit concerning this Agreement or related matters shall only be brought by Operator and the Contractor before State Court of the Commonwealth of Puerto Rico, excluding all other possible forums, specifically the United States District Court for the District of Puerto Rico. Section 22.6 This Agreement may be executed in counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of an electronic format data file (such as a “.pdf”), said signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof. Section 22.7. Operator and Contractor enter into this Contract and the Contract Documents as independent contractors and at arms’ length. Neither Operator nor Contractor has the right, and shall not seek, to exercise any control over the other party, its employees, or its agents. Contractor shall control the methodology for performing the Work to meet Operator’s specifications. Each party shall be solely responsible for hiring, firing, promoting, demoting, rates of pay, benefits, and other terms and conditions in regard to its own employees. Neither Contractor nor any of its employees or agents may


be considered Operator’s agents or employees for any purpose and have no authority to act or purport to act on Operator’s behalf. Neither Contractor nor its employees or agents are entitled to receive any benefits, including, but not limited to, salary, vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health, disability, unemployment, and stock options, that Operator may provide to its employees. Section 22.8. Contractor understands that during the course of its association with Operator, it may acquire or have access to information that is confidential and of great value to Operator. Contractor shall use this information only for the direct and sole benefit of Operator, and will not disclose this information to others without the express written authorization of Operator. All drawings, specifications, samples, prototypes, software, photographs, and products given to Contractor by Operator or produced by Contractor under this Agreement and which incorporate any of Operator’s ideas or technology, shall not be shown, displayed, or transferred by Contractor to any third party. Contractor shall not advertise, publish or otherwise disclose to any third party in any manner whatsoever the fact of nature of its engagement by Operator without first obtaining the express written permission of Operator’s Corporate Communications Department. Contractor agrees and commits to safeguarding the confidential information in the strictest confidentiality and to take all safety precautions reasonably necessary to protect the confidentiality of the confidential information (but in any circumstance the Contractor will use the measures any cautious and reasonable person would use to protect the confidentiality of information and/or documents). The restrictions of Section shall survive termination of this Agreement for any reason whatsoever. Contractor shall not retain any documents, files, records, correspondence, notes, or other papers, including copies, relating to the business of Operator except as its association with Operator shall require and then only with permission of an authorized representative of Operator. And in such cases, Contractor will promptly return them to Operator upon request. . Notwithstanding other provisions of this Section 22.8, the Contractor may disclose the Operator’s information to subcontractors, regulatory authorities, and others as necessary to meet Contractor’s obligations under this Agreement, provided (1) Operator has knowledge and consents such disclosure, and, (2) Contractor takes all reasonable actions to secure confidential treatment of any confidential information by the recipients of it. If Contractor discloses to Operator, prior to or during or after the term of this Agreement, any information, suggestion, idea, or invention owned or controlled by Contractor, Operator shall receive it on a no confidential basis only and shall have no liability to Contractor because of Operator’s disclosure or use of it. ARTICLE XXIII Additional Clauses Section 23.1. Compliance with Laws The Contractor shall, at all times and at its own cost and expense, observe and comply with, in all material respects, all applicable laws and regulations of the Commonwealth of Puerto Rico, all federal laws and regulations, any applicable municipal ordinance, all laws and regulation of the Federal Aviation Administration (“FAA”), and any other applicable law, now existing or later in effect that are applicable to it or the services included in this Agreement, including those laws expressly enumerated in this Article 18, and those that may in any manner apply with respect to the performance of the Contractor’s


obligations under this Agreement, including any administrative or judicial mandate, interpretation, rule, ordinance or code established by any governmental agency in relation to the occupation and/or operation of the facilities under this Agreement. It is expressly acknowledged and agreed that the obligations of the Contractor to comply with the provisions of this Article 18 shall be subject to applicable law, for so long as such law remains in effect and only to the extent required thereunder as the same may be amended from time to time. The contractor shall notify Operator within seven calendar days after receiving notice from a Governmental Authority that the contractor may have violated any of the above. Section 23.2. Non-Discrimination Laws. (a) The Contractor shall comply with all applicable Commonwealth and federal Laws regarding non-discrimination, including: (i) the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. (1981); (ii) the Civil Rights Act of 1991, P.L. 102-166; (iii) Executive Order Number 11246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. § 2000(e) note, as amended by Executive Order Number 11375, 32 Fed. Reg. 14,303 (1967) and by Executive Order Number 12086, 43 Fed. Reg. 46,501 (1978); (iv) the Age Discrimination Act, 42 U.S.C. §§ 6101-6106 (1981); (v) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (1967); (vi) the Rehabilitation Act of 1973, 29 U.S.C. §§ 793-794 (1981); (vii) the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (1990); (viii) Act No. 100 of the Legislative Assembly of Puerto Rico, enacted on June 30, 1959, 29 P.R. Laws Ann. § 146 et seq., as amended; (ix) Act No. 17 of the Legislative Assembly of Puerto Rico, enacted on April 22, 1988, 29 P.R. Laws Ann. § 155 et seq., as amended; and (x) Act No. 69 of the Legislative Assembly of Puerto Rico, enacted on June 6, 1985, 29 P.R. Laws Ann. § 1321 et seq., as amended. (b) Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in this Agreement or from activities provided for under this Agreement on the basis of the disability. The Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of the Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Authority through contracts with outside contractors. The Contractor shall be responsible for and agrees to indemnify and hold harmless Operator from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against Operator as a result of the Contractor’s failure to comply with the provisions of this Section 2(b). Section 23.3. Commonwealth Non-Discrimination/Sexual Harassment Clause Pursuant to Act No. 100 of the Legislative Assembly of Puerto Rico, enacted on June 30, 1959, 29 P.R. Laws Ann. § 146 et seq., as amended (Non-Discrimination Act), Act No. 17 of the Legislative Assembly of Puerto Rico, enacted on April 22, 1988, 29 P.R. Laws Ann. § 155 et seq., as amended (Sexual Harassment Act), and Act No. 69 of the Legislative Assembly of Puerto Rico, enacted on June 6, 1985, 29 P.R. Laws Ann. § 1321 et seq., as amended (Sexual Discrimination Act), the Contractor agrees as follows during the Term: (a) In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under this Agreement or any subcontract, the Contractor, any sub-contractor or any Person acting on behalf of the Contractor or sub-contractor shall not by reason of gender, race, creed,


or color discriminate against any person who is qualified and available to perform the work to which the employment relates. (b) Neither the Contractor nor any subcontractor nor any Person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under this Agreement on account of gender, race, creed, or color. (c) The Contractor and all subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. (d) The Contractor shall not discriminate by reason of gender, race, creed, or color against any contractor or supplier who is qualified to perform the work to which the contract relates. (e) The Contractor shall include the provisions of this Section in every subcontract so that such provisions will be binding upon each contractor. (f) In the event that the Contractor’s default results from a violation of the terms and conditions of this Section, Operator may cancel or terminate this Agreement. Section 23.4. Tax Certificates and Compliance (a)The Contractor for itself and each of its Equity Participants (if the Contractor is a partnership under the New P.R. Revenue Code) represents that as of the Date of this Agreement (i) neither it nor any of its Equity Participants has any outstanding debts for unemployment insurance, temporary disability (workmen’s compensation), chauffeur’s social security with the Department of Labor and Human Resources of the Commonwealth, income taxes with the Department of Treasury of the Commonwealth or real or personal property taxes with the Municipal Revenues Collection Center or (ii) it or its Equity Participants have a payment plan in place with respect to any outstanding debt for the foregoing items and have complied therewith. (b) The Contractor and its equity participants acknowledge and agree that they shall obtain and deliver to Operator- Operator, prior to the execution date of this agreement, the following:

(i) A certification of filing of income tax returns for the past five years, issued by the Internal Revenue Division of the Department of Treasury of the Commonwealth or a certification by the Contractor and each of its Equity Participants (if the Contractor is a partnership under the New P.R. Revenue Code) that as of the Date of this Agreement it does not have and has not had to submit income tax returns and pay taxes in the Commonwealth during the past five years; (ii) A “no taxes debt due” certificate, or payment plan and compliance herewith, issued by the Internal Revenue Division of the Department of Treasury of the Commonwealth; (iii) A certificate of no debt, or payment plan and compliance therewith, with respect to real and personal property taxes issued by the Municipal Revenues Collection Center; and (iv) A certificate of no debt, or payment plan and compliance therewith, for unemployment insurance, temporary disability (workmen’s compensation) and chauffeur’s social security issued by the Department of Labor and Human Resources of the Commonwealth.


(c) The Contractor must require from any sub-contractor, if permitted by Operator, to comply with the dispositions of this Section 18.4. (d) The Contractor shall be responsible for obtaining and requiring from all sub-contractors, if permitted by Operator, said certifications and notify Operator of the Compliance with this Section. This obligation will continue throughout the duration of this Agreement. Section 23.5. Non-Collusion and Acceptance The Contractor attests, subject to the penalties for perjury, that no director, member, officer or employee of the Contractor, directly or indirectly, to the best of the Contractor’s knowledge, entered into or offered to enter into any combination, conspiracy, collusion or agreement to receive or pay any sum of money or other consideration for the execution of this Agreement other than that which is expressly set forth in this Agreement. Section 23.6. Local Goods and Services Article 10 of Act No. 14 of the Legislative Assembly of Puerto Rico, enacted on January 8, 2004, 3 P.R. Laws Ann. § 930 et seq., the Contractor shall use, to the extent available and applicable to the services provided hereunder, and to the extent permitted by applicable Law, goods extracted, produced, assembled, packaged, bottled or distributed in the Commonwealth by businesses operating in the Commonwealth or distributed by agents established in the Commonwealth. Section 23.7. Contractor Integrity (a) The Contractor shall maintain the highest standards of integrity in the performance of this Agreement and shall take no action in violation of Commonwealth or federal laws and regulations. The Contractor certifies that it does not represent particular interests in cases or matters that would imply a conflict of interest or public policy between the Operator and the interests it represents. (b) The Contractor shall not, in connection with this Agreement or any other agreement with Operator, directly, or indirectly, offer, confer or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion or violation of a known legal duty by any director, officer, member or employee of Operator. (c) The Contractor shall not, in connection with this Agreement or any other agreement with Operator, directly or indirectly, offer, give or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any director, officer, member or employee of Operator. (d) The Contractor shall not accept or agree to accept from, or give or agree to give to, any director, officer, member or employee of Operator, any gratuity from any person in connection with this Agreement that is intended by the provider thereof to be a material inducement to enter into this Agreement or any other agreement. (e) The Contractor, upon being informed that any violation of the provisions of this Section 18.7 has occurred or may occur, shall immediately notify Operator in writing. (f) The Contractor, by execution of this Agreement and any request for compensation pursuant hereto,


certifies and represents that it has not violated any of the provisions of this Section 18.7. (g) The Contractor certifies that no public official or employees of the Authority nor a member of their family (whichever applicable), has direct or indirect interest in this Agreement. (h) The Contractor certifies that it does not receive any payment nor compensation for services rendered under appointment to any other agency, organism, public corporation or municipal government of Puerto Rico or related public instrumentality. (i) In the event the Contractor default as a results from a violation of any of the provisions of this Section 18.7, Operator may terminate this Agreement and any other agreement with the Contractor, and debar and suspend the Contractor from doing business with Operator. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those Operator may have under Law, statute, regulation, or otherwise. (j) For purposes of this Section 18.7 only, the words “consent” and “gratuity” shall have the following definitions: (i) “consent” means written permission signed by a duly authorized officer or employee of Operator; provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal or contractual terms, Operator shall be deemed to have consented by virtue of execution of this Agreement; and (j) “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment or contracts of any kind. Section 23.8. Commonwealth Tax Liabilities The Contractor shall inform Operator if, at any time during the Term, it becomes delinquent in the payment of Taxes imposed by any Governmental Authority of the Commonwealth. Section 23.9. Contractor Contracts To the extent permitted by applicable law, the Contractor shall include the provisions of this Article 18 in every subcontractor contract; subcontract and supply contract so that they shall be binding on each subcontractor. Section 23.10. Governmental Contractor Code of Ethics Contractor shall comply with the requirements of the Code of Ethics for Contractor, Suppliers and Solicitors of Economic Incentives from Executive Agencies of the Commonwealth of Puerto Rico pursuant to Act No. 84 of June 18, 2002. Section 23.11 Duty to Inform of Criminal Investigations The Contractor shall inform Operator if, at any time during the Term, it becomes subject to investigation in connection with criminal charges related to acts of corruption, the public treasury, the public trust, a public function, or charges involving public funds or property.


Section 23.13 Invalidity The invalidity or unenforceability, in whole or in part, of any portion or provision of this Agreement will not affect the validity and enforceability of any other portion or provision hereof. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provision. Notwithstanding the provisions of the preceding sentence, should any term or provision of this Agreement be found invalid or unenforceable, the Parties shall immediately renegotiate in good faith such term or provision of this Agreement to effectuate the same intent and to eliminate such invalidity or unenforceability Section 23.14 Notices Any written notice, direction, instruction, request or other communication required or permitted under this Agreement shall be deemed to have been duly given on the date of receipt, and shall be delivered (a) personally to the Party to whom notice is to be given, (b) by email or facsimile (confirmed by telephone) to the Party to whom notice is to be given, (c) by a recognized overnight delivery service, to the Party to whom notice is to be given, or (d) to the Party to whom notice is to be given, by first class registered or certified mail, return receipt requested, postage prepaid, and addressed to the addressee at the address stated opposite its name below, or at the most recent address specified by written notice given to the other Party in the manner provided in this Section. Operator: Attn: Legal Department Aerostar Airport Holdings LLC P.O. Box 38085 San Juan, PR 00937-1085 Contractor: [POSTAL ADDRESS] Section 23.15 No Waiver No waiver of any of the terms and conditions of this Agreement shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. The failure of a Party to insist, in any instance, on the strict performance of any of the terms and conditions hereof shall not be construed as a waiver of such Party’s right in the future to insist on such strict performance. Section 23.16 Practice of Engineering, Architecture and Other Professions in the Commonwealth. To the extent that performance of the Work involves performance of architectural, engineering, land surveying, and landscape architecture services governed by Act No. 173 of the Legislative Assembly of Puerto Rico, enacted on August 12, 1988, 20 P.R. Laws Ann. § 711 et seq., as amended, then (a) the Contractor shall comply (and shall require its subcontractors or agents, if any, to comply) with such Act No. 173 and (b) the Contractor shall monitor compliance by its subcontractors and agents with such Act No. 173.


Section 23.17 Contractor covenants and agrees to comply with all applicable Supplementary Provisions, incorporated herein and attached hereto as Exhibit II. IN WITNESS WHEREOF, the Parties have caused their authorized representatives to execute this Agreement, in ___________, Puerto Rico, on this ____ day of _______, 2018. OPERATOR: CONTRACTOR: Aerostar Airport Holdings, LLC [CONTRACTOR COMPANY NAME] ______________________________ ______________________________ Name: Agustín Arellano-Rodríguez Name: [Authorized signature name] Title: President & C.E.O. Title: [Title]


SECTION VII – NON COLLUSION AFIDAVIT Bidder hereby affirms to Aerostar Airport Holdings, LCC (“Aerostar”) that it has not, in the preparation or submission of its bid, or with regard to any act of performance under the Agreement, entered into any contract, arrangement, conspiracy or other act which is unlawful with regard to any contract with any person or entity for the purchase of equipment, labor or materials, or any subcontract with a contractor or a proposed contractor for the purchase of equipment, labor or materials. Bidder hereby affirms that its bid is not made in the interest of or on behalf of any undisclosed person, entity, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or any other bidder, or to fix any overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against Aerostar Airport Holdings, LLC or anyone interested in the proposed Agreement; that all statements contained in such bid are true; and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection therewith, to any entity, corporation, partnership, company, association, organization, bid depository or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed:

By:

Date: Affidavit Number ____________: Sworn and subscribed before me by ____________________, ___________(single / married), of legal age, in his capacity as ____________ of _________________ (“Bidder”), and resident of __________, ______________, on this ___ day of _________, 2015, in ___________, __________. _______________________________ NOTARY PUBLIC


SECTION VIII – BID BOND KNOW ALL PERSONS BY THESE PRESENTS; That, ________________________________________________ (hereinafter called the “Principal”) as principal, and ________________________________, a corporation organized and existing under the laws of _________________with its principal office in the city of ______________________and duly authorized to do business in Puerto Rico (hereinafter called the “Surety”), as surety, are held and firmly bound unto Aerostar Airport Holdings, LLC (hereinafter called the “Obligee”) in the amount of _____________________________________________ Dollars ($____________________) for the payment whereof the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a contract with the Obligee in accordance with the terms of the proposal, or in the event of the failure of the Principal to enter into the contract, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal, then this obligation is void. Otherwise, it remains in full force and effect. WITNESS our hands this _________day of _______________, 20____.


SECTION IX – STATUORY PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, that _______________________________________ _________________________________________________________________________________ (insert full name and address or legal title of Contractor), a corporation duly organized and existing in good standing in the State/Commonwealth of , and duly authorized to conduct and carry on a business in the Commonwealth of Puerto Rico, as Principal (hereinafter called “Contractor”), and ______________________________________________________________ _____________________________________________________________________________ (insert full name and address or legal title of Surety), a corporation organized and existing under the laws of the State/Commonwealth of ______________________, and duly authorized to conduct and carry on a general surety business in the Commonwealth of Puerto Rico, as Surety (hereinafter called “Surety”), are each held and firmly bound unto the Aerostar Airport Holdings, LLC, as a group, and each member individually, as Obligee (hereinafter called “Owner”), in the amount of ___________________________________________________________ DOLLARS ($________________________), lawful money of the United States of America, for the payment whereof Contractor and Surety bind themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated the day of _____________ day of _______________, 20____, entered into a contract with the AEROSTAR for ____________________ ________________________________, all of said work to be done in strict compliance with the specifications prepared by _____________________________________________ for said work and in strict compliance with the requirements of the contract and all documents included as a part of the contract (hereinafter referred to collectively as the “Contract”), all of which are by reference made a part hereof to the same extent as if fully set out herein. (1) Promptly makes payments to all lienors or claimants supplying labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Contract, including any authorized extensions or modifications thereof, and (2) Pay Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings as applicable, that Owner sustains because of any one or more defaults by Contractor under Paragraph (1) above: then this bond is void; otherwise, it remains in full force and effect. PROVIDED, that the Surety hereby waives notice of any alteration or extension of time made by the Owner, and any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract, or with the changes do not affect surety’s obligation under this bond.


PROVIDED, further, that no suit or action by lienors or claimants shall be instituted hereunder against the Contractor of the Owner unless the lienors or claimants provide proper notice to both. PROVIDED, further, that no action shall be instituted or prosecuted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies, or the date the rental equipment was last on the jobsite available for use. IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the _____________ day of _______________, 20_____.


SECTION X – BUY AMERICAN CERTIFICATION Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (�) or the letter “X”. � Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:

a) Only installing steel and manufactured products produced in the United States, or;

b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;

c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.

2. To faithfully comply with providing US domestic product

3. To furnish US domestic product for any waiver request that the FAA rejects

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

� The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested.

2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal.

3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA.

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.


Required Documentation

Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “item”. The required documentation for a type 3 waiver is:

a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety)

b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.

c) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is:

a) Detailed cost information for total project using US domestic product

b) Detailed cost information for total project using non-domestic product

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.


SECTION XI

Project Name: Apron Area Lighting Upgrade

AIP Number:

Date: June 13, 2018


DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

TABLE OF CONTENTS

TITLES PAGE NO. FOR YOUR INFORMATION ………………………………………………………….. 54

DBE PROGRAM GENERAL INFORMATION ……………………………………… 55

DBE PARTICIPATION GOAL ………………………………………………………… 26

DEFINITIONS …………………………………………………………………………… 56

COUNTING DBE PARTICIPATION ………………………………………………..… 59

DOCUMENTATION TO BE SUBMITTED WITH BID ………………………….…… 63

GOOD FAITH EFFORTS ……………………………………………………………… 65

EVALUATION OF GOOD FAITH EFFORTS ………………………………………… 65

LETTERS OF INTENT (LOI) ………………………………………………………..… 67

POST-AWARD COMPLIANCE ……………………………………………………..… 68

NON-PERFORMANCE SANCTIONS ………………………………………………… 69

DBE PROGRAM FORMS AND ATTACHMENTS …………………………………… 70

SAMPLE LETTERS TO SOLICIT DBE SUBCONTRACTORS ………….… 71

EXPLANATION OF LETTER OF INTENT …………………………………… 72

LETTER OF INTENT FORMS ………………………………………………… 73

REQUIRED DBE COMPLIANCE PLAN SUBMITTALS

COMPLIANCE PLAN INSTRUCTIONS ……………………………………… 74

DBE COMPLIANCE PLAN (SECTIONS I – VI) ……………………….……. 76

LOG OF CONTACTS FOR SOLICITING SUBCONSULTANT PARTICIPATION 83

RED FLAG INDICATORS OF DBE FRAUD ……………………………………….… 84


FOR YOUR INFORMATION Aerostar Airport Holdings LLC becomes an “FAA SPONSOR” in order to maintain eligibility for Federal Aviation Administration (FAA) grant funding. It is therefore necessary to follow the requirements of the United States Department of Transportation, as contained in 49 CFR Part 26. The 49 CFR Part 26 establishes a policy of equal opportunities to participate in the performance of contracts on the Luis Muñoz Marín International Airport. Aerostar and its contractors shall not discriminate based on race, color, nation origin, disability or gender in the award and performance of contracts. For assistance relating to Disadvantage Business Enterprises, please contact:

DBE/ACDBE Liaison Officer Luis Muñoz Marín International Airport

Carolina, Puerto Rico

PO Box 38085 San Juan, PR 00937-1085

Telephone (787) 289-7240 ext. 2806

Fax Number (787) 289-7241


DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

GENERAL INFORMATION

Aerostar Airport Holdings, LLC., (Aerostar), has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. It is Aerostar Policy that no person shall be excluded from Participation, denied benefits of, or otherwise discriminated against in relation with the award and performance of any contract covered by the DBE Program, on the grounds of race, color, sex, or national origin. To that extent, Aerostar is fully committed to provide equal opportunity and affirmative action to disadvantaged business enterprises and small businesses as defined under DOT’s Regulation. Contractors seeking to participate on this project agree to ensure that DBEs have equal opportunity to participate in the performance of contracts and subcontracts. A firm submitting a bid or proposal on this project is asked to make good faith efforts to meet or exceed the goal for DBE participation. To maximize our race-neutral aspirations, Aerostar has incorporated the following activities as a component of its DBE program to assist prime contractors meet their DBE goals:

1. Aerostar encourages contractors to aspire to meet the DBE participation goal for this project. However, it is not Aerostar intent for contractors to have to pay higher price in order to achieve the goal.

2. Contractor are asked to make sincere efforts to allow bidding opportunities and contract participation for DBE firms, but are not required to award any subcontracts to DBE firms where such award would increase considerably the cost of the contracts.

3. Aerostar will begin to promote and educate the small contractors of the benefits of be part of the program.

In order to assure equal opportunity for DBE participation, all bidders must submit the DBE Goal Compliance Plan documents by the deadline of the Request for Proposal. The DBE Goal Compliance Plan instructions should be read and carefully followed. Aerostar will evaluate the bidder’s good faith to meet DBE goals as part of the adjudication of the bid.

The DBE goal is calculated against the allocated funding for the completed project. If a given project includes supplemental agreements and change orders which increase or decrease the dollar amount allocated by Aerostar, the contractor must submit a revised DBE Goal Compliance Plan. These revised DBE Goal Compliance Plan will be submitted to Aerostar DBE Liaison Officer on or before the tenth (10th) day of the month following any execution of a Change Order/s that increase or decreases the contract value.


The DBE participation goal, which applies, to this solicitation is as follows: DBE GOAL 15% The DBE goal is a reflection of the total offer amount of the contract. The DBE participation shall be computed as outlined in Section C.

1. Affiliates: Business concerns are affiliates of each other when either directly or indirectly, (1) one business concern controls or has the power to control the other, or (2) a third party or parties control or has the power to control both. In determining whether business concerns are affiliated, consideration shall be given to all appropriate factors, including common ownership, common management, and contractual relationships. The provisions of 13 CFR Part 124.106 will be used to guide Aerostar whether firms are affiliated.

2. Bidders: Any business enterprise that submits a bid as defined herein. This includes

responses to Request for Qualifications, Invitation for Bids, and Request for Proposal. 3. Broker/Transaction Arranger: A business that is not a manufacturer or regular dealer

that arranges transactions for the delivery of materials and supplies. 4. Commercially Useful Function: A DBE is considered to perform a commercially useful function when it:

a. Engages in meaningful work that provides for a performance of a distinct element of the contract where that distinct element of work is worthy of the dollar amount to be awarded to the DBE; or

b. Carries out its responsibilities by actually performing, managing, and/or supervising the work involved.

5. Contractor: Any person or business enterprise that submits a bid or proposal to provide labor, goods or services to Aerostar by contract for profit; any person who supplies or provides labor, goods or services to Aerostar by contract for profit; any person who is a subcontractor under any such contract.

6. DBE or Disadvantaged Business Enterprise: DBE refers to for profit firms meeting the social and economic disadvantage criteria as defined in 49 CFR Part 26.67 and other applicable federal regulations.


7. Eligible DBE: Shall mean firms that can submit proof to Aerostar of their DBE Certification from the Puerto Rico Unified Certification Program.

8. Good Faith Efforts: Efforts to achieve a DBE goal or other requirements of this part

which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirements.

9. Joint Venture: Shall mean an association of a DBE firm and one or more other firms

to carry out a single, for-profit business enterprise for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks and profits of the joint venture are commensurate with its ownership interest. All joint venture agreements with DBE partners must be submitted to Aerostar for approval to be counted as DBE participation on the project.

10. Letters of Intent (LOI): Signed agreements between the bidder and the eligible DBE

subcontractors in which each expresses their intent to enter into a contract after award of bid for the scope of work and price indicated on Section IV of the DBE Goal Compliance Plan. Letter of Intent is required for all levels of subcontracting.

11. Manufacturer: Is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies.

12. Minority Business Enterprise (certified MBE): A business (including, without being

limited to a sole proprietorship, partnership, corporation, joint venture or any other business or professional entity): (A) Which is at least 51% owned by one or more minority persons, or in the case of a publicly owned business, at least 51% of all classes of the stock of which is owned by one or more minority persons; (B) Whose management, policies, major decisions and daily business operations are independently controlled by one or more such minority persons; (C) Which performs a commercially useful function; and (D) The size of which does not exceed the size limits established by rule.

13. PRHTA: Is an acronym for the Puerto Rico Highway and Transit Authority. 14. Primary Industry classification: Is the most current North American Industry

Classification System (NAICS) designation which best describes the primary business of a firm. The NAICS is described in the North American Industry Classification Manual—United States, which is available on the Internet at the U.S. Census Bureau Web site: http://www.census.gov/eos/www/naics/


15. Regular Dealer: Is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and the sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment.

16. Subcontractor: Any person or business enterprise providing goods, labor or services

to a contractor if such goods, labor or services are procured or used in fulfillment of the contractors obligations arising from a contract with Aerostar. Subcontractor includes every level of subcontracting required to fulfill a contract with Aerostar. For purpose of this chapter, the term subcontractor includes subconsultants. Subconsultants are persons or business enterprises providing professional services to a prime consultant if such professional services are procured or used in fulfillment of the prime consultant’s obligations arising from a contract with Aerostar and includes every level of sub consulting required to fulfill a contract with Aerostar.

17. Woman Business Enterprise (certified WBE): A business including, without being

limited to, a sole proprietorship, corporation, partnership, joint venture, or any other business or professional entity: (A) Which is at least 51% owned by one or more women; or, in the case of a publicly owned business, at least 51% of all classes of the stock of which is owned by one or more such women. Women who are minority persons, but who for the purpose of certification and recertification choose to be treated as only women will be certified as WBEs; (B) Whose management, policies, major decisions and daily business operations are independently controlled by one or more such women; (C) Which performs a commercially useful function; and (D) The size of which does not exceed size limits established by rule.


Aerostar will count DBE participation as follows:

TYPE OF BUSINESS STRUCTURE

PERCENTAGE OF PARTICIPATION COUNTED

Certified DBE Prime Contractor The percentage equal to the value of the work actually performed by the DBE with its own forces.

Joint Venture with DBE Partners The percentage equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces.

Non-DBE Prime Contractor The percentage equal to the value of the work actually performed by the DBE with its own forces.

DBE Manufacturer 100% of expenditures with a DBE Manufacturer

DBE Regular Dealer 60% of the expenditures with a Regular Dealer

DBE Broker/Transaction Arranger Dollar value equivalent to the fees or commissions for providing a bona fide service.

DBE Trucking Services 100% of Expenditures with own trucks and drivers including leases with DBE independent owner operators and DBE trucking companies. Dollar value equivalent to the fees and commissions received from non-DBE leases.

(A) When a DBE participates in a contract, only the value of the work actually performed

by the DBE in the NAICS code previously certified will be counted towards the goal.

1) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward the DBE goal only if the DBEs subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward the DBE goal.

2) The entire amount of that portion of a construction contract that is performed by

the DBEs own forces shall be counted, including the cost of supplies and materials obtained by the DBE for the work of the contract, and supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).

3) The entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the


performance of a contract, toward the DBE goal, provided the fee is reasonable and not excessive as compared with fees customarily allowed for similar services shall be counted.

(B) When a DBE performs as a participant in a joint venture, only the portion of the total

dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals shall be counted.

(C) Only expenditures to a DBE contractor that is performing a commercially useful

function shall be counted. In determining whether a DBE contractor is performing a commercial useful function, the following considerations shall be considered: 1) A DBE performs a commercially useful function when it is responsible for

execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. The determination that a DBE is performing a commercially useful function will be informed by the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and other relevant factors.

2) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation.

3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is not performing a commercially useful function.

4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (C)(3) of this section, the DBE may present evidence to rebut this presumption. Aerostar may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.

(D) In determining whether a DBE trucking company is performing a commercially

useful function, the following criteria shall be considered:


1) The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal.

2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.

3) The DBE receives credit for the total value of the transportation services it

provides on the contract using trucks its owns, insures, and operates using drivers it employs.

4) The DBE may lease trucks from another DBE firm, including an owner-operator

who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract.

5) The DBE may also lease trucks from a non-DBE firm, including from an owner-

operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.

6) The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

7) For purposes of this paragraph (D), a lease must indicate that the DBE has

exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

(E) Expenditures with DBEs for materials or supplies shall be counted toward the DBE

goal as follows:

1) If the materials or supplies are obtained from a DBE manufacturer count, 100 percent of the cost of the materials or supplies toward DBE goals.

2) For purposes of this paragraph (E)(1), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications.


3) If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals.

4) For purposes of this section, a regular dealer is a firm that owns, operates, or

maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.

5) To be a regular dealer, the firm must be an established, regular business that

engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

6) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.

7) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers.

8) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward the DBE goal if the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward the DBE goal, however.

(F) If a firm ceases to be a certified DBE during a contract, the dollar value of work

performed under a contract with that firm after it has ceased to be certified shall not be counted.

(G) In determining achievement of DBE goal, the participation of a DBE subcontractor shall not be counted until the amount being counted toward the goal has been paid to the DBE.


Counting Joint Ventures A DBE joint venture must be certified by Aerostar prior to or on bid opening. Joint Ventures do not have to be fifty-one percent (51%) DBE owned in order to be counted toward the participation goal. A Joint Venture can include partners that do not include any DBE firms and obviously will not count toward the goal. However, a Joint Venture with ownership of DBE partners in any percentage will be counted for that percentage equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces, provided the DBE ownership is real and substantial and the DBEs are performing a commercially useful function. Joint Ventures with DBE Partners The required documentation to be submitted to Aerostar for Joint Ventures with DBE partners shall include:

1. The Joint Venture Agreement for the specific contract including a detailed statement of ownership.

2. Corporate resolutions or other documents authorizing the firms to enter into the

Joint Venture.

3. Proof of current certification status of the individual DBE venture partners.

4. A Description of the work to be performed by all the Joint Venture Partners.

The following documents shall be submitted as part of the Bid:

1. DBE Goal Compliance Plan

The bidder shall submit a DBE Goal Compliance Plan indicating how the Participation goal is to be achieved. If the bidder is unable to achieve the DBE goal, it must submit documented Good Faith Efforts as set forth in Section E.

All bidders including those who are Puerto Rico certified as DBEs or joint ventures and who plan to count themselves to fulfill the DBE requirement shall submit the DBE Goal Compliance Plan prior to the time specified in the solicitation documents. The DBE Goal Compliance Plan consists of Sections I-VI, the Log of Contacts for Soliciting Subcontract Participation, and all appropriate documentation to demonstrate good faith efforts.


By listing Puerto Rico certified DBE firms on the Compliance Plan, the bidder indicates that both firms agree to the price and scope of work. In the event the bidder is awarded the contract, the bidder agrees to contract with these businesses for the scope and price disclosed. Unit price subcontracts are acceptable if appropriate to the type of work being performed. The Compliance Plan shall list all firms that will participate on the contract, including prime contractors, joint ventures, subcontractors of all levels, manufacturers, suppliers, and distributors. Use Section IV for certified DBE subcontractors who will be performing all work themselves. Section V for non-certified subcontractors who will be performing all work themselves. The Compliance Plan should be signed and dated by an authorized representative of the bidder.

If a DBE Compliance Plan is not submitted prior to the deadline specified in the

solicitation documents, the bid will not be accepted for consideration.

Aerostar may request written clarification of items listed on the Compliance Plan, provided that such clarification does not include an opportunity to augment listed DBE participation or good faith efforts. Changes to the Compliance Plan are permitted only after award of the bid and only with prior written approval of the DBE Liaison Officer of Aerostar. The DBE Compliance Plan is to include the names of all firms that are participating in the contract, (including prime contractors, joint ventures, subcontractors, manufactures, suppliers, distributors); the address of each firm, the work for which they will be responsible including the scope (labor only, material only, both), and the agreed price for such work. This form should be signed and dated by the bidder. In addition, all bidders will be required to submit the following information with their bid proposal:

a. The names and addresses of DBE firms that will participate in the contract; b. A description of the work that each DBE will perform; c. The dollar amount of the participation of each DBE firm participating; d. Written documentation of the bidder commitment to use a DBE

subcontractor whose participation it submits to meet a contract goal; e. Written confirmation from the DBE that it is participating in the contract as

provided in the prime contractor's commitment.


In those instances where the Prime Contractor is unable to meet the DBE goal, the bidder is asked to demonstrate and provide documentation supporting “good faith efforts”. The bidder shall demonstrate to the satisfaction of Aerostar, that genuine efforts have been made. In making this determination, Aerostar will consider, at a minimum, the Contractor’s efforts to do the following:

1. Written notices to every DBE on the PRHTA certified vendor list for the Project for those specific scopes of work identified by the Bidder for subcontracting opportunities not less than five (5) business days prior to bid date. Such notices shall include information on the plans, specifications and scope of work, and bidding procedures, including the deadline for submission of quotes. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations;

2. Efforts made to define additional elements of the work proposed to be performed

by DBEs in order to increase the likelihood of achieving the DBE Goal;

3. For those DBEs responding affirmatively in writing to the notice required by paragraph (1) above,

a. Negotiating in good faith with interested DBEs; Reasons why agreements

were not reached, including written explanations for rejection of bids;

b. If additional elements of work have been identified by the bidder as available for subcontracting, the bidder shall contact the DBE Liaison Officer of Aerostar to ascertain the availability of DBE subcontractors in those areas.

4. Seeking the assistance of Aerostar DBE Liaison Officer in contacting DBEs

The good faith effort of a bidder will be evaluated by Aerostar to determine whether the efforts to obtain DBE participation were those that a firm seeking subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable prospect of success; and whether based upon the size, scope and complexity of the subcontract, there were qualified DBE firms available and willing to accept the contract at a competitive price.


The following is a list of types of actions which Aerostar may consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. Criteria used to evaluate “Good Faith Efforts” are as follows:

1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

2. Selecting portions of the work to be performed by DBEs in order to increase the

likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.

3. Providing interested DBEs with adequate information about the plans, specifications,

and requirements of the contract in a timely manner to assist them in responding to a solicitation.

4. Negotiating in good faith with interested DBEs:

(a) It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and/or suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and/or suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work.

(b) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.


5. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor’s efforts to meet the project goal.

6. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or

insurance.

7. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

8. Effectively using the services of available minority/women community organizations;

minority/women contractors' groups; state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

9. In determining whether a bidder has made good faith efforts, Aerostar may take into

account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, Aerostar may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, Aerostar may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts.

10. In cases of dispute over the evaluation of Good Faith Efforts, the decision in

determining whether Good Faith Efforts have been made rests with Aerostar. Aerostar DBE Liaison Officer may determine that the efforts of the Bidder substantially comply with the purpose of this program and such determination is in the best interest of the DBE Program and Aerostar.

The chose bidder is required to submit a signed and notarized Letter of Intent (LOI) from each DBE that is identified in the DBE Compliance Plan. The LOIs must be in the format shown on the sample and must contain all information included in the sample. LOIs are required for all levels of subcontracting. LOIs must be submitted within five (5) business days after receipt of a written notification by Aerostar awarding the bid.


1. Compliance Review All bidders are hereby notified that Aerostar will conduct post-award compliance reviews to ensure that the named DBEs on the original or, as a result of contract modification, amended DBE Compliance Plan, submitted to and accepted by Aerostar, perform the work that was identified on the DBE Compliance Plan. Aerostar will conduct monitoring of post-award compliance with the DBE program regarding use of certified DBE firms listed on the DBE Compliance Plan. The contractor will be required to submit post award reports detailing the utilization of all subcontractors. The reports and other information regarding post award compliance will be discussed with the successful bidder. The Contractor cannot make changes to the DBE Goal Compliance Plan or substitute DBE subcontractors named in the Compliance Plan without the prior written approval of the DBE Liaison Officer of Aerostar. 2. Payment Verification (a) Bidders are advised that the contract resulting from this solicitation includes a

subcontractor payments clause. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fifteen (15) days from the receipt of each payment the Prime Contractor receives from Aerostar. The prime contract agrees further to return retainage payments to each subcontractor within fifteen (15) days after the subcontractor’s work is satisfactorily completed. Any delay or postponements of payment from the above referenced time frame may occur only for good cause following written approval from Aerostar. This clause applies to both DBE and non-DBE subcontractors.

(b) The Contractor and/or any subcontractor whose subcontracts are being counted

toward the Contract’s DBE requirement shall allow Aerostar access to records relating to the Contract, including but not limited to, subcontracts, payroll records, tax information and accounting records, for the purpose of ascertaining whether the DBEs are performing the scheduled subcontract work.

(c) The Prime Contractor shall submit a Subcontractor/Supplier Awards and

Expenditures Report to the Project Manager and/or Contract Administrator and the DBE Liaison Officer no later than the 10th calendar day of each month. The report shall be in the format required by Aerostar and shall include all awards and payments to subcontractors/suppliers for goods and services provided under the resultant contract during the previous month. This report may be used by Aerostar to verify utilization of and payment to DBEs.


3. Change Order Requirements The DBE goal on this project shall also apply to “Change Orders” which require work beyond the scope of trades originally required to accomplish the project. The contractor is asked to make good faith efforts to meet the goal. Change orders, which do not alter the type of trades originally required to accomplish the project, may be undertaken using the subcontractors and suppliers already under the contract. Any change orders affecting the scope of work or value of the contract should be reflected in an amended DBE Compliance Plan, including increases and decreases.

The contractor’s DBE Compliance Plan shall be incorporated into the Contract and shall be considered as part of the Contractor’s overall performance requirements. Consequently, sanctions may be imposed for failure to perform in accordance with the Compliance Plan.


CONTENTS INCLUDE: A. Sample Letter to Potential Subcontractor/Supplier from Prime Contractor B. Explanation of Letter of Intent and Sample Letter of Intent C. Compliance Plan Instructions D. DBE Compliance Plan E. Good Faith Efforts Check List

F. Log of Contacts for Soliciting Subcontract Participation


(For Construction Contracts)

Name of Project

Project/Solicitation Number

Bid Date and Time:

The work on this project includes the following:(Please list work areas that pertain to the subcontractor/supplier's areas of specialty.)

Asbestos Abatement HVAC

Carpentry Insulation

Carpeting Lab and Field Testing Services

Concrete Landscaping

Demolition Services Masonry

Doors and Frames Millwork

Drilling Painting

Drywall Paving and Resurfacing

Electrical Plumbing

Excavation Services Roofing

Fabricated Steel Stone

Flooring Tile

Glazing Services Weather and Waterproofing

Hardware Welding

Heavy Construction Equipment Windows

Other Other

Please contact: at or

All bids MUST be received by:

14

SAMPLE LETTER TO POTENTIAL SUBCONTRACTOR/SUPPLIER FROM PRIME CONTRACTOR

for the following Aerostar Airport Holdings LLC at Luis Muñoz Marín International Airport project. is soliciting Disadvantaged Business Enterprise participation

Contact our office for detailed information on the scopes of work being subcontracted and the relevant termsand conditions of the contract.

Plans are available at Aerostar Planning & Development Office, and the locations indicated in the Invitationfor Bids.

(Telephone) (Fax)(Name)


EXPLANATION OF LETTER OF INTENT (LOI)

BETWEEN PRIME CONTRACTOR & DBE SUCONTRACT/SUPPLIER

(TO BE COMPLETED BY BIDDER AFTER NOTIFICATION OF THEIR STATUS AS THE CHOSEN BIDDER)

The chose bidder is required to submit a signed and notarized Letter of Intent (LOI) from each DBE (of all levels) that is identified on the Compliance Plan. A sample LOI is attached. The LOI must be in this format and must contain all the specified information. LOIs must be summited within five (5) business days after receipt of a written notification by Aerostar awarding the bid. Submit a separate LOI for each DBE subcontractor/supplier. The amount and scope of work indicated on each LOI shall be the actual amount indicated on the DBE Compliance Plan submitted with the bid and approved by Aerostar.

Changes to the Compliance Plan including substitution of DBE subcontractor/supplier are permitted only after award of the bid and only with prior written approval of the DBE Liaison Officer of Aerostar. Request for changes to the Compliance Plan must be submitted on the Request for Change of Compliance Plan Form for all levels of subcontracting. LOI must be submitted for all additions of DBEs to the Compliance Plan prior to the start of work.


DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

LETTER OF INTENT BETWEEN PRIME CONTRACTOR & DBE

SUBCONTRACTOR/SUPPLIER

Name of Prime Contractor: ________________________________________________

Address: ________________________________________________________________

City: ______________________________ State: _______ Zip: ______

Telephone: (___) ________ Fax (___) ________

Proposed contract Amount $_________________

Project Number: _________________________________________________________

Project Name: ___________________________________________________________

Type of Agreement: ______________________________________________________

(Lump Sum/Unit Price/Commodity)

Period of Performance: ___________________________________________________ Name of DBE Subcontractor/Supplier: ______________________________________

Address: ________________________________________________________________

City: ______________________________ State: _______ Zip: ______

Telephone: (___) ________ Fax (___) ________

Proposed contract Amount $_________________

NAICS Code & Detail description of work to be performed by DBE firm:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

___________________________ ________________________ Prime Contractor DBE Subcontractor


COMPLIANCE PLAN INSTRUCTIONS All bidders, whether certified DBEs or non-certified firms, must submit a DBE Compliance Plan prior to the deadline indicated in the solicitation document or no later than 5 P.M. on bid date, if no otherwise stated. Failure to submit a DBE Compliance Plan will render the bid non-responsive. The DBE Compliance Plan consists of Sections I - VI. All sections of the compliance plan must be submitted. If the goals have not been achieved, appropriate documentation to demonstrate good faith efforts must also be submitted. The Log of Contacts for Soliciting Subcontract Participation or similar format may also be submitted as part of your good faith effort documentation. Please complete all portions of the DBE Compliance Plan . Any questions regarding preparation of the compliance plan should be directed to the DBE/ACDBE Liaison Officer at (787) 289-7240 extension 2806. How To Complete the DBE Compliance Plan: 1. Section I Project Identification and Goals

Includes Project Name; Project/Solicitation Number; and DBE goal. This information is preprinted-you do not need to complete this section.

2. Section II Bidder Information

Includes bidder’s information and signature box. Complete and sign this section.

Reserved for Aerostar Only. You do not need to complete this section. 3. Section III Compliance Plan Summary

Summary of DBE participation. Calculate total percentage of participation by type goal set, using base bid.

Fill in all the blanks.

For project participation numbers use an EXACT number. DO NOT USE: Approximate, plus or minus (+ -), up to, to be determined (TBD), < >, or any other qualifying language.

Compliance plans not complying with these requirements shall be rejected as non-responsive to the solicitation.

4. Section IV Disclosure of DBE Participation

Disclosure of DBE participation. List certified DBE subcontractors who will be performing all work themselves. A specific dollar amount and percentage is required.

DO NOT USE: approximate, plus or minus (+ -), up to, to be determined (TBD), < >, or any other qualifying language.


Compliance plans not complying with these requirements shall be rejected as non-responsive to the solicitation.


5. Section V Disclosure of Other Subcontractors/Suppliers

If you will not use any non-certified firms, check the appropriate box.

If you will be subcontracting with non-certified firms, add the requested information for each non-certified firm (including the vendor code). A specific dollar amount and percentage is required.

DO NOT USE: approximate, plus or minus (+ -), up to, to be determined (TBD), < >, or any other qualifying language. F


The scopes of work indicated in Section V will be considered subcontracting opportunities for DBEs. Unless shown that certified DBEs are unavailable or do not possess the requirements in the technical portion of the solicitation to perform the work involved.

The bidder must provide an explanation why DBEs were not used as subcontractors.

Only list the subcontractors who will perform all work themselves. 6. Section VI DBE Compliance Plan Check Sheet

DBE Compliance Plan Check Sheet shall be completed and submitted with the bid. Additional Information:

All DBEs must be certified by the Puerto Rico Port Authority Unified Certification Program or approved as eligible on the day specified in the solicitation document for receipt of bids.

Please type or clearly print all information. Use “none” or “not applicable” (i.e. (N/A) where appropriate. Sign and date the DBE Compliance Plan.

The DBE Compliance Plan and documentation to demonstrate Good faith efforts, if applicable, must be submitted prior to the time specified in the solicitation document. Failure to submit the DBE Compliance Plan will render the bid non-responsive.














SECTION XII – GENERAL CONDITIONS

Table of Contents

PART 1 – GENERAL PROVISIONS ................................................................................ 89

Section 10 Definition of Terms ........................................................................... 89

Section 20 Proposal Requirements and Conditions ........................................... 93

Section 30 Award and Execution of Contract ..................................................... 96

Section 40 Scope of Work .................................................................................. 98

Section 50 Control of Work .............................................................................. 101

Section 60 Control of Materials ........................................................................ 107

Section 70 Legal Regulations and Responsibility to Public ............................. 110

Section 80 Execution and Progress ................................................................. 117

Section 90 Measurement and Payment ........................................................... 123

Section 105 Mobilization .................................................................................. 128


Part 1 – General Provisions

Section 10 Definition of Terms

Whenever 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 interpreted as follows:

10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO.

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

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 Improvement Program (AIP). A grant-in-aid program, administered by the Federal Aviation Administration (FAA).

10-05 Air operations area (AOA). For the purpose of these specifications, 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.

10-06 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; and airport buildings and facilities located in any of these areas, and includes a heliport.

10-07 ASTM International (ASTM). Formerly known as the American Society for Testing and Materials (ASTM).

10-08 Award. The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

10-09 Bidder. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

10-10 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.

10-11 Calendar day. Every day shown on the calendar.

10-12 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 the work affected by such changes. The work, covered by a change order, must be within the scope of the contract.

10-13 Contract. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: Advertisement, Contract Form, Proposal, Performance Bond, Payment Bond, any required insurance certificates, Specifications, Plans, and any addenda issued to bidders.


10-14 Contract item (pay item). A specific unit of work for which a price is provided in the contract.

10-15 Contract time. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.

10-16 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.

10-17 Contractor’s laboratory. The Contractor’s quality control organization in accordance with the Contractor Quality Control Program.

10-18 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.

10-19 Drainage system. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

10-20 Engineer. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering observation of the contract work and acting directly or through an authorized representative.

10-21 Equipment. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-22 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 Engineer to be necessary to complete the work within the intended scope of the contract as previously modified.

10-23 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his or her duly authorized representative.

10-24 Federal specifications. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government.

10-25 Force account. Force account work is planning, engineering, or construction work done by the Sponsor’s employees.

10-26 Inspector. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

10-27 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 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, 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.

10-28 Laboratory. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. Also referred to as “Engineer’s Laboratory” or “quality assurance laboratory.”

10-29 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.

10-30 Major and minor contract items. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.

10-31 Materials. Any substance specified for use in the construction of the contract work.

10-32 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.

10-33 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.

10-34 Passenger Facility Charge (PFC). Per 14 CFR Part 158 and 49 USC § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.”

10-35 Pavement. The combined surface course, base course, and subbase course, if any, considered as a single unit.

10-36 Payment bond. The approved form of security furnished by the Contractor and his or her 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.

10-37 Performance bond. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.

10-38 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.

10-39 Project. The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

10-40 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.

10-41 Proposal guaranty. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his or her proposal is accepted by the Owner.

10-42 Runway. The area on the airport prepared for the landing and takeoff of aircraft.


10-43 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.

10-44 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.

10-45 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; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-46 Subgrade. The soil that forms the pavement foundation.

10-47 Superintendent. The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction.

10-48 Supplemental agreement. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25%, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract.

10-49 Surety. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.

10-50 Taxiway. For the purpose of this document, the term taxiway means 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. 10-51 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.

10-52 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.

END OF SECTION 10


Section 20 Proposal Requirements and Conditions

20-01 Advertisement (Notice to Bidders). A pre-bid meeting is scheduled for the qualified bidder on Wednesday, 06/13/18.

20-02 Qualification of bidders. Each bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such 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 his or her 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.

Each bidder shall submit “evidence of competency” and “evidence of financial responsibility” to the Owner at the time of bid opening.

20-03 Contents of proposal forms. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not.

20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be 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.

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 hereinafter provided in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 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 as to the character, quality, and quantities of work to be performed, materials to be furnished, and as 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 as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Failure of contractor familiarize themselves with project site and characteristics does not justify base for change order nor bid notification

20-07 Preparation of proposal. The bidder shall submit his or her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms 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 for which they propose to do for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.

The bidder shall sign the proposal correctly and in ink. If the proposal is made by an individual, his or her 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 under the laws of which 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 his or her 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 Sponsor’s invitation for bid. It is the Sponsor’s responsibility to decide if the 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 49 CFR § 18.36(b)(8). 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.

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 certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner.


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.

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 or 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.

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 the subsection 20-04 titled ISSUANCE OF PROPOSAL FORMS of this section.

END OF SECTION 20


Section 30 Award and Execution of Contract

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 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 the subsection 20-09 titled IRREGULAR PROPOSALS of Section 20.

b) If the bidder is disqualified for any of the reasons specified in the subsection 20-14 titled DISQUALIFICATION OF BIDDERS of Section 20.

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 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner.

30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 30-07 titled APPROVAL OF CONTRACT of this section.

30-04 Return of proposal guaranty. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 30-01 titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section.

30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor’s performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract.

30-06 Execution of contract. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder.


49 CFR Part 26 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) shall include the following assurance.

The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color , national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s proposal and the terms of the contract.

30-08 Failure to execute contract. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection 30-06 titled EXECUTION OF CONTRACT of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner.

END OF SECTION 30


Section 40 Scope of Work

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

40-02 Alteration of work and quantities. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25% (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25% limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by “Change Orders” issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Should the aggregate amount of altered work exceed the 25% limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion.

Supplemental agreements shall be approved by the FAA and shall include all applicable Federal contract provisions for procurement and contracting required under AIP. Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds.

Supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increase or decrease the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of labor wage determination as was included in the originally awarded contract.

All supplemental agreements shall require consent of the Contrator’s surety and separate performance and payment bonds.

40-03 Omitted items. The Engineer may, in the Owner’s best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.

Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90.

40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or


previously issued change orders or supplemental agreements, the same shall be called “Extra Work.” Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer’s opinion, is necessary for completion of such Extra Work.

When determined by the Engineer to be in the Owner’s best interest, the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10.

Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner.

40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration.

a) It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection 70-15 titled CONTRACTOR’S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70.

b) With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, firerescue equipment, or maintenance vehicles at the airport.

c) When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall be responsible for the repair of any damage caused by the Contractor’s equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified, at no additional cost to Owner.The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways.

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


Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure.

The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract.

Except as provided in the subsection 40-07 titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work.

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

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

b) Remove such material from the site, upon written approval of the Engineer; or

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

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

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

Should the Engineer approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his or her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used or removed from the site.

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

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

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

40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. END OF SECTION 40


Section 50 Control of Work

50-01 Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract.

50-02 Conformity with plans and specifications. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications.

If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his or her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place. In this event, the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer’s determination and recommended contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer’s opinion, needed. Changes in the contract price shall be covered by contract change order or supplemental agreement as applicable.

If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer’s written orders.

For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s execution of the work, when, in the Engineer’s opinion, such compliance is essential to provide an acceptable finished portion of the work.

For the purpose of this subsection, the term “reasonably close conformity” is also intended to provide the Engineer with the authority, after consultation with the FAA, to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity, but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications.

The Engineer will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto.

50-03 Coordination of contract, plans, and specifications. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs);


contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.

From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the Engineer for an interpretation and decision, and such decision shall be final.

50-04 Cooperation of Contractor. The Contractor will be supplied with three copies each of the plans and specifications. The Contractor shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.

The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the Engineer and his or her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his or her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his or her authorized representative.

50-05 Cooperation between contractors. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.

When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed.

Each Contractor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project.

The Contractor shall arrange his or her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

50-06 Authority and duties of inspectors. Inspectors shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract.

Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for a decision.

50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed


inspection.

If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense.

Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor’s expense unless the Owner’s representative failed to inspect after having been given reasonable notice in writing that the work was to be performed.

Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract.

50-7 Removal of unacceptable and unauthorized work. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.

Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection 70-14 titled CONTRACTOR’S RESPONSIBILITY FOR WORK of Section 70.

No removal work made under provision of this subsection shall be done without lines and grades having been established by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as established by the Engineer, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense.

Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs incurred by the Owner from any monies due or to become due the Contractor.

50-08 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his or her hauling equipment and shall correct such damage at his or her own expense.


50-09 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times.

In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations.

All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.

50-10 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in the subsection 50-12 titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists.

Should the Contractor fail to respond to the Engineer’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor.

50-11 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the Engineer may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract.

50-12 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection.

If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.

50-13 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the Engineer in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation.


Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 7 calendar days, submit a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances.

Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations.

50-14 Cost reduction incentive. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding.

On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value engineering proposal.

Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project.

As a minimum, the following information shall be submitted by the Contractor with each proposal:

a) A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each.

b) An itemization of the contract requirements that must be changed if the proposal is adopted.

c) A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes.

d) A statement of the time by which a change order adopting the proposal must be issued.

e) A statement of the effect adoption of the proposal will have on the time for completion of the contract.

f) The contract items of work affected by the proposed changes, including any quantity variation attributable to them.

The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer to consider any cost reduction proposal that may be submitted.

The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor’s cost reduction proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the contract bid prices if, in the Engineer’s


judgment such prices do not represent a fair measure of the value of the work to be performed or deleted.

The Owner may require the Contractor to share in the Owner’s costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the contract.

If the Contractor’s cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the plans and specifications, which are necessary to permit the cost reduction proposal or such part of it as has been accepted and shall include any conditions upon which the Engineer’s approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring because of the proposed change. The change order shall also establish the net saving agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner.

The Contractor’s 50% share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work.

Acceptance of the cost-reduction proposal and performance of the cost reduction work shall not extend the time of completion of the contract unless specifically provided for in the contract change order.

END OF SECTION 50


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

In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.

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

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

Unless otherwise designated, quality assurance tests in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer.

The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor’s representative at his or her request. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the Engineer.

The Contractor shall employ a testing organization to perform all Contractor required Quality Control tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.

60-03 Certification of compliance. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified.


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

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

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

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

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

Should the Contractor propose to furnish an “or equal” material or assembly, the Contractor shall furnish the manufacturer’s certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.

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

60-05 Engineer’s field office. An Engineer’s field office is not required.

60-06 Storage of materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner’s permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property.

60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove within 24 hours any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer.

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

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


All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used.

After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.

END OF SECTION 60


Section 70 Legal Regulations and Responsibility to Public

70-01 Laws to be observed. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his or her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor’s employees.

70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, and give all notices necessary and incidental to the due and lawful execution of the work. Aerostar is tax exempt. Permits will be paid by Aerostar.

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

70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work.

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

Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.

70-05 Federal aid participation. For Airport Improvement Program (AIP) contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner’s request to the FAA. In consideration of the United States Government’s (FAA’s) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the USC and the Rules and Regulations of the FAA that pertain to the work.


As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications.

No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract.

70-06 Sanitary, health, and safety provisions. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his or her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction.

Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his or her health or safety.

70-07 Public convenience and safety. The Contractor shall control his or her operations and those of his or her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.

The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his or her own operations and those of his or her subcontractors and all suppliers in accordance with the subsection 40-05 titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 hereinafter.

70-08 Barricades, warning signs, and hazard markings. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area (AOAs) shall be a maximum of 18 inches (0.5 m) high. Unless otherwise specified, barricades shall be spaced not more than 4 feet (1.2 m) apart. Barricades, warning signs, and markings shall be paid for under subsection 40-05.

For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices.

When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of advisory circular (AC) 150/5340-1, Standards for Airport Markings.

The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and the Contractor’s parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction.

The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2.

The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their removal is directed by the Engineer.


Open-flame type lights shall not be permitted.

70-09 Use of explosives. When the use of explosives is necessary for the execution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives.

All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy.

The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of his or her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury.

The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property.

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

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

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, the Contractor shall restore, at his or her own expense, such property to a condition equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make be fully responsible for correction of defect and all costs incurred by third party.

70-11 Responsibility for damage claims. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his or her contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his or her surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.+

70-12 Third party beneficiary clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the


public or any member thereof, a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract.

70-13 Opening sections of the work to traffic. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his or her expense.

The Contractor shall make his or her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work.

Contractor shall be required to conform to safety standards contained AC 150/5370-2 (see Special Provisions).

Contractor shall refer to the approved Construction Safety Phasing Plan (CSPP) to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic.

70-14 Contractor’s responsibility for work. Until the Engineer’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities.

If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his or her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.

70-15 Contractor’s responsibility for utility service and facilities of others. As provided in the subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities.


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

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

It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 7004 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer.

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

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

The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility.

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

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

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

70-15.1 FAA facilities and cable runs. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the execution of the project work, shall comply with the following:


a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities.

b. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/Technical Operations/System Support Center (SSC) Point-of-Contact through the airport Owner and Airport Operations a minimum of forty five (45) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages.

c. If execution of the project work requires a facility outage, the Contractor shall contact the FAA Point-of-Contact a minimum of 72 hours prior to the time of the required outage.

d. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the Contractor’s equipment or personnel whether by negligence or accident will require the Contractor to repair or replace the damaged cables, access road, or FAA facilities to FAA requirements. The Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located by the FAA.

e. If the project work requires the cutting or splicing of FAA owned cables, the FAA Point-of-Contact shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require approval by the FAA Point-of-Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice.

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

70-17 Personal liability of public officials. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, his or her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner.

70-18 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his or her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his or her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach.

The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.

70-19 Environmental protection. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.


70-20 Archaeological and historical findings. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.

Should the Contractor encounter, during his or her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed.

Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80.

END OF SECTION 70


Section 80 Execution and Progress 80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer.

The Contractor shall provide copies of all subcontracts to the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost.

Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner.

80-02 Notice to proceed. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner and all requested submittals are approved by the Engineer.

80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their progress schedule for the Engineer’s approval within 10 days after the effective date of the notice to proceed. The Contractor’s progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal.

If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer’s request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations.

The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner.

80-04 Limitation of operations. The Contractor shall control his or her operations and the operations of his or her subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport.

When the work requires the Contractor to conduct his or her operations within an AOA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70.

When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified


communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until the satisfactory conditions are provided. The following AOA cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows:

Work areas area expected to be closed without interruption by operating aircraft, however, at times aircraft will be tugged/marshalled or provided with alternate route to permit operation.

Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (see Special Provisions).

80-04.1 Operational safety on airport during construction. All Contractors’ operations shall be conducted in accordance with the project Construction Safety and Phasing Plan (CSPP) and the provisions set forth within the current version of AC 150/5370-2. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP.

The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures.

The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures.

No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer.

80-05 Character of workers, methods, and equipment. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications.

All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.

Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer.

Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the Engineer may suspend the work by written notice until compliance with such orders.

All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use.


When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.

When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection.

80-06 Temporary suspension of the work. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the execution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.

In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer’s order to suspend work to the effective date of the Engineer’s order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer’s order to resume work. The Contractor shall submit with his or her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications.

If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.

80-07 Determination and extension of contract time. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME.

Should the contract time require extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:

a) CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his or her weekly statement of the number of


working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK).

The Engineer shall base his or her weekly statement of contract time charged on the following considerations:

(1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six (6) hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor’s control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time.

(2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed.

(3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed.

(4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50.

(5) The Contractor will be allowed one (1) week in which to file a written protest setting forth his or her objections to the Engineer’s weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor.

The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment.

b) Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non-work days. All calendar days elapsing between the effective dates of the Owner’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded.

At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance.

c) When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially complete.


If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, the Contractor may, at any time prior to the expiration of the contract time as extended, make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the contract time or completion date. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion.

80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his or her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract.

$1,200 per calendar day beyond substantial completion;

The maximum construction time allowed for substantial completion is 240 calendar days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract.

80-09 Default and termination of contract. The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor:

a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or

b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or

c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or

d. Discontinues the execution of the work, or

e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or

f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or

g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or

h. Makes an assignment for the benefit of creditors, or

i. For any other cause whatsoever, fails to carry on the work in an acceptable manner.


Should the Engineer consider the Contractor in default of the contract for any reason above, the Engineer shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract.

If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner.

All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess.

80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense.

When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered.

Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.

Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer.

Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed.

80-11 Work area, storage area and sequence of operations. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in such a manner as to ensure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum or 800 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 800 feet of an active runway at any time. END OF SECTION 80


Section 90 Measurement and Payment

90-01 Measurement of quantities. All work completed under the contract will be measured by the Engineer, or his or her authorized representatives, using United States Customary Units of Measurement or the International System of Units.

The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice.

The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract.

When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.

When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions.

90-02 Scope of payment. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of the subsection 70-18 titled NO WAIVER OF LEGAL RIGHTS of Section 70.

When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications.

90-03 Compensation for altered quantities. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his or her unbalanced allocation of overhead and profit among the contract items, or from any other cause.

90-04 Payment for omitted items. As specified in the subsection 40-03 titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner.


Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer’s order to omit or non-perform such contract item.

Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.

In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer’s order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs.

90-05 Payment for extra work. Extra work, performed in accordance with the subsection 40-04 titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work.

90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.

The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor’s option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 %)of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted.

When at least 95% of the work has been completed, the Engineer shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done.

The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.

It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by


approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question.

No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of this section.

The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.

90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:

a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site.

b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials.

c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid.

d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled.

e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.

It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications.

In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used.

No partial payment will be made for stored or stockpiled living or perishable plant materials.

The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection.

90-08 Payment of withheld funds. At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:


a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner.

b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment.

c. The Contractor shall enter into an escrow agreement satisfactory to the Owner.

d. The Contractor shall obtain the written consent of the surety to such agreement.

90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of the subsection 50-15 titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer’s final estimate or advise the Engineer of the Contractor’s objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor’s receipt of the Engineer’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.

After the Contractor has approved, or approved under protest, the Engineer’s final estimate, and after the Engineer’s receipt of the project closeout documentation required in subsection 90-11 Project Closeout, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

If the Contractor has filed a claim for additional compensation under the provisions of the subsection 5016 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.

90-10 Construction warranty.

a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier.

b. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work.

c. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Owner real or personal property, when that damage is the result of:

(1) The Contractor’s failure to conform to contract requirements; or


(2) Any defect of equipment, material, workmanship, or design furnished by the Contractor.

d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.

e. The Owner will notify the Contractor, in writing, the discovery of any failure, defect, or damage.

f. If the Contractor fails to remedy any failure, defect, or damage within fifteen (15) days following such notice from Owner or an additional period of time as reasonably agreed to by the Parties after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expenses.

g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and

(3) Enforce all warranties for the benefit of the Owner.

h. This warranty shall not limit the Owner’s rights with respect to latent defects, gross mistakes, or fraud.

90-11 Project closeout. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the Engineer approves the Contractor’s final submittal. The Contractor shall:

a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations.

b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors.

c. Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP.

d. Complete all punch list items identified during the Final Inspection.

e. Provide complete release of all claims for labor and material arising out of the Contract.

f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project.

g. When applicable per state requirements, return copies of sales tax completion forms.

h. Manufacturer's certifications for all items incorporated in the work.

i. All required record drawings, as-built drawings or as-constructed drawings. Fence layout as built stamped by Certified Surveyor.

j. Project Operation and Maintenance (O&M) Manual.

k. Security for Construction Warranty.

l. Equipment commissioning documentation submitted, if required. m. Additional documents listed on Special Provisions

END OF SECTION 90


Section 105 Mobilization 105-1 Description. This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items.

105-1.1 Posted notices. Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster “Equal Employment Opportunity is the Law” in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL “Notice to All Employees” Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner.

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The Owner may include additional posted notices as required by local and State law.

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105-2 Basis of measurement and payment. Based upon the contract lump sum price for “Mobilization” refer to Section 5.2 “Payments” in Section VI “Construction Agreement”.

END OF SECTION 105


SECTION XIII – AEROSTAR SPECIAL PROVISIONS

ADDITIONAL SPECIAL PROVISIONS TABLE OF CONTENTS PAGES

SP 1 Time for Completion, Liquated Damages, Warranty, Visit to Site 130

SP 2 Contractor Storage and Staging Area 131

SP 3 Basis of Contract Award 131

SP 4 Airport Safety and Security Requirements 131

SP 5 Contractor Height Restrictions 136

SP 6 Contractor Waste Areas 136

SP 7 Contractor Coordination 136

SP 8 Salvageable Materials 137

SP 9 Submittals- Product Data, Shop Drawings and Samples 137

SP 10 Cleaning Requirements Following Completion of Project Works 138

SP 11 Federal Davis Bacon Wage Rates 138

SP 12 Dust Control and Haul Routes 139

SP 13 Maintenance of Traffic (MOT) 139

SP 14 Protection of Airport, Cables, Controls, NAVAID’s and Weather Bureau Facilities 140

SP 15 Employee Parking 141

SP 16 Vehicle Towing 141

SP 17 Additional Closing Documentation 141 Attachment: Badging Requirements


SPECIAL PROVISION NO. 1 SUBJECT: TIME FOR COMPLETION, LIQUIDATED DAMAGES, WARRANTY, VISIT TO SITE 1. Time for Completion

a. The Contractor maximum construction time allowed for substantial completion is 240 calendar days.

2. Liquidated Damages a. Should the Contractor or, in the case of his default, the Surety fail to complete the Work within

the time stipulated, or within such extra time as may have been granted by Owner, the Contractor or, in the case of his default, the Surety shall pay to Owner not as a penalty but as Liquidated Damages the amount so due as determined below.

b. For each day that any part of the Work remains unfinished after the expiration of the contract

time allowed, the sum per day hereinafter specified shall be deducted from any monies due the Contractor, or if no money is due the Contractor, the Owner shall have the right to recover said sum or sums from the Contractor, from Surety, or from both.

c. Liquidated damages for failure to complete the Work within the specified time for completion

shall be:

$1,200 per calendar day beyond substantial completion

d. No bonus will be allowed for early completion of the Work under the time specified in

Paragraph 1. e. Permitting the Contractor to continue and to finish the Work, or any part of it, after the

expiration of the contract time allowed including extensions of time granted to the Contractor shall, in no way, act as a waiver on the part of the Owner, of the Liquidated Damages due under the contract.

3. Warranty

The Contractor agrees to correct or replace any defective materials or workmanship for a period of one (1) year from date of final acceptance.

4. Examination of Drawings, Specifications and Site of Work

The Bidder is advised, before submitting a proposal, to visit the site of the proposed work and familiarize him/her with the nature and extent of the Work and any local conditions that may in any manner affect the work to be done and equipment, materials and labor required. He is required to examine carefully, the drawings and specifications and contract forms, and to inform himself accurately regarding any and all conditions and requirements contained herein that may in any manner affect the work to be performed. No allowances will be made for conditions overlooked by the Bidder.


SPECIAL PROVISION NO. 2 SUBJECT: CONTRACTOR STORAGE AND STAGING AREA The Contractor shall use the storage and staging area as designated by the Owner for his/her material storage and all Contractor support facilities. No other sites shall be permitted on airport property without written approval from the Engineer. SPECIAL PROVISION NO. 3 SUBJECT: BASIS OF CONTRACT AWARD The work associated with this project has been developed into a base bid schedule. All prospective bidders are advised that the Owner will award this contract in the best interest of Owner, price and other factors considered. The work associated with the base bid will be completed within the same time requirements specified in Special Provision No. 1 TIME FOR COMPLETION, LIQUIDATED DAMAGES, WARRANTY, VISIT TO SITE SPECIAL PROVISION NO. 4 SUBJECT: AIRPORT SAFETY AND SECURITY REQUIREMENTS 1. General

The provisions of this safety and security plan and associated procedures are applicable within the boundaries of the Luis Muňoz Marin International Airport (AIRPORT). A complete understanding of all procedures and requirements contained herein is required to ensure safety and security during construction. This is of paramount importance since the AIRPORT serves a mix of general aviation, air carrier aircraft and military aircraft. This safety plan is a part of this contract and deviations from the requirements established herein will be sufficient cause for contract termination. Required FAA Advisory Circulars (AC) reference material associated with this safety plan includes:

FAA AC 150/5200-18C, Airport Safety Self Inspection FAA AC 150/5210-2O, Ground Vehicle Operations on Airports FAA AC 150/5370-2F, Operational Safety on Airport During Construction FAA AC 150/5370-6D, Construction Progress and Inspection Reports – Airports Grant Program

Copies of each of these documents may be examined on-line at www.faa.gov. The Contractor is responsible for reviewing the FAA AC’s latest editions and in accordance with the construction plans.


2. Badge Requirements

All contractor employees working in the Airfield Operations Area (AOA) must have a badge issued by the Aerostar Security Office. A sample badge application and a Signature Form for ID Badge Requests are included. Formal applications must be obtained and submitted to the Aerostar Security Office at the Airport Terminal Building D. Only signatures of personnel listed on the Signature Form will be accepted to certify their employees. A charge will be required at the time of issuing the badge.

3. Contractor Safety and Security Officer The Contractor shall appoint its onsite Construction Superintendent or other qualified individual(s) as its duly authorized representative to serve as Contractor Safety and Security Officer (CSSO) for the duration of the contract. The CSSO shall thoroughly understand the safety and security requirements of the contract and shall have sufficient authority to implement its provisions without significant deviation. The Contractor shall notify the Engineer in writing of the name of the individual(s) selected for the assignment. The CSSO shall represent the Contractor on the "Construction Safety and Security Committee" and shall be accountable for safety and security requirement compliance. The CSSO shall be especially knowledgeable regarding the requirements of FAA AC's 150/5200-18C (or latest edition) and 150/5370-2F (or latest edition), Airport Self Inspection Guide and Operational Safety on Airports During Construction, respectively. The CSSO shall be thoroughly familiar with all contract requirements relevant to the handling of hazardous materials and all applicable trade practices related to maintain safety and security during construction. The CSSO will also need to be familiar with applicable sections of the TSA-approved Airport Security Program (ASP) at the Airport.

4. Responsibilities of the Contractor Safety and Security Officer Prior to the desired date for commencement of any work on the project, the CSSO shall accomplish the following: a. Develop and submit in writing a detailed work sequence schedule with dates and times

specified for all milestone events. This sequence schedule shall conform, as a minimum, to the events specified in the Technical Specifications applicable to this contract. This schedule shall be subject to the approval of the Engineer. To assure adequate time for coordination, this document shall be submitted at least two (2) weeks prior to the desired date for commencement of any work on the project.

b. Develop and submit in writing a detailed outline of the procedures to be followed to maintain

safety and security of both Contractor operations and the integrity of airport landside and airside operations during the prosecution of contract work. In addition, this plan shall detail the procedures to be followed in the event of an accident or fire involving Contractor personnel and the Contractor's efforts to maintain fire protection and security. These


procedures shall be subject to the approval of the Engineer and reflect any change as may be deemed necessary, from time to time, by the Construction Safety and Security Committee.

c. Conduct at least one meeting of all Contractor supervisory personnel prior to the start of

contract work. The purpose of this meeting is to review the approved work sequence schedule and safety and security procedures. Attendance at this meeting by the CSSO, all Contractor supervisory personnel and the Engineer is mandatory. This meeting shall also be open to other employees of the Contractor and others, as the Engineer may deem appropriate. Minutes of this meeting shall be taken, copies provided to each supervisor and kept on file in the Contractor's construction office for periodic review and updating.

d. Develop a safety and security orientation program and provide a briefing for all employees of

the Contractor that will be used on the project. A similar briefing will be given new employees prior to their use on contract use. In addition, the CSSO shall be responsible for briefing, from time to time, all Contractor personnel on safety and security measures adopted by the Construction Safety and Security Committee.

5. Construction Safety and Security Committee

A "Construction Safety and Security Committee" shall be established concurrent with this construction contract. This committee shall monitor, coordinate, establish and implement new safety and/or security provisions, as may be required on all matters relating to the safety and security of airport landside and airside operations during the prosecution of contract work. Committee members shall provide pertinent advice to the Engineer concerning safety and security matters related to the contract. Meetings will be periodically scheduled and conducted by the Airport Safety and Security Coordinator at a location at the project site. Committee membership will include the Airport Safety and Security Coordinator, the Contractor Safety and Security Officer and/or the Engineer, and authorized representatives of the commercial operator(s) affected by the Contractor's operations. Aerostar shall provide police and fire department specialists, if required, to fulfill Committee responsibilities. These specialists shall be the advisory members of the Committee.


6. Traffic Control

a. Vehicle Identification – The Contractor, through the Contractor Safety and Security Office (CSSO) shall establish and maintain a list of the minimum number of vehicles believed necessary for completing the Work required in each area of construction. This list shall be submitted to the Aerostar Operations for permission to operate each vehicle on the list. To be authorized to operate on the AIRPORT each vehicle shall:

(1) Be marked/flagged for high daytime visibility and lighted for nighttime operations. These

vehicles shall display in full view above the vehicle a 3'x3' or larger orange and white checkerboard flag, each checkerboard color being 12” square, for daytime identification. For nighttime identification each vehicle shall be equipped with a flashing amber (yellow) dome light, mounted on top of the vehicle and have an intensity that conforms to the requirement for maintenance or emergency vehicles. A vehicle appropriately marked and lighted shall escort vehicles that are not marked and lighted.

All marking, lighting, and similar safety and/or security measures, including providing escort vehicles, shall be provided by the Contractor.

(2) Be identified with the name and/or logo of the Contractor and be of sufficient size to be

identified at a distance. Vehicles needing intermittent identification could be marked with tape or commercially available magnetically attached markers. A vehicle that conforms shall escort vehicles that are not appropriately identified to this requirement. Vehicles requiring escort shall be identified on the list specified above.

(3) Be operated in a manner that does not compromise the safety of either landside or airside

airport operations. If, in the opinion of the Owner or Engineer, any vehicle is operated in a manner not fully consistent with these requirements, the Owner or Engineer has the right to restrict operation of the vehicle or prohibit its use on the airport.

b. Access to the Site of Construction

(1) General Construction - the Contractor's access to the airport, employee parking and

marshalling area(s) and route across the airport to the construction sites shall be as designated by the Engineer. No other airport access point or cross-airport route shall be permitted unless approved in advance by the Engineer. Petition must be submitted at least 48 hours in advance. The Contractor shall furnish a guard for any active access gates required for the Work. In addition, the following requirements are applicable:

(a) All Contractor traffic authorized to travel on the airport shall have been briefed as part

of the Contractor's construction safety and security orientation program, be thoroughly familiar with the access procedures and route for travel or be escorted by personnel authorized by the Contractor Safety and Security Officer.

(b) The Contractor shall install work site identification signs at the authorized access

point(s). If in the opinion of the Airport Safety and Security Coordinator directional signs are needed for clarity, they shall be installed along the route authorized for access to each construction site.


(c) Under no circumstance will Contractor personnel be permitted to drive their individually owned vehicles to any construction on the airport. All vehicles must be parked in the area designated for employee parking; the Contractor for those employees that are not otherwise occupying authorized vehicles shall provide transportation to the work site.

(d) There shall be no access to the secure side of the air operations area by any Contractor

employee for any reason unless that employee has an appropriate security clearance or a person with a proper security clearance escorts that employee. Breach of airport security requirements shall mean immediate expulsion from the airport and possible prosecution under applicable Federal law. In addition, the Contractor shall reimburse the Owner the cost of any fine plus 25% for any fine levied by the Transportation Security Administration (TSA) for any breach of any security requirement by an employee of the Contractor. Reimbursement shall be made from money otherwise due the Contractor for completed work.

(e) In addition to the periodic cleanup of the site, the Contractor is responsible for the

immediate cleanup of any debris generated along the construction site access route(s) as a result of construction related traffic or operations, whether or not created by Contractor personnel.

(f) There shall be no travel by foot within an active aircraft operational area. The Contractor

shall arrange transportation for all employees between the designated marshalling area and each construction site, as necessary.

b. Material Suppliers, Subcontractors and Visitors - All material suppliers, subcontractors and

visitors to the work site are obligated to follow the same safety and security operating procedures as the prime contractor. All material suppliers shall make their deliveries using the same access points and routes as the Contractor and shall be advised of the appropriate delivery procedures at the time the materials order is placed. If it is not practical to conform to the vehicle identification and/or safety and security orientation program requirements, the Contractor shall be prepared to escort all suppliers, subcontractors and visitors while they are on the work site or within a secured area.

7. Construction Area Limits

The limits of construction, material storage areas plan site, equipment storage area, parking area and other areas defined for the contractors exclusive use during construction shall be marked by the contractor. The contractor shall erect and maintain around the perimeter of these areas suitable fencing, marking and or warning devices visible for day and night use.

8. Construction Techniques

Construction shall be planned and conducted throughout this project in such a manner as to allow the maintenance of completely safe airport operations. Every effort shall be made to reduce the impact of construction activity on overall airport operations. To this end, the Contractor's activities shall be conducted in such a manner so as to preclude, except where absolutely required, open excavations, trenches, ditches, and above ground obstacles, such as


booms on cranes, or obstacle markers, such as wooden sawhorses. The primary responsibility for assuring that the safest possible construction techniques are followed rests with the Contractor Safety and Security Officer. The Contractor shall strictly adhere to all Federal, Commonwealth, Municipal, and local codes and regulations governing construction safety.

9. Basis of Payment

No separate payment shall be made for airport safety and security measures or personnel or materials related to this item and incidentally required to satisfy the specified objective(s).

SPECIAL PROVISION NO. 5 SUBJECT: CONTRACTOR HEIGHT RESTRICTIONS At no time during the life of the project shall the Contractor exceed a vertical height greater than 20 feet. This include any equipment, materials, workers, etc. If at any time during the project a crane is needed for construction, the Contractor shall contact Aerostar for direction and any permits needed for crane access on the airport property. SPECIAL PROVISION NO. 6 SUBJECT: CONTRACTOR WASTE AREAS 1. At the completion of the construction the Contractor shall remove the surplus excavated material

from the project site and dispose of it off airport property at no additional cost to AEROSTAR. 2. All contractor’s waste areas shall be restricted to designated contractor stockpiles areas outside

the AOA. Stockpile shall not exceed a height of 10 feet. 3. A method to prevent the dispersion of the unclassified excavation material outside the contractor

waste area shall be implemented. SPECIAL PROVISION NO. 7 SUBJECT: CONTRACTOR COORDINATION The Contractor must coordinate his Work with the work of the other contractors on the job site to insure there are no conflicts between separate construction operations. This shall include, but not be limited to, attendance of joint progress meetings between all contractors working within the project limits to interface all proposed tasks and insure that all systems are complete and operable while maintaining safe traffic operations.


SPECIAL PROVISION NO. 8 SUBJECT: SALVAGEABLE MATERIALS Aerostar reserves the right to retain any and/or all salvageable materials or equipment occurring as a result of demolition during the project. The storage site will be located on the airport and it will be the Contractor’s responsibility to relocate the equipment to the storage site. Aerostar representatives will coordinate with the Contractor in order to identify materials or equipment to be collected for salvage. SPECIAL PROVISION NO. 9 SUBJECT: SUBMITTALS- PRODUCT DATA, SHOP DRAWINGS AND SAMPLES 1. Description: Shop drawings, diagrams, illustrations, schedules, performance charts, brochures,

and other data that are prepared by the Contractor or any subcontractor, manufacturer or distributor, and which illustrate some portion of the Work.

2. The Contractor shall review, stamp with his approval and submit to the Engineer one (1) sepia

and four (4) prints of shop drawings, four (4) copies of technical information/submittal books and two (2) sets of samples, where required, as described in this section, with reasonable promptness so as to cause no delay in the Work or in the work of any other contractor.

3. If the Contractor desires to deviate from the requirements of the Contract Documents, the

Contractor shall separately submit all deviations from the requirements of the Contract Documents in shop drawings or samples. The submission shall direct in writing the specific attention of the Engineer to the deviations, and shall contain all required data and supporting documentation necessary for an evaluation of the proposed deviation. Any submission or deviation not identified as heretofore mentioned shall be rejected and require resubmission. Separate written approval of all deviations by the Engineer for all design related deviations for all other deviations is require before the Contractor may perform the work covered by such deviation. By requesting a deviation, the Contractor makes the representations contained in this section.

4. By approving and submitting shop drawings and samples, the Contractor thereby represents that

it has determined and verified all field measurements, field construction criteria, materials, catalog numbers, and similar data and that the Contractor has checked and coordinated each shop drawing and sample with the requirements of the work of the Contract Documents.

5. Unless otherwise stated in the Contract Documents, the Engineer will review and approve shop

drawings and samples within fourteen (14) days after receipt, but only for conformance with the design concept of the project and with the information given in the Contract Documents. This does not relieve the Contractor of his responsibility for providing all materials and labor to complete the Work as specified in the Contract Documents. Engineer’s approval of a separate item shall not indicate approval of an assembly in which the item functions.

6. The Contractor shall make corrections required by the Engineer and shall resubmit the required

number of corrected shop drawings or new samples until approved. The Contractor shall direct


specific attention in writing or on resubmitted shop drawings to revisions other than the corrections requested by the Engineer on previous submissions.

7. Engineer’s approval of shop drawings or samples shall not relieve the Contractor of responsibility

for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Engineer in writing of such deviation at the time of submission and the Engineer has given written approval to the specific deviation. The Engineers’s approval shall not relieve the Contractor from responsibility for errors or omissions in the shop drawings or samples.

8. The submittals will be reviewed for design intent and general compliance with the information

contained in the drawings and specifications. The Contractor is responsible for dimensions, quantities, fabrication processes, methods of construction, and coordination of the Contractor’s work with that of all trades. The Contractor shall be responsible for satisfactory performance of his work and supplying a complete and operational system.

9. No portion of the Work requiring a shop drawing or sample submission shall be commenced until

the Engineer has approved the submission. All such portions of the Work shall be in accordance with approved shop drawings and samples. Any work performed by the Contractor without required approval shall be completed at his own risk. The Owner and Engineer have the right to require that the Contractor remove, demolish, repair or modify any Work performed without prior approval.

10. The Contractor is responsible for any delays in job process accruing directly or indirectly from

late submissions or resubmissions of shop drawings, product data or samples SPECIAL PROVISION NO. 10 SUBJECT: CLEANING REQUIREMENTS FOLLOWING RENOVATION COMPLETION

Upon completion of any renovation work, all trash and debris shall be removed from all areas within and adjacent to the area of work. All horizontal surfaces in the renovation and/or construction areas shall be thoroughly cleaned and cleared of debris. All costs associated with cleaning shall be incidental to this project and included in the bid. The Contractor shall delineate his proposed cleaning method to Aerostar for approval prior to accomplishing this work. SPECIAL PROVISION NO. 11 SUBJECT: FEDERAL DAVIS BACON WAGE RATES The Contractor shall be required to use the Federal Davis Bacon Wage Rates and certified payroll as described elsewhere in the General Conditions. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates.


SPECIAL PROVISION NO. 12 SUBJECT: DUST CONTROL AND HAUL ROADS 1. Dust Control

Contractor shall take all necessary measures to control dust and debris generated by construction activity.

These specifications are provided as outline requirements for the Contractor to apply water, chemicals, vegetation or other materials to prevent the occurrence of dust, which will be objectionable to the operations/users of the area. These shall include, but not be limited to, Aerostar operations and maintenance areas; and aircraft and airfield operations. Contractor shall also be obligated to discontinue operations that violate existing laws and regulations or create an undue hazard to air traffic. All costs for controlling dust or pollutants to the air of any kind shall be incidental to the contract.

2. Haul Roads

Haul roads to be used under this project shall be those specifically designated by the Owner or Engineer. In general, the Contractor shall confine equipment and hauling to the areas under construction. The Contractor shall also be responsible for restoring all airport service roads to their preconstruction conditions where the Contractor uses such roads for hauling operations. The Contractor and the Enginer shall jointly determine the existing conditions as a basis for this restoration requirement. The Contractor shall restore all turfed and paved areas used for haul roads to their original condition, including the establishment of turf. All hauling along or crossing the airport and Municipal roads shall be accomplished in accordance with the FAA/Aerostar standards and shall be coordinated by and accomplished by the Contractor. All costs for hauling, constructing, removing, and restoring of haul roads and all related requirements for the dust controls and hauling relating to the completion of the Work shall be included in the appropriate items of work contained in the proposal. No separate measurement or payment shall be made for any of the above provisions.

SPECIAL PROVISION NO. 13 SUBJECT: MAINTENANCE OF TRAFFIC (MOT) Contractor shall create and submit to Aerostar and the Engineer an Approved MOT (Maintenance of Traffic) 15 days prior to commence the construction. This plan shall depict the project boundaries, access and staging areas, detours, barricades, etc., as needed to describe the proposed MOT to prevent impacts on public roads and operational areas.


SPECIAL PROVISION NO. 14 SUBJECT: PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES

1. The Contractor is hereby informed that there are FAA NAVAID facilities installed on the Airport

including, without limitation, ASR, UHF and VHF and VHF receivers and transmitters; U.S. Weather Bureau facilities; airfield lighting systems; electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS, Weather Bureau and other facilities, and electric and control cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at pre-approved periods of time.

Approval is subject to withdrawal at any time because of changes in the weather, emergency conditions on the airfield areas, anticipation of emergency conditions, and for any other reason determined by the Engineer acting under the orders and instructions of the airport management and the designated FAA representative. Any instruction to the Contractor to clear any given area, at any time, by the Engineer, the Aerostar or the FAA control tower (by radio or other means) shall be immediately executed. Construction work will be commenced in the cleared area only when the Engineer issues additional instructions.

2. Power and control cables leading to and from any FAA NAVAIDS, Weather Bureau and other

facilities will be marked in the field by the local FAA Airway Facilities Sector personnel or the Engineer for the information of the Contractor before starting any work in their general vicinity. Thereafter, through the entire time of this construction, the Contractor shall not allow any construction equipment to cross these cables without first protecting the cable with steel boiler plate or similar structural devices for three (3) feet either side of the marked cable route. All excavation within three (3) feet of existing cables shall be accomplished by hand digging only.

3. At the option of the FAA, the Contractor shall either immediately repair, with identical material by

skilled workmen, and at his own expense, any underground multi-conductor control cables serving FAA NAVAIDS, Weather reporting equipment and other airport facilities which are damaged by its workmen or equipment. The FAA may repair the cable at the expense of the Contractor as verified by time and material expense records provided by FAA.

4. Prior approval from the Engineer and the FAA must be obtained for the materials, workmen, time

of day or night, and method of repairs for any temporary or permanent repairs the Contractor proposes to make to any FAA NAVAID or facility damaged by the Contractor. This also applies to any other airport facilities and/or cables damaged by the Contractor.

5. Should the repair require splicing, it shall be the discretion of the local FAA Airway Facilities

Sector Manager as to who shall perform the work. Where the FAA performs the work, it shall be at the Contractor's expense.

6. No repair or splice work shall be backfilled or covered prior to final operational approval by the

Airway Facilities Sector Manager.


SPECIAL PROVISION NO. 15 SUBJECT: EMPLOYEE PARKING The current monthly parking fee for contract employees can be requested to Lizzy De León at this phone 787-791-4015 or [email protected] SPECIAL PROVISION NO. 16 SUBJECT: VEHICLE TOWING Under no circumstances is the Contractor allowed to tow any vehicle to allow construction access or otherwise under this contract. It is the Contractor’s responsibility to make any arrangements necessary to ensure construction access during each phase of the project. In the event vehicle towing is needed, Contractor shall contact Aerostar for direction. SPECIAL PROVISION NO. 17 SUBJECT : ADDITIONAL PROJECT CLOSEOUT DOCUMENTATION In addition of to the documentation listed on General Provision Section 90-11 the Contractor must provide the following documentation. 1) Final liquidation with “Fondo del Seguro del Estado”

2) Contractor’s under oath declaration indication there are no pending debts regarding materials, labor and/or equipment

3) Evidence of compliance with the Department of Labor (Unemployment Insurance)

4) Letter of payment from the Social Security Administration

5) Compliance letter from Insurance Company to liquidate the project

6) Compliance letter regarding payment of municipal taxes from the Municipality of Carolina, Puerto Rico for the final cost of project







SECTION XIV – FAA TECHNICAL SPECIFICATIONS

Item L-119 Airport Obstruction Lights

DESCRIPTION

119-1.1 This item shall consist of furnishing and installing obstruction lights per these specifications. Included in this item shall be the furnishing and installing of wood poles, steel or iron pipes, or other supports as required in the plans or specifications and in accordance with the requirements in advisory circular (AC) 70/7460-1, Obstruction Marking and Lighting This item shall also include all wire and cable connections, the furnishing and installing of all necessary conduits and fittings, insulators, pole steps, pole cross arms, and the painting of poles and pipes. In addition, it includes the furnishing and installing of all lamps and, if required, the furnishing and installing of insulating transformers, the servicing and testing of the installation and all incidentals necessary to place the lights in operation as completed units to the satisfaction of the Engineer.

EQUIPMENT AND MATERIALS

119-2.1 General.

a. Airport lighting equipment and materials covered by specifications shall be certified and listed under AC 150/5345-53, Airport Lighting Equipment Certification Program.

b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification when requested by the Engineer.

c. Manufacturer’s certifications shall not relieve the Contractor of the responsibility to provide materials per these specifications. Materials supplied and/or installed that do not comply with these specifications shall be removed (when directed by the Engineer) and replaced with materials that comply with these specifications at the Contractor’s cost.

d. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify products or models applicable to this project. Indicate all optional equipment and delete any non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment to which they apply on each submittal sheet. Markings shall be made bold and clear with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in the project that accrue directly or indirectly from late submissions or resubmissions of submittals.

e. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the plans and specifications. [ The Contractor’s submittals shall be neatly bound in a properly sized 3-ring binder, tabbed by specification section. ] The Engineer reserves the right


to reject any and all equipment, materials or procedures that do not meet the system design and the standards and codes, specified in this document.

f. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for at least [ twelve (12) months ] from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner.

************************************************************************************

The Engineer should specify the form in which submittals are to be received and number of copies.

The length of time for guarantee of materials and workmanship should be as stated in the contract h the Owner and Contractor and the contract special provisions.

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119-2.2 Obstruction lights. The obstruction lighting assembly shall be Type [ ] meeting the requirements of AC 150/5345-43, Specification for Obstruction Lighting Equipment."

119-2.3 Isolation transformers. Where required for series circuits, the isolation transformers shall conform to the requirements of AC 150/5345-47, Specification for Series to Series Isolation Transformers for Airport Lighting Systems.

119-2.4 Transformer housing. Transformer housings, if specified, shall be per AC 150/5345-42, Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories.

119-2.5 Conduit. Steel conduit and fittings shall be per Underwriters Laboratories Standards 6, 514B, and 1242.

119-2.6 Plastic conduit (for use below grade only). Plastic conduit and fittings shall be per:

UL 514B covers W-C-1094 - Conduit fittings all types, classes 1 through 3 and 6 through 10

UL 514C covers W-C-1094 - all types, class 5 junction box and cover in plastic (PVC)

UL 651 covers W-C-1094 - Rigid PVC Conduit, types I and II, class 4

UL 651A covers W-C-1094 - Rigid PVC Conduit and high density polyethylene (HDPE) Conduit type III and class 4

and must be one of the following, as shown on the plans:

a. Type I–Schedule 40 PVC suitable for underground use either direct-buried or encased in concrete.

b. Type II–Schedule 40 PVC suitable for either above ground or underground use.

119-2.7 Electrical wire and cable. For ratings up to 600 volts, moisture and heat resistant thermoplastic wire conforming to Commercial Item Description A-A-59544A, Type THWN-2, shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. Overhead line wire from pole to pole, where specified, shall be per American National Standards Institute/Insulated Cable Engineers Association (ANSI/ICEA) S-70-547-2007. 119-2.8 Miscellaneous. Paint, poles, pole steps, insulators, and all other miscellaneous materials necessary for the completion of this item shall be new and first-grade commercial products. These


products shall be as specified in the plans or specifications.

CONSTRUCTION METHODS

119-3.1 Placing the obstruction lights. The Contractor shall furnish and install single-or double-obstruction lights as specified in the proposal and shown in the plans. The obstruction lights shall be mounted on poles, buildings, or towers at approximately the location shown in the plans. The exact location shall be as directed by the Engineer AC 70/7460-1, Obstruction Marking and Lighting. 119-3.2 Installation on poles. Where obstruction lights are to be mounted on poles, each obstruction light shall be installed with its hub at least as high as the top of the pole. All wiring shall be run in not less than one inch (25 mm) galvanized rigid steel conduit. If specified, pole steps shall be furnished and installed, the lowest step being 5 feet (1.5 m) above ground level. Steps shall be installed alternately on diametrically opposite sides of the pole to give a rise of 18 inches (0.5 m) for each step. Conduit shall be fastened to the pole with galvanized steel pipe straps and shall be secured by galvanized lag screws. Poles shall be painted as shown in the plans and specifications. When obstruction lights are installed on existing telephone or power poles, a large fiber insulating sleeve of adequate diameter and not less than 4 feet (1.2 m) long, shall be installed to extend 6 inches (150 mm) above the conductors on the upper cross arm. In addition, the sleeve shall be at least 18 inches (0.5 m) below the conductors on the lower cross arm. The details of this installation shall be per the plans. 119-3.3 Installation on beacon tower. Where obstruction lights are installed on a beacon tower, two obstruction lights shall be mounted on top of the beacon tower using one inch (25 mm) conduit. The conduit shall screw directly into the obstruction light fixtures and shall support them at a height of not less than 4 inches (100 mm) above the top of the rotating beacon. If obstruction lights are specified at lower levels, the Contractor shall install not less than one inch (25 mm) galvanized rigid steel conduit with standard conduit fittings for mounting the fixtures. The fixtures shall be mounted in an upright position in all cases. The conduit shall be fastened to the tower members with Wraplock® straps (or equivalent), clamps, or approved fasteners spaced approximately 5 feet (1.5 m) apart. Three coats of international orange paint per Federal Specification 595, Number 12197 shall be applied (one prime, one body, and one finish coat) to all exposed material installed. 119 3.4 Installation on buildings, towers, smokestacks, etc. Where obstruction lights are to be installed on buildings or similar structures, the installation shall be made per the details shown in the plans. The hub of the obstruction light shall be not less than one foot (30 cm) above the highest point of the obstruction except in the case of smokestacks where the uppermost units shall be mounted not less than 5 feet (1.5 m), nor more than 10 feet (3 m) below the top of the stack. Conduit supporting the obstruction light units shall be fastened to wooden structures with galvanized steel pipe straps and shall be secured by 1-1/2 inch (38 mm) No. 10 galvanized wood screws. Conduit shall be fastened to masonry structures by the use of expansion shields, screw anchors, or toggle bolts using No. 10, or larger, galvanized wood or machine screws. Conduit fastened to structural steel shall have the straps held with not less than No. 10 roundhead machine screws in drilled and tapped holes. Fastenings shall be approximately 5 feet (1.5 m) apart. Three coats of paint shall be applied (one prime, one body, and one finish coat) with color per Federal Specification 595, international orange, number 12197 paint to all exposed material installed. 119-3.5 Series isolation transformers. If it is designed for use in a series lighting circuit, the L-810 series obstruction light does not include a film cutout. Therefore, an isolation transformer is required with each series lamp. Double series units of this type require two isolation transformers. The transformer shall be housed in a light base per paragraph 119-2.4 or buried directly in the earth per the details shown in the plans.


119-3.6 Wiring. The Contractor shall furnish all necessary labor and materials. The Contractor shall make complete electrical connections from the underground cable or other source of power per the wiring diagram furnished with the project plans. If underground cable is required for the power feed and if duct is required under paved areas, the cable and duct shall be installed per and paid for as described in Item L-108, Underground Power Cable for Airports, and Item L-110, Airport Underground Electrical Duct Banks and Conduit. 119-3.7 Lamps. The Contractor shall furnish and install in each unit one or two lamps that are per the manufacturer’s requirements. Provide two lamp sets as spares. 119-3.8 Tests. The installation shall be fully tested by continuous operation for not less than 1/2 hour as a completed unit prior to acceptance. These tests shall include the functioning of each control not less than 10 times.

METHOD OF MEASUREMENT

119-4.1 The quantity of lights to be paid for under this item shall be the number of single- or double-type obstruction lights installed and accepted as completed units, in place, ready for operation.

BASIS OF PAYMENT

119-5.1 Payment will be made at the contract unit price for each completed obstruction light installed, in place by the Contractor, and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under:

Item L-119-5.1 Airport Obstruction Light, in Place - per each

MATERIAL REQUIREMENTS

AC 70/7460-1 Obstruction Marking and Lighting

AC 150/5340-30 Design and Installation Details for Airport Visual Aids

AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits

AC 150/5345-42 Specification for Airport Light Bases, Transformer Housing, Junction Boxes, and Accessories

AC 150/5345-43 Specification for Obstruction Lighting Equipment

AC 150/5345-47 Specification for Series to Series Isolation Transformers for Airport Lighting Systems

AC 150/5345-53 Airport Lighting Equipment Certification Program

ANSI/ICEA S-70-547-2007 Standards for Weather-Resistant Polyolefin Covered Connectors


Commercial Item Description A-A-59544A Cable and Wire, Electrical (Power, Fixed Installation)

FED STD 595 Colors used in Government Procurement

NFPA-70 National Electrical Code (NEC)

Underwriters Laboratories Standard 6 Electrical Rigid Metal Conduit – Steel

Underwriters Laboratories Standard 514B Conduit, Tubing, and Cable Fittings

Underwriters Laboratories Standard 514C Nonmetallic Outlet Boxes, Flush-Device Boxes, and Covers

Underwriters Laboratories Standard 651 Schedule 40, 80, Type EB and A Rigid PVC Conduit and Fittings

Underwriters Laboratories Standard 651A Type EB and A Rigid PVC Conduit and HDPE Conduit

Underwriters Laboratories Standard 1242 Electrical Intermediate Metal Conduit - Steel

END OF ITEM L-119


SECTION XV – NON FAA TECHNICAL SPECIFICATIONS I. SCOPE OF WORK

The Contractor shall supply and install a new LED apron lighting system replacing the existing high pressure sodium (HPS) lighting system. Installation method will vary depending on type of lighting pole and structural requirements for type of pole base. Lighting, poles and pole base will be demolished and installed as per construction drawings, attached to this section. A unitary cost shall be provided by the Contractor for each piece of equipment included in the inventory. Contractor shall employ its best means, methods, techniques and practices to perform the required high quality work on schedule. Contractor shall also be responsible to provide and deliver on-site its own equipment and materials to complete the works. Utilities required for works shall be limited to existing conditions; additional connections and/or facilities shall not be provided by Aerostar. Contractor shall field verify existing conditions of areas, utilities and equipment. a. Design Parameters for Apron Lighting

i. Standard: IES RP-37-15

ii. Minimum Maintained Illuminance at Ground Level (Avg.):

- 2.0 fc for Loading/Unloading Areas

iii. Minimum Maintained Illuminance at Ground Level (Avg.):

- 0.5 fc for Parking Areas

iv. Uniformity Ratio at Ground Level (Avg. to Minimum)

- 4:1 at distance of 200 feet

v. Minimum Mounting Height of Luminaire to Minimize Glare to the Pilot:

- 2 times the pilot’s eye position height for the largest design aircraft

- The height of poles and floodlights was determined to comply with:

The air traffic controllers need to see approaching aircraft and aircraft performing ground operations within the "aircraft movement area" without glare or direct or indirect light trespass.

Pilots need the ability to detect runway lighting without glare or direct or indirect light trespass.

II. TECHNICAL SPECIFICATIONS Refer to Construction Drawings in the Exhibits Section.


a. Flood Light1, 2, 3

i. Type: LED

ii. System Watts: 598 W

iii. Color Temperature: 4000 K

iv. Distribution: Medium Flood

v. Voltage: Driver to operate on any line voltage from 120 – 277 V

vi. Mounting: Upper/bottom visor

vii. Finish: Dark Bronze

viii. Design Rating: 145 mph minimum (3 second gust)

ix. Brackets:

- Galvanized bullhorn type to support scenario with three (3) floodlights at top of pole

- Galvanized bullhorn type to support scenario with two (2) floodlights at top of pole and arm bracket to support two (2) floodlights attached to pole below top ones

- Galvanized bullhorn type to support scenario with three (3) floodlights at top of pole and arm bracket to support two (2) floodlights attached to pole below top ones

b. Poles1, 2, 3

i. Type:

- Hot Dipped Galvanized Steel – Round Tempered

- Slip-On Type – Welded Sections Not Permitted

ii. Finish: Dark Bronze – Painted in Manufacturer’s Facilities

iii. Design Rating: 145 mph minimum (3 second gust)

iv. Provide handhole, caps, covers, ground lug and anchor bolts

v. Obstruction lights voltage: 120 V

vi. Lift vehicle must reach 80 ft.

vii. Base Details: refer to structural drawings in the Exhibit Section

c. Electrical1

i. Existing branch circuit shall be spliced with new one inside junction box

ii. Connect circuit thru existing circuit lighting control system.

iii. Provide 20 A – 1P – 277 V circuit breaker at nearest existing panelboard. Assume 20 ft. maximum for homerun distance.


d. Security Camera

i. Security cameras installed in the poles to be demolished should be removed and installed in new poles by supplier operating the system for the IT department.

ii. Contractor shall contact supplier company and include work related to the uninstalling and installation of equipment and electrical components of security camera system as part of their proposal.

iii. Security Camera System that will be part of the scope of work of this project:

- Terminal B: Two (2) security cameras

- Terminal C: Eight (8) security cameras

- Terminal D: Thirteen (13) security cameras

iv. Supplier:

Company Name – UPM Group

Contact Person – Alberto Rubio

Email – [email protected]

Contact info – 787-643-3979

e. Roof Sealing

i. Roof sealing will be impacted during the demolition and installation of poles.

ii. Contractor shall contact Supplier Company and include work related to the resealing of concourse roofs as part of their proposal.

iii. Roof sealing that will be affected:

- Concourse Terminal B

- Concourse Terminal D

v. Supplier:

Company Name – Tremco Roofing

Contact Person – Eng. Fransisco Mirandes

Contact info – 787-306-8711

f. Demolition

i. Demolished poles to be kept at Airport storage location.

ii. Demolished luminaire and transformer (as applicable) shall be properly recycled by contractor to comply with all environmental requirements.

Notes 1Buy American – as per Title 49 USC § 50101, all steel and manufactured goods used on AIP projects must be produced in the United States. Refer to Section X for Buy American Certificate.

2Contractor can provide any equipment, as detailed in construction drawing E200 “Lighting Schedules and Details”, that meet with specification requirements.

3Lift vehicle must reach 80 ft.


SECTION XVI – SUPPLEMENTARY PROVISIONS

Refer to document in the Exhibits Section.


SECTION XVII – CONSTRUCTION SAFETY AND PHASING PLAN

Refer to document in the Exhibits Section.


SECTION XVIII – EXHIBITS - Supplementary Provisions

- Construction Safety and Phasing Plan

- Construction Drawings

Supplementary Provisions for Airport Improvement Program Projects

The term Aerostar, Owner, Sponsor, or Operator all refer to Aerostar Airport Holdings, LLC.

The term Contractor, Offeror, or Bidder all refer to the contractor executing these Supplementary Provisions.

Contractor must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services. Contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider.

ACCESS TO RECORDS AND REPORTS

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

AFFIRMATIVA ACTION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade:

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Carolina, Puerto Rico.

BREACH OF CONTRACT TERMS

Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

BUY AMERICAN PREFERENCE

The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

GENERAL CIVIL RIGHTS PROVISIONS

The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;

The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

CLEAN AIR AND WATER POLLUTION CONTROL

Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime

contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

COPELAND “ANTI-KICKBACK” ACT

Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-

1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding.

The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a

party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete;

(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;

(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary

employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.

(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.

CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT

Contractor certifies that neither it nor its principals are presently debarred or suspended by any Federal

department or agency from participation in this transaction.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT

The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding

Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

DISADVANTAGED BUSINESS ENTERPRISES

Contract Assurance (§ 26.13)

The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:

1) Withholding monthly progress payments;

2) Assessing sanctions;

3) Liquidated damages; and/or

4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from Aerostar. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Aerostar. This clause applies to both DBE and non-DBE subcontractors.

TEXTING WHEN DRIVING

In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety

policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.

ENERGY CONSERVATION REQUIREMENTS

Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).

EQUAL OPPORTUNITY CLAUSE

During the performance of this contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS

1. As used in these specifications:

a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;

b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority;

c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;

d. “Minority” includes:

(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);

(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the

provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.

c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other

training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)

This Agreement incorporates by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

CERTIFICATION REGARDING LOBBYING

The Contractor certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

PROHIBITION OF SEGREGATED FACILITIES

(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract.

(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

This Agreement and all subcontracts incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

PROCUREMENT OF RECOVERED MATERIALS

Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:

The contract requires procurement of $10,000 or more of a designated item during the fiscal

year; or

The contractor has procured $10,000 or more of a designated item using Federal funding during

the previous fiscal year.

The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:

a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;

b) Fails to meet reasonable contract performance requirements; or

c) Is only available at an unreasonable price.

RIGHTS TO INVENTIONS

Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.

SEISMIC SAFETY

The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS

Contractor must complete the following two certification statements. Contractor must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. Contractor agrees that it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

Contractor represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Contractor represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note

If a contractor responds in the affirmative to either of the above representations, the contractor is ineligible to perform Work.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

TERMINATION FOR CONVENIENCE

The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of

Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:

1. Contractor must immediately discontinue work as specified in the written notice.

2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.

3. Discontinue orders for materials and services except as directed by the written notice.

4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.

5. Complete performance of the work not terminated by the notice.

6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.

Owner agrees to pay Contractor for:

completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;

documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;

reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and

reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.

Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.

The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.

TERMINATION FOR DEFAULT (CONSTRUCTION)

Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. Said provisions are incorporated herein and hereby made a part of this Agreement.

TRADE RESTRICTION CERTIFICATION

The Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

VETERAN’S PREFERENCE

In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by

15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

AGREED BY:

____________________________________

Contractor

BY: ________________________________

Signature

____________________________________

Title

____________________________________

Date

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CONSTRUCTION SAFETY AND PHASING PLAN (CSPP)

APRON AREA LIGHTING UPGRADE

Prepared By:

Aerostar Airport Holdings, LLC

June 2018

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TABLE OF CONTENT

CHAPTER/ SECTION

DESCRIPTION PAGE

Chapter 1 Introduction 3

Chapter 2 Construction Safety and Phasing Plan 5

Section 1 Basic Considerations 5

201 Overview 5

Section 2 Plan Requirements 5

202 Coordination 5

203 Phasing 9

204 Areas and Operations Affected by Construction Activity 10

205 Navigation Aid (NAVAID) Protection 12

206 Contractor Access 12

207 Wildlife Management 16

208 Foreign Object Debris (FOD) Management 17

209 Hazardous Materials (HAZMAT) management 18

210 Notification of Construction Activities 18

211 Inspection Requirements 21

212 Underground Utilities 21

213 Penalties 22

214 Special Conditions 22

215 Runway and Taxiway Aids 22

216 Marking and Signs for Access Route 22

217 Hazard Marking, Lighting and Signing 23

218 Protection of Runway and Taxiway Safety Areas 24

219 Other Limitations on Construction 25

Section 3 Preparation of a Safety Plan Compliance Document By Contractor 26

301 Overview 26

302 Contract Responsibilities 27

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CHAPTER 1: INTRODUCTION SECTION 1. LUIS MUÑOZ MARÍN INTERNATIONAL AIRPORT 101. GENERAL. THE AIRPORT IS OWNED BY THE PUERTO RICO PORTS AUTHORITY BUT MANAGED

BY AEROSTAR AIRPORT HOLDINGS (AEROSTAR), A PUBLIC-PRIVATE PARTNERSHIP WHICH

WAS AWARDED A LEASE, UNDER FAA FEB 2013 PRIVATIZATION PROCESS, BY THE

GOVERNMENT OF PUERTO RICO TO OPERATE AND MANAGE THE AIRPORT FOR 40 YEARS. SJU

IS THE SECOND INTERNATIONAL AIRPORT TO BE PRIVATIZED IN THE UNITED STATES AND ITS

TERRITORIES, AND THE ONLY CURRENTLY PRIVATIZED AIRPORT IN THE NATION. THE AIRPORT

SERVES AS A GATEWAY TO THE CARIBBEAN ISLANDS AND SEES ABOUT 8.5 MILLION

PASSENGERS EACH YEAR. THE AIRPORT IS THE PRIMARY COMMERCIAL SERVICE AIRPORT FOR

PUERTO RICO. THE TWO MAJOR RUNWAYS AT SJU AND THEIR LENGTHS/WIDTHS ARE

RUNWAY 8-26 (10,400 FEET X 200 FEET), AND RUNWAY 10-28 (8,016 FEET X 150 FEET).

SJU’S AIRPORT REFERENCE POINT (ARP) IS LOCATED AT LATITUDE 18°26’22”N, LONGITUDE 66°00’08”W. THE AIRPORT’S OFFICIAL ELEVATION, WHICH IS DEFINED AS THE

HIGHEST POINT ON THE AIRPORT’S USABLE RUNWAY, IS 9.4 FEET ABOVE MEAN SEA LEVEL. FIGURE 1 CONTAINS THE FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT DIAGRAM

WHICH SHOWS ALL MAJOR FACILITIES LOCATED WITHIN THE AIR OPERATIONS AREA (AOA)

AT SJU. 102. PROJECT CONSTRUCTION SCOPE OF WORK. THE APRON AREA LIGHTING UPGRADE PROJECT

INCLUDES THE FOLLOWING ELEMENTS OF WORK:

• DEMOLITION AND INSTALLATION OF APRON LIGHTING AND POLES • STRUCTURAL UPGRADE OF POLE BASES

THE AREA OF WORK IS OUTLINED ON THE PHASING PLAN OF THIS PROJECT IS ATTACHED AT

THE END OF THIS CHAPTER AS DRAWING PH-1.0. THE DETAILED SCOPE OF WORK FOR THE

CONSTRUCTION COMPONENTS OF THIS PROJECT IS SHOWN IN THE CONSTRUCTION

DRAWINGS.

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CHAPTER 2: CONSTRUCTION SAFETY AND PHASING PLAN SECTION 1. BASIC CONSIDERATIONS

201. OVERVIEW . AVIATION SAFETY IS THE PRIMARY CONSIDERATION AT AIRPORTS, ESPECIALLY

DURING CONSTRUCTION. A CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) MUST BE

DEVELOPED FOR EACH AIRFIELD CONSTRUCTION PROJECT FUNDED BY THE AIRPORT

IMPROVEMENT PROGRAM (AIP) OR THE PASSENGER FACILITY CHARGE (PFC) PROGRAM

WHEN LOCATED ON A PART 139 AIRPORT, SUCH AS LUIS MUNOZ MARIN INTERNATIONAL

AIRPORT (SJU). THE AIRPORT OPERATOR’S CSPP AND THE CONTRACTOR’S SAFETY PLAN COMPLIANCE

DOCUMENT (SPCD) ARE THE PRIMARY TOOLS TO PROMOTE SAFETY COMPLIANCE WHEN

COORDINATING CONSTRUCTION ACTIVITIES WITHIN THE AOA. THE CSPP AND THE SPCD

DOCUMENTS IDENTIFY ASPECTS OF THE CONSTRUCTION PROJECT THAT POSE A POTENTIAL

SAFETY HAZARD TO AIRPORT OPERATIONS AND OUTLINE RESPECTIVE MITIGATION

PROCEDURES FOR EACH HAZARD. THESE DOCUMENTS PROVIDE INFORMATION NECESSARY

FOR AEROSTAR TO CONDUCT SAFE OPERATIONS, CONDUCT AIRFIELD INSPECTIONS, AND

QUICKLY IDENTIFY, MITIGATE AND CORRECT UNSAFE CONDITIONS DURING CONSTRUCTION. ALL PROVISIONS INCLUDED RELATED TO AVIATION SAFETY WITHIN CONTRACT DRAWINGS, CONTRACT SPECIFICATIONS, AND OTHER RELATED DOCUMENTS ARE REFLECTED, TO THE

EXTENT POSSIBLE, IN THE CSPP AND SHALL BE REFLECTED IN THE SPCD BY THE AWARDED

CONTRACTOR.

SECTION 2. PLAN REQUIREMENTS 202. COORDINATION. THE AEROSTAR PLANNING & DEVELOPMENT, AIRFIELD OPERATIONS,

AEROSTAR, FAA REPRESENTATIVES, AND/OR TENANTS, CONDUCTING DESIGN AND

CONSTRUCTION ON THE PROPERTIES AT SJU, SHOULD CONDUCT/ATTEND PROJECT KICKOFF, PRE-DESIGN/DESIGN REVIEW, PRE-BID, PRE-CONSTRUCTION AND CONTRACTOR

PROGRESS/JOB COORDINATION CONFERENCES/MEETINGS TO THOROUGHLY REVIEW THE

SUBJECT OF AIRPORT OPERATIONAL SAFETY DURING THE DESIGN/CONSTRUCTION AS IT

RELATES TO THE PROJECT. PER FAA AC 150/5300-9 “PREDESIGN, PREBID, AND PRE-

CONSTRUCTION CONFERENCES FOR AIRPORT GRANT PROJECTS” (LATEST EDITION), THESE

MEETINGS SHOULD BE FACILITATED TO DISCUSS VARIOUS ITEMS RELATING TO DESIGN

PARAMETERS, AIRPORT SAFETY, ROUTING OF AIRCRAFT AND EQUIPMENT, SEQUENCING OF

OPERATIONS, AND ENVIRONMENTAL CONSIDERATIONS .

A. PROJECT KICKOFF, PRE-DESIGN/DESIGN REVIEW, PRE-BID, PRE-CONSTRUCTION AND

CONTRACTOR PROGRESS/JOB COORDINATION CONFERENCES. 1. PROJECT KICKOFF CONFERENCE. A PROJECT KICKOFF MEETING WILL BE HELD WITH

THE CONTRACTOR. THE AGENDA OF THIS MEETING IN BRIEF, MUST INCLUDE THE

FOLLOWING ITEMS:

(I) PROJECT OVERVIEW AND REVIEW OF PROJECT WORK PLAN. (II) PROJECT ADMINISTRATION AND COMMUNICATION PROTOCOL. (III) SCOPE OF PROJECT/TECHNICAL REQUIREMENTS.

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(IV) PROJECT SCHEDULE AND DELIVERABLES (INCLUDING CSPP). (V) QUALITY CONTROL PROCEDURES.

2. PRE-DESIGN/DESIGN REVIEW CONFERENCES. IN ADDITION TO THE PROJECT

KICKOFF MEETING, PERIODIC PROJECT COORDINATION AND STATUS MEETINGS

SHOULD BE HELD BETWEEN AEROSTAR AND FAA WHERE APPLICABLE TO

DISCUSS THE PRINCIPAL ELEMENTS OF THE CSPP. 3. PRE-BID CONFERENCE. AEROSTAR, SHALL CONDUCT A PRE-BID CONFERENCE

PRIOR THE BID OPENING DATE AND WITHIN A WEEK OF THE BID ADVERTISEMENT

DATE. THIS MEETING IS INTENDED TO REVIEW THE PROJECT REQUIREMENTS, BID

PROCEDURES, ANSWER POTENTIAL CONTRACTOR QUESTIONS AND CONDUCT A

SITE VISIT. THE TYPICAL AGENDA ITEMS INCLUDE THE FOLLOWING:

• SCOPE OF WORK; • PHASING REQUIREMENTS; • SAFETY REQUIREMENTS (CSPP AND SPCD); • CONSTRUCTION DURATION; • LIQUIDATED DAMAGES; • LABOR AND CONSTRUCTION TECHNIQUE REQUIREMENTS; • DBE/MWBE/LDB REQUIREMENTS; AND, • INSURANCE REQUIREMENTS.

THE PRE-BID CONFERENCE WILL COVER RELEVANT INFORMATION CONCERNING

THE CONTRACTOR’S REQUIREMENTS FOR CONFORMING TO THE CSPP, FAA AC

150/5370-2 “OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION”

(LATEST EDITION) AND DEVELOPING AND SUBMITTING A SPCD FOR REVIEW AND

APPROVAL. THIS WILL INCLUDE BOTH GENERAL AND SPECIFIC ELEMENTS REQUIRED

IN THE SPCD. IN ADDITION, INFORMATION ON HOW THE CONTRACTOR SHALL

FORMAT THE DOCUMENT WILL ALSO BE PROVIDED ANY CHANGES OR MODIFICATIONS RESULTING FROM THE PRE-BID CONFERENCE

WILL BE ISSUED AS AN ADDENDUM TO BE INCORPORATED INTO THE BID

DOCUMENTS. A COPY OF EACH ADDENDUM WILL BE FURNISHED TO EACH

PROSPECTIVE BIDDER WHO HAS REQUESTED OR PURCHASED A SET OF THE

PROJECT’S BID DOCUMENTS. COPIES OF THE PROCEEDINGS, CONTAINING ALL

ITEMS DISCUSSED, INCLUDING RESPONSES TO QUESTIONS, WILL BE MADE

AVAILABLE TO EACH OF THE BIDDING CONTRACTORS.

4. PRE-CONSTRUCTION CONFERENCE. THE PRE-CONSTRUCTION CONFERENCE SHALL

BE HELD AT SJU AS SOON AS PRACTICABLE AFTER THE CONTRACT HAS BEEN

AWARDED AND BEFORE ISSUANCE OF THE NOTICE TO PROCEED FOR

CONSTRUCTION. THIS MEETING SHOULD ASSIST ALL PARTIES AFFECTED BY THE

CONSTRUCTION, GET A BETTER UNDERSTANDING OF POTENTIAL PROBLEMS AND

POSSIBLE SOLUTIONS RELATED TO CONSTRUCTION ACTIVITIES AND SAFETY FOR

THE DURATION AND PERFORMANCE OF THE CONSTRUCTION CONTRACT.

THE ATTENDEES FOR THE PRE-CONSTRUCTION CONFERENCE MEETING SHALL

INCLUDE A COMBINATION OF THE FOLLOWING: DESIGN TEAM; OWNERS

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REPRESENTATIVES IDENTIFIED BY AEROSTAR AND THEIR SUBCONSULTANTS; MATERIALS TESTING LABORATORY REPRESENTATIVES; SJU ENGINEERING AND

CONSTRUCTION; SJU MAINTENANCE; AIRFIELD OPERATIONS; PRIME

CONTRACTOR AND THEIR SUBCONTRACTORS; FAA ATCT (AIR TRAFFIC CONTROL

TOWER); SJU ARFF (AIRPORT RESCUE AND FIRE FIGHTING) [IF APPLICABLE]; IMPACTED AIRPORT TENANTS; AND, FAA REPRESENTATIVES (IF APPLICABLE). THE OWNER’S REPRESENTATIVE WILL PREPARE AN AGENDA FOR THIS MEETING

AND ISSUE MEETING MINUTES WHICH WILL INCLUDE:

• SCOPE OF THE PROJECT; • IDENTIFICATION OF THE CONTRACTORS SECURITY AND SAFETY OFFICER

(CSSO); • SCHEDULING OF WORK AND THE NEED TO PERFORM CERTAIN ITEMS AT VARIOUS

TIMES DURING THE PROJECT; • WORK REQUIRED PRIOR TO CONSTRUCTION NTP; • CONSTRUCTION NTP DATE; • SAFETY DURING CONSTRUCTION AND COMPLIANCE WITH THE FAA AC

150/5370-2 “OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION”

(LATEST EDITION) CSPP, SPCD, AND OTHER AEROSTAR REQUIREMENTS; INCLUDING RESPONSIBILITY FOR MARKING AND LIGHTING OF CLOSED AND

HAZARDOUS AREAS. • SECURITY REQUIREMENTS.

5. CONTRACTOR PROGRESS MEETING OR JOB COORDINATION MEETINGS (JCM).

DURING THE CONSTRUCTION PHASE, A JCM WILL BE HELD ON A WEEKLY OR BI-WEEKLY BASIS. OPERATIONAL SAFETY WILL BE A STANDING AGENDA ITEM FOR

DISCUSSION DURING THE JCMS THROUGHOUT THE PROJECT. THE ATTENDEES FOR THE JCMS SHALL INCLUDE A COMBINATION OF THE

FOLLOWING: OWNER’S REPRESENTATIVE MATERIALS TESTING LABORATORY

REPRESENTATIVES; AEROSTAR PLANNING & DEVELOPMENT, AEROSTAR

AIRFIELD OPERATIONS; PRIME CONTRACTOR AND THEIR SUBCONTRACTORS; FAA

ATCT (AIR TRAFFIC CONTROL TOWER); SJU ARFF (AIRPORT RESCUE AND FIRE

FIGHTING) [IF APPLICABLE]; IMPACTED AIRPORT TENANTS; AND, FAA

REPRESENTATIVE (IF APPLICABLE). THE OWNER’S REPRESENTATIVE WILL PREPARE AN AGENDA FOR THIS MEETING

AND ISSUE MEETING MINUTES WHICH WILL INCLUDE:

• SCHEDULES (2 WEEK LOOK AHEAD AND OVERALL); • SAFETY AND SECURITY/EMERGENCY PROCEDURES; • SITE ACCESS/PARKING; • WORKING HOURS; • SUBMITTALS; • RFI/DSIS; • CHANGE ORDERS;

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B. SCOPE OR SCHEDULE CHANGES. ANY CHANGES IN THE SCOPE OR DURATION OF THE

PROJECT, DURING THE CONSTRUCTION PHASE, MAY NECESSITATE REVISIONS TO THE

CSPP AND REVIEW AND APPROVAL BY THE AIRPORT AND THE FAA. THE CONTRACTOR

SHALL REVISE ALL APPLICABLE SECTIONS OF THE CSPP VIA THE SPCD. ALL REVISIONS

SHALL BE SUBMITTED TO THE OWNER’S REPRESENTATIVE AND AEROSTAR AIRFIELD

OPERATIONS FOR THE FAA’S REVIEW AND APPROVAL.

C. FAA AIR TRAFFIC ORGANIZATION (ATO) COORDINATION. SJU AEROSTAR AIRFIELD

OPERATIONS, IN CONJUNCTION WITH THE FAA ATCT, SHALL CONDUCT REGULAR

AIRFIELD OPERATIONS CONSTRUCTION COORDINATION MEETINGS TO DISCUSS

OPERATIONAL IMPACTS AT SJU DUE TO ALL CONSTRUCTION AND MAINTENANCE RELATED

ACTIVITIES. THE CONTRACTOR WILL BE REQUIRED TO ATTEND EACH OF THESE MEETINGS, THROUGHOUT THE DURATION OF THE PROJECT, TO DISCUSS CONSTRUCTION

ACTIVITIES/PROGRESS AND INFORM AEROSTAR AIRFIELD OPERATIONS REGARDING ALL

CURRENTLY CLOSED AOA’S AND FUTURE REQUIRED CLOSURES. THIS WILL ENABLE

AIRFIELD OPERATIONS AND THE FAA ATCT TO PLAN CLOSURES FOR DIFFERENT

CONSTRUCTION AND MAINTENANCE ACTIVITIES TOGETHER, TO MINIMIZE AIRCRAFT

OPERATIONAL RESTRICTIONS WITHIN THE AOA. 203. PHASING. THE SEQUENCE OF CONSTRUCTION AND PHASING, FOR THIS PROJECT, WAS

DEVELOPED IN ORDER TO MAINTAIN THE MAXIMUM EFFICIENCY OF AIRCRAFT OPERATIONS

WHILE MAINTAINING SAFETY AND ALLOWING FOR THE REQUIRED CONSTRUCTION ACTIVITIES

FOR THIS PROJECT. FOR EACH PROJECT’S PHASE THE CSPP IDENTIFIES THE REQUIREMENTS

OUTLINED IN PARAGRAPH 206 OF FAA AC 150/5370-2 “OPERATIONAL SAFETY ON

AIRPORTS DURING CONSTRUCTION” (LATEST EDITION). SEE CHAPTER 1 PARAGRAPH 102

FOR THE SCOPE OF WORK FOR THE BID SCHEDULES OF THIS PROJECT.

A. OVERALL PROJECT PHASING ELEMENTS. 1. AREAS CLOSED TO AIRCRAFT OPERATIONS: NO RUNWAY OR TAXIWAY WILL BE

CLOSED. BY PHASE THIS INCLUDES THE FOLLOWING:

PHASE 0 – MOBILIZATION

PHASE 1 – NEW LIGHTING, POLE AND POLE BASE INSTALLATION FROM APRON 1 TO

APRON 4

2. DURATIONS OF CLOSURES: THE OVERALL CONSTRUCTION DURATIONS (NOT

INCLUDING FINAL CLOSEOUT) FOR THIS PROJECT IS 8 MONTHS. 3. TAXIWAY ROUTES: NO TAXIWAY WILL BE TAKEN OUT OF OPERATION FOR EACH PHASE. 4. ARFF ACCESS ROUTES: THE CONTRACTOR SHALL BE REQUIRED TO MAINTAIN

EMERGENCY ARFF ACCESS IN AND AROUND THE SITE FOR THE DURATION OF THE

CONTRACT. PRIOR TO BEGINNING OF CONSTRUCTION IN EACH WORK AREA AND/OR

ON TIMELY MANNER, THE CONTRACTOR SHALL REQUEST THE ARFF PERSONNEL TO

TOUR THE SITE SO ARFF PERSONNEL ARE AWARE OF THE ACCESS ROUTES IN AND

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AROUND THE WORK AREAS AND THE ON-GOING CONSTRUCTION ACTIVITIES OF THE

PROJECT. 5. CONSTRUCTION STAGING AREAS: THE ACTUAL SIZE AND EXACT LOCATION OF THE

STAGING AREA SHALL BE ESTABLISHED PRIOR TO CONSTRUCTION ACTIVITIES

DURING THE MOBILIZATION PHASE, AND SHALL BE APPROVED THE OWNER’S

REPRESENTATIVE AND AIRFIELD OPERATIONS.

6. CONSTRUCTION ACCESS AND HAUL ROUTES: THE PROJECT STAGING AREAS AND

ACCESS ROUTE SHALL BE ESTABLISHED PRIOR TO CONSTRUCTION ACTIVITIES

DURING THE MOBILIZATION PHASE, AND SHALL BE APPROVED THE OWNER’S

REPRESENTATIVE AND AIRFIELD OPERATIONS. 7. IMPACTS TO NAVAIDS: NO NAVAIDS IS PLANNED TO BE IMPACTED BY THE

CONSTRUCTION. 8. LIGHTING AND MARKING CHANGES: NO LIGHTING AND SIGNAGE SYSTEM WILL BE

DEACTIVATED AND OBSCURED DURING CONSTRUCTION. 9. AVAILABLE RUNWAY LENGTH: DURING THIS PROJECT RUNWAY 8-26 AND RUNWAY

10-28 WILL BE FULLY OPERATIONAL. 10. DECLARED DISTANCES: NOT APPLICABLE FOR THIS PROJECT. 11. REQUIRED HAZARD MARKING AND LIGHTING: THIS PROJECT UTILIZES THE

FOLLOWING TO DELINEATE WORK AREAS, HAZARDS, AND CLOSED PORTIONS OF THE

AOA ON THE AIRFIELD:

• LOW PROFILE LIGHTED BARRICADES TO DELINEATE WORK AREAS TO DELINEATE

ACCESS ROUTES, CLOSED AOA AREAS, AND HAZARDOUS AREAS;

• TRAFFIC RUBBER/PLASTIC CONSTRUCTION CONES TO MARK CONSTRUCTION

SET-BACK LINES.

12. LEAD TIMES FOR REQUIRED NOTIFICATIONS: ADEQUATE LEAD TIMES FOR EACH

ELEMENT OF CONSTRUCTION SHALL BE PROVIDED BY THE CONTRACTOR. REQUIRED

LEAD TIMES ARE SPELLED OUT IN THE CONSTRUCTION DOCUMENTS AND WILL BE

FURTHER ESTABLISHED AT THE PRE-CONSTRUCTION MEETING. 13. PRIOR TO CLOSING A WORK AREA, THE CONTRACTOR SHALL SUBMIT FOR APPROVAL

AN APPROVED BARRICADE LOCATION PLAN AND OBTAIN AUTHORIZATION TO

PROCEED FROM THE OWNER’ REPRESENTATIVE AND AIRFIELD OPERATIONS.

204. AREAS AND OPERATIONS AFFECTED BY CONSTRUCTION ACTIVITY. RUNWAYS AND TAXIWAYS

SHOULD REMAIN IN USE BY AIRCRAFT TO THE MAXIMUM EXTENT POSSIBLE WITHOUT

COMPROMISING SAFETY. PRE-MEETINGS WITH THE FAA AIR TRAFFIC ORGANIZATION (ATO)

WILL SUPPORT OPERATIONAL SIMULATIONS. THE OPERATIONAL EFFECTS TO THE SJU AOA

AS A RESULT OF CONSTRUCTION ACTIVITIES IN EACH WORK AREA OF THIS PROJECT ARE

DISCUSSED IN THIS SECTION.

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A. IDENTIFICATION OF AFFECTED AREAS. THE AIRFIELD AREAS AND AIRCRAFT OPERATIONS

AFFECTED BY THE CONSTRUCTION WILL HELP TO DETERMINE POSSIBLE SAFETY

PROBLEMS. THE AFFECTED AREAS ARE IDENTIFIED IN THE CONTRACT DRAWINGS FOR

EACH CONSTRUCTION PHASE OR WORK AREA. SEE PARAGRAPH 206 FOR DETAILS

PARTICULARLY CONCERNING THE FOLLOWING:

1. CLOSING, OR PARTIAL CLOSING, OF RUNWAYS, TAXIWAYS AND APRONS. NO

CLOSURE OF TAXIWAYS OR RUNWAYS DUE TO CONSTRUCTION ACTIVITIES IS

PLANNED. WHILE WORKING IN THE APRONS, AIRLINE GATES WILL BE TEMPORARILY

CLOSED AS COORDINATED WITH AIRFIELD OPERATIONS. 2. IMPACT TO OR CLOSURE OF AIRCRAFT RESCUE AND FIREFIGHTING (ARFF) ACCESS

ROUTES. AEROSTAR SHALL PROVIDE ARFF PERSONNEL WITH CONSTRUCTION

PLANS FOR EACH WORK AREA, FOR THEIR INFORMATION AND REVIEW , SO THAT ANY

IMPACT TO THE ROUTING OF EMERGENCY VEHICLES BE ASSESSED. DURING

CONSTRUCTION, ARFF PERSONNEL WILL BE NOTIFIED OF POTENTIAL ACCESS

ROUTES. 3. INTERRUPTION OF UTILITIES, INCLUDING WATER SUPPLIES FOR FIREFIGHTING. ANY

PROPOSED IMPACTS TO UTILITIES THAT SERVE ANY AIRPORT FACILITY SHALL BE

PROPERLY COORDINATED, THROUGH THE OWNER’S REPRESENTATIVE, WITH THE

APPROPRIATE AIRPORT FACILITY THAT IS TO BE IMPACTED. 4. APPROACH / DEPARTURE SURFACES AFFECTED BY HEIGHTS OF OBJECTS. FOR THIS

PROJECT, THE APPROACH OR DEPARTURE SURFACES WILL NOT BE IMPACTED DUE TO

CONSTRUCTION EQUIPMENT HEIGHTS. 5. CONSTRUCTION AREAS, STORAGE AREAS, AND ACCESS ROUTES NEAR RUNWAYS,

TAXIWAYS, APRONS, OR HELIPADS. THE SIZE AND EXACT LOCATION OF THE STAGING

AREA SHALL BE ESTABLISHED PRIOR TO CONSTRUCTION WITH THE APPROVAL OF THE

OWNER’S REPRESENTATION AND AIRPORT OPERATIONS.

B. MITIGATION OF EFFECTS. DURING CONSTRUCTION, THE CONTRACTOR SHALL

COORDINATE CLOSELY WITH THE OWNER’S REPRESENTATIVE TO ESTABLISH AND

FOLLOW THE SPECIFIC PROCEDURES TO MAINTAIN THE SAFETY AND OPERATIONAL

EFFICIENCY OF THE AIRPORT, AS ESTABLISHED IN THE CONSTRUCTION DRAWINGS. 1. DETOURS FOR ARFF AND OTHER AIRPORT VEHICLES. IT IS IMPERATIVE THAT

EMERGENCY VEHICLES HAVE ACCESS TO ALL AREAS ON THE AIRPORT AND THAT

ARFF PERSONNEL ARE ADVISED OF CONSTRUCTION ACTIVITIES AND AIRFIELD

CLOSURES SO THAT THEY MAY ALTER THEIR PROPOSED ROUTES TO SPECIFIC AREAS

ON THE AIRFIELD.

2. MAINTENANCE OF ESSENTIAL UTILITIES. IT IS THE CONTRACTOR RESPONSIBILITIES

TO PROTECT EXISTING UTILITIES FROM DAMAGE OR UNSCHEDULED INTERRUPTION

OF SERVICE.

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THE CONTRACTOR SHALL PROVIDE NOTICE TO THE FAA TRAFFIC ORGANIZATION

(ATO)/ TECHNICAL OPERATIONS/SYSTEM SUPPORT CENTER (SSC) POINT OF

CONTACT THROUGH THE AIRPORT OWNER AND AIRPORT OPERATIONS A MINIMUM

OF FORTY FIVE (45) CALENDAR DAYS PRIOR TO COMMENCEMENT OF CONSTRUCTION

ACTIVITIES IN ORDER TO PERMIT SUFFICIENT TIME TO LOCATE AND MARK EXISTING

BURIED CABLES AND TO SCHEDULE ANY REQUIRED FACILITY OUTAGES.

ANY DAMAGE TO FAA CABLES, ACCESS ROADS, OR FAA FACILITIES DURING

CONSTRUCTION CAUSED BY THE CONTRACTOR’S EQUIPMENT OR PERSONNEL

WHETHER BY NEGLIGENCE OR ACCIDENT WILL REQUIRE THE CONTRACTOR TO

REPAIR OR REPLACE THE DAMAGED CABLES, ACCESS ROAD OR FAA FACILITIES TO

FAA REQUIREMENTS.

C. TEMPORARY CHANGES TO AIR TRAFFIC CONTROL PROCEDURES. ANY AND ALL

TEMPORARY CHANGES TO THE AIR TRAFFIC CONTROL PROCEDURES MUST BE

COORDINATED AND APPROVED BY THE AIRPORT ATO/FAA ATCT/AIRFIELD OPERATIONS. DURING CONSTRUCTION, THE OWNER’ REPRESENTATIVE AND CONTRACTOR ATTEND THE

AIRFIELD OPERATIONS CONSTRUCTION COORDINATION MEETINGS HELD TO INFORM THE

FAA ATCT AND AIRFIELD OPERATIONS REGARDING ALL CONSTRUCTION ACTIVITIES THAT

IMPACT THE EXISTING AOA AND ANY UPCOMING IMPACTS DUE TO BEGINNING OF NEW

CONSTRUCTION WORK AREAS.

205. NAVIGATION AID (NAVAID) PROTECTION. THERE ARE ANTICIPATED CONSTRUCTION

ACTIVITIES NEAR NAVIGATIONAL AIDS, SPECIFICALLY THE MARL’S. IT IS THE CONTRACTOR

RESPONSIBILITY TO PROTECT THIS EQUIPMENT. 206. CONTRACTOR ACCESS. ALL CONSTRUCTION PERSONNEL SHALL REGULARLY BE REMINDED

THAT WITHIN THE AOA, AN AIRCRAFT ALWAYS HAS “THE RIGHT-OF-WAY”. THE CONTRACTOR

PERSONNEL SHALL FAMILIARIZE THEMSELVES WITH THE ACCESS ROUTES AND REMEMBER AT

ALL TIMES THAT, “KEEPING PEOPLE AND VEHICLES FROM AREAS OF THE AIRPORT WHERE

THEY DON’T BELONG IS EACH CONTRACTOR PERSONNEL’S RESPONSIBILITY”.

A. LOCATION OF STOCKPILED CONSTRUCTION MATERIALS. THE LOCATIONS OF THE

STOCKPILES SHALL BE APPROVED BY THE OWNER’S REPRESENTATIVE AND THE

ENGINEER. STOCKPILED MATERIALS AND EQUIPMENT STORAGE ARE NOT PERMITTED

WITHIN THE RUNWAY SAFETY AREA (RSA), RUNWAY OBJECT FREE AREA (ROFA), TAXIWAY SAFETY AREA (TSA), TAXIWAY OBJECT FREE AREA (TOFA), AND OBSTACLE

FREE ZONE (OFZ) OF AN OPERATIONAL RUNWAY OR TAXIWAY. AT THE ONSET OF THE

PROJECT, THE CONTRACTOR, THROUGH THE OWNER’S REPRESENTATIVE, SHALL

CONFIRM THAT FAA FORM 7460-1 “NOTICE OF PROPOSED CONSTRUCTION OR

ALTERATION”, FOR THIS PROJECT IS APPROVED AND ON RECORD. THE CONTRACTOR

MUST ENSURE THAT STOCKPILED MATERIALS AND EQUIPMENT ADJACENT TO THESE

AREAS ARE PROMINENTLY MARKED AND LIGHTED DURING HOURS OF RESTRICTED

VISIBILITY OR DARKNESS. THIS INCLUDES DETERMINING AND VERIFYING THAT MATERIALS

ARE STABILIZED AND STORED AT AN APPROVED LOCATION SO AS NOT TO BE A HAZARD TO

AIRCRAFT OPERATIONS AND TO PREVENT ATTRACTION OF WILDLIFE AND FOREIGN OBJECT

DAMAGE. ALL FOD RESULTING FROM STOCKPILED MATERIALS SHALL BE CLEAN

IMMEDIATELY. IF PROJECT CONDITIONS REQUIRE STOCKPILED MATERIALS, CONTRACTOR

MUST COORDINATE WITH AEROSTAR.

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B. VEHICLE AND PEDESTRIAN OPERATIONS. VEHICLE AND PEDESTRIAN ACCESS TO THE

AIRPORT SECURE AREA MUST BE CONTROLLED TO PREVENT INADVERTENT OR

UNAUTHORIZED ENTRY OF PERSONS, VEHICLES, OR ANIMALS ONTO THE AOA. THE

CONTRACTOR SHOULD COORDINATE REQUIREMENTS FOR VEHICLE OPERATIONS WITH

AIRPORT OPERATIONS.

1. CONSTRUCTION SITE PARKING. CONTRACTOR EMPLOYEES SHALL PARK IN AN AREA

DESIGNATED AND APPROVED BY THE OWNER’S REPRESENTATIVE AND AIRPORT TO

PREVENT ANY UNAUTHORIZED ENTRY OF PERSONS OR VEHICLES ONTO THE AOA. THE

PARKING AREA SHOULD PROVIDE REASONABLE CONTRACTOR EMPLOYEE ACCESS TO

THE JOB SITE. ONLY LIMITED AUTHORIZED VEHICLES WILL BE PERMITTED IN THE

SECURE AREA. ALL PARKED VEHICLES SHOULD BE AT LEAST 8 FEET AWAY FROM ANY

FENCING.

2. CONSTRUCTION EQUIPMENT PARKING. WHILE IN THE AOA, THE CONTRACTOR MUST

PARK AND SERVICE ALL CONSTRUCTION EQUIPMENT/VEHICLES IN AN AREA

DESIGNATED BY THE OWNER’S REPRESENTATIVE AND AIRFIELD OPERATIONS

OUTSIDE ALL OBJECT AREAS AND NEVER IN THE SAFETY AREA OF AN ACTIVE

RUNWAY/TAXIWAY OR AN OBJECT FREE AREA OF AN ACTIVE RUNWAY/TAXIWAY. CONTRACTOR SHOULD PARK ALL CONSTRUCTION VEHICLES OUTSIDE THE OBJECT

FREE AREA OF AN ACTIVE RUNWAY OR AN ACTIVE TAXIWAY WHEN NOT IN USE BY

CONSTRUCTION PERSONNEL (FOR EXAMPLE, OVERNIGHT, ON WEEKENDS, OR DURING

OTHER PERIODS WHEN CONSTRUCTION IS NOT ACTIVE). EQUIPMENT/VEHICLES

PARKING AREAS MUST NOT OBSTRUCT THE CLEAR LINE OF SIGHT BY THE ATCT TO

ANY RUNWAYS, TAXIWAYS, TAXILANES OR APRONS UNDER AIR TRAFFIC CONTROL NOR

OBSTRUCT ANY RUNWAY VISUAL AIDS, SIGNS, OR NAVIGATION AIDS. THE FAA MUST

ALSO STUDY THOSE AREAS TO DETERMINE EFFECTS ON AIRPORT DESIGN CRITERIA, SURFACES ESTABLISHED BY 14 CFR PART 77, SAFE, EFFICIENT USE, AND

PRESERVATION OF THE NAVIGABLE AIRSPACE (PART 77), AND ON NAVAIDS AND

INSTRUMENT APPROACH PROCEDURES (IAP). 3. ACCESS AND HAUL ROADS. THE CONTRACTOR SHALL NOT UTILIZE ANY ACCESS

ROADS OR HAUL ROUTES OTHER THAN THOSE THAT ARE APPROVED. ACCESS ROUTES

USED BY CONTRACTOR VEHICLES MUST BE CLEARLY MARKED TO PREVENT

CONFUSION AND/OR INADVERTENT ENTRY TO AREAS OPEN TO AIRPORT OPERATIONS. PAY SPECIAL ATTENTION TO ENSURE THAT IF CONSTRUCTION TRAFFIC IS TO SHARE

OR CROSS ANY ARFF ROUTES THAT ARFF RIGHT OF WAY IS NOT IMPEDED AT ANY

TIME, AND THAT CONSTRUCTION TRAFFIC ON HAUL ROUTES DOES NOT INTERFERE

WITH NAVAIDS OR APPROACH SURFACES OF OPERATIONAL AOA FEATURES. 4. MARKING AND LIGHTING OF VEHICLES. MARKING AND LIGHTING OF VEHICLES SHALL

BE IN ACCORDANCE WITH FAA AC 150/5210-5 “PAINTING, MARKING, AND LIGHTING

OF VEHICLES USED ON AN AIRPORT” (LATEST EDITION), AND PER REQUIREMENTS

OUTLINED IN THE CONSTRUCTION DOCUMENTS. 5. DESCRIPTION OF PROPER VEHICLE OPERATIONS. CONTRACTOR EMPLOYEES SHALL

TAKE TRAINING CLASSES TO PROPERLY PREPARE THEMSELVES TO DRIVE IN

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AUTHORIZED AREAS, UNDER NORMAL, LOST COMMUNICATIONS, AND EMERGENCY

CONDITIONS. 6. REQUIRED ESCORTS. VEHICLES THAT ARE NOT AUTHORIZED TO DRIVE IN THE SECURE

AIRPORT AREA ON THEIR OWN SHALL BE PROPERLY ESCORTED IN ACCORDANCE WITH

AEROSTAR REQUIREMENTS BY APPROVED CONTRACTOR PERSONNEL. 7. TRAINING REQUIREMENTS FOR VEHICLE DRIVERS. SPECIFIC TRAINING SHOULD BE

PROVIDED TO THOSE VEHICLE OPERATORS PROVIDING ESCORTS TO ENSURE

COMPLIANCE WITH SJU VEHICLE RULES AND REGULATIONS. SEE FAA AC 150/5210-20 “GROUND VEHICLE OPERATIONS ON AIRPORTS” (LATEST EDITION), FOR

INFORMATION ON TRAINING AND RECORDS MAINTENANCE REQUIREMENTS. ALL

CONTRACTOR VEHICLES SHALL OBEY THE SPEED LIMITS POSTED ON THE AOA ROADS. ALL VEHICLES TRAVELING ON HAUL ROUTES, CLOSED RUNWAYS AND TAXIWAYS SHALL

NOT DRIVE FASTER THAN 25 MPH. 8. SITUATIONAL AWARENESS. VEHICLE DRIVERS MUST CONFIRM BY PERSONAL

OBSERVATION THAT NO AIRCRAFT IS APPROACHING THEIR POSITION (EITHER IN THE

AIR OR ON THE GROUND) WHEN GIVEN CLEARANCE TO CROSS A RUNWAY, TAXIWAY, OR ANY OTHER AREA OPEN TO AIRCRAFT OPERATIONS. IN ADDITION, IT IS THE

RESPONSIBILITY OF THE ESCORT VEHICLE DRIVER OR FLAGMEN TO VERIFY THE

MOVEMENT/POSITION OF ALL ESCORTED VEHICLES AT ANY GIVEN TIME.

9. TWO-WAY RADIO COMMUNICATION PROCEDURES. I. GENERAL. THE CONTRACTOR AND THEIR PERSONNEL MUST UNDERSTAND THE

CRITICAL IMPORTANCE OF MAINTAINING RADIO CONTACT, AS DIRECTED BY THE

AIRPORT, FROM AND WITH THE AEROSTAR AIRPORT OPERATIONS. THE

CONTRACTOR MUST ENSURE THAT PERSONNEL ENGAGED IN ACTIVITIES

INVOLVING UNESCORTED OPERATIONS WITHIN AOA OBSERVE THE PROPER

PROCEDURES FOR COMMUNICATIONS, AND ARE PROPERLY TRAINED IN

PERFORMING THESE DUTIES, INCLUDING USING APPROPRIATE RADIO

FREQUENCIES, FOR THE AEROSTAR AIRPORT OPERATIONS. ALL CONTRACTOR

VEHICLES THAT ARE REQUIRED TO ACCESS OR CROSS ACTIVE TAXIWAYS SHALL

DO SO UNDER THE DIRECT CONTROL OF FLAGMEN IN RADIO CONTACT WITH

AEROSTAR AIRPORT OPERATIONS. FLAGMEN SHALL BE TRAINED AND

INSTRUCTED BY AEROSTAR AIRPORT OPERATIONS IN THE REGULATIONS

GOVERNING OPERATIONS ON THE AOA AND RADIO PROCEDURES AT THE AIRPORT, PASS A WRITTEN TEST, AND RECEIVE APPROVAL IN WRITING. FLAGMEN SHALL

REMAIN WITH THEIR VEHICLE OR MONITOR VEHICLE CROSSING AT ALL TIMES. FLAGMEN AND RADIOS SHALL BE FURNISHED BY THE CONTRACTOR. THE RADIOS

SHALL OPERATE ON A COMMON FREQUENCY APPROVED BY AEROSTAR AIRFIELD

OPERATIONS AND THE OWNER’S REPRESENTATIVE. IT SHALL BE UNDERSTOOD BY

THE CONTRACTOR THAT AIRPORT TRAFFIC ON RUNWAYS, TAXIWAY , TAXILANES

AND APRONS SHALL HAVE PRIORITY OVER CONTRACTOR'S TRAFFIC. II. AREAS REQUIRING TWO-WAY RADIO COMMUNICATION WITH AEROSTAR AIRPORT

OPERATIONS. VEHICULAR TRAFFIC CROSSING ACTIVE AIRCRAFT MOVEMENT

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AREAS MUST BE CONTROLLED EITHER BY AN AUTHORIZED AEROSTAR AIRPORT

ESCORT OR AUTHORIZED FLAGMEN. III. FREQUENCIES TO BE USED. THE CONTRACTOR WILL BE PROVIDED A FREQUENCY

TO COMMUNICATE WITH AEROSTAR AIRPORT OPERATIONS TO BE UTILIZED FOR

THE PROJECT. THE CONTRACTOR WILL NOT COMMUNICATE DIRECTLY WITH THE

SJU AIR TRAFFIC CONTROL TOWER. IV. THE CONTRACTOR MUST BE TRAINED IN PROPER RADIO USAGE, INCLUDING READ

BACK REQUIREMENTS. V. THE CONTRACTOR MUST BE TRAINED IN PROPER PHRASEOLOGY, INCLUDING THE

INTERNATIONAL PHONETIC ALPHABET.

10. TWO-WAY RADIO COMMUNICATION PROCEDURES. I. FENCING AND GATES. CONTRACTOR MUST MAINTAIN SECURITY DURING

CONSTRUCTION WHEN ACCESS POINTS ARE CREATED IN THE SECURITY FENCING

TO PERMIT THE PASSAGE OF CONSTRUCTION VEHICLES OR PERSONNEL. TEMPORARY GATES SHOULD BE EQUIPPED SO THEY CAN BE SECURELY CLOSED

AND LOCKED TO PREVENT ACCESS BY ANIMALS AND UNAUTHORIZED PEOPLE AND

VEHICLES. PROCEDURES SHOULD BE IN PLACE TO ENSURE THAT ONLY

AUTHORIZED PERSONS AND VEHICLES HAVE ACCESS TO THE AOA AND TO

PROHIBIT “PIGGYBACKING” BEHIND ANOTHER PERSON OR VEHICLE. THE

DEPARTMENT OF TRANSPORTATION (DOT) DOCUMENT DOT/FAA/AR-00/52, RECOMMENDED SECURITY GUIDELINES FOR AIRPORT PLANNING AND

CONSTRUCTION, PROVIDES MORE SPECIFIC INFORMATION ON FENCING. A COPY

OF THIS DOCUMENT CAN BE OBTAINED FROM THE AIRPORT CONSULTANTS

COUNCIL, AIRPORTS COUNCIL INTERNATIONAL, OR AMERICAN ASSOCIATION OF

AIRPORT EXECUTIVES. II. BADGING REQUIREMENTS. CONTRACTOR SHALL COMPLY WITH THE PROJECT

MANUAL OF THE CONTRACT DOCUMENTS SPECIFICATIONS FOR MEETING

BADGING REQUIREMENTS OF THIS PROJECT. AEROSTAR ISSUED

IDENTIFICATION/ACCESS BADGES ARE REQUIRED FOR THIS PROJECT. THE

AIRPORT ID PROGRAM IS UNDER CONSTANT REVIEW BY THE FAA AND

TRANSPORTATION SECURITY ADMINISTRATION (TSA) WHOSE AUTHORITY AND ALL

CONTEMPORARY REQUIREMENTS SHALL GOVERN. THE CONTRACTOR SHALL

ASSIGN A CONTRACTOR SAFETY OFFICER(S) AS THE POINT(S) OF CONTACT FOR

ALL IDENTIFICATION AND BADGING REQUIREMENTS.

WHILE CONTRACTOR PERSONNEL ARE IN THE SECURITY IDENTIFICATION DISPLAY

AREAS (SIDA) THEY MUST HAVE THEIR AEROSTAR APPROVED BADGES VISIBLE

AT ALL TIME, ON THE OUTERMOST GARMENT OF CLOTHING AND ABOUT THEIR

WAISTS. IF CONTRACTOR PERSONNEL ARE BEING ESCORTED BY APPROVED

ESCORTS, THE ESCORT AND ESCORTED PERSONNEL MUST STAY WITHIN CLOSE

PROXIMITY OF EACH OTHER.

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III. SJU IS SUBJECT TO 49 CFR PART 1542 “AIRPORT SECURITY”, AND IS IN

COMPLIANCE OF THE STANDARDS FOR ACCESS CONTROL, MOVEMENT OF GROUND

VEHICLES, AND IDENTIFICATION OF CONSTRUCTION CONTRACTOR AND TENANT

PERSONNEL. THE CONTRACTOR SHALL COMPLY WITH ALL REQUIREMENTS

ESTABLISHED BY AEROSTAR AND/OR AMENDED DUE TO REVISIONS IMPLANTED

BY THE FAA REGULATIONS THROUGHOUT T E DURATION OF THE CONSTRUCTION

OF THIS PROJECT.

207. W ILDLIFE MANAGEMENT. THE CSPP AND SPCD MUST BE IN ACCORDANCE WITH THE AIRPORT

OPERATOR’S WILDLIFE HAZARD MANAGEMENT PLAN, IF APPLICABLE. SEE FAA AC 150/5200-33 “HAZARDOUS W ILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS”, AND CERTALERT 98-05, GRASSES ATTRACTIVE TO HAZARDOUS W ILDLIFE. THE CONTRACTOR MUST CAREFULLY

CONTROL AND CONTINUOUSLY REMOVE WASTE OR LOOSE MATERIALS THAT MIGHT ATTRACT

WILDLIFE. SURROUNDING THE ENTIRE PERIMETER OF THE SJU AOA, THERE IS SECURITY

FENCING IN PLACE TO ELIMINATE AND MINIMIZE WILDLIFE FROM ENCROACHING INTO THE

AOA. CONTRACTOR PERSONNEL MUST BE AWARE OF AND AVOID CONSTRUCTION ACTIVITIES

THAT CAN CREATE WILDLIFE HAZARDS ON AIRPORTS, SUCH AS:

A. TRASH. FOOD SCRAPS MUST BE COLLECTED FROM CONSTRUCTOR PERSONNEL ACTIVITY. ALL TRASH RESULTING FROM FOOD SHALL BE SECURELY PLACE IN CONTRACTOR

VEHICLES OR TRASH CANS, SUCH THAT THE TRASH DOES NOT FLY AWAY OR ENTER THE

AOA. ALL FOOD SCRAPS SHALL BE REMOVED DAILY. B. STANDING WATER. WATER SHALL NOT BE ALLOWED TO COLLECT AND POOL, WITHIN

CONSTRUCTION AREAS OF THIS PROJECT, FOR MORE THAN ANY SINGLE 24-HOUR PERIOD

UNLESS AS DEPICTED ON THE DRAINAGE RELATED CONTRACT DRAWINGS. C. TALL GRASS AND SEEDS. THE USE OF MILLET SEED AND TURFING OPERATIONS SHALL

NOT BE PERMITTED. THE TYPICAL REQUIREMENT IS TO PLACE T-904 SODDING, PER

CONTRACT DOCUMENTS, ON ALL EARTHWORK AREAS THAT WERE DISTURBED BY THE

PROJECT. D. POORLY MAINTAINED FENCING AND GATES. CONTRACTOR MUST MAINTAIN SECURITY

DURING CONSTRUCTION WHEN ACCESS POINTS ARE CREATED IN THE SECURITY FENCING

TO PERMIT THE PASSAGE OF CONSTRUCTION VEHICLES OR PERSONNEL. ALL GATES AND

FENCING WITHIN THE VICINITY OF THE PROJECT ARE REQUIRED TO BE CHECKED BY THE

CONTRACTOR. AIRFIELD OPERATIONS ALSO CONDUCTS RANDOM CHECKS TO ENSURE

THAT NONE OF THE EXISTING GATES ARE POORLY MAINTAINED OR MONITORED. ALL

CONTRACTOR DISCREPANCIES POINTED OUT BY THE OWNER’S REPRESENTATIVE AND

AIRFIELD OPERATIONS SHALL BE IMMEDIATELY CORRECTED BY THE CONTRACTOR. E. DISRUPTION OF EXISTING W ILDLIFE HABITAT. THE CONTRACTOR PERSONNEL SHOULD

IMMEDIATELY NOTIFY THE OWNER’S REPRESENTATIVE AND AIRPORT OF WILDLIFE

SIGHTINGS. 208. FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT WASTE AND LOOSE MATERIALS, COMMONLY

REFERRED TO AS FOD, ARE CAPABLE OF CAUSING DAMAGE TO AIRCRAFT LANDING GEARS, PROPELLERS, AND JET ENGINES. THE CONTRACTOR MUST NOT LEAVE OR PLACE FOD ON OR

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NEAR ACTIVE AIRCRAFT MOVEMENT AREAS. MATERIALS CAPABLE OF CREATING FOD MUST

BE CONTINUOUSLY REMOVED DURING THE CONSTRUCTION OF THE PROJECT. FENCING

(OTHER THAN SECURITY FENCING) MAY BE NECESSARY TO CONTAIN MATERIAL THAT CAN BE

CARRIED BY WIND INTO AREAS WHERE AIRCRAFT OPERATE. PRIOR TO ACCESSING THE

CONSTRUCTION SITE, THE CONTRACTORS SHALL INSPECT THEIR VEHICLES (I.E., TIRES, TRUCK BEDS, CONSTRUCTION EQUIPMENT, ETC.) TO ENSURE THAT NOTHING CAN FALL/FLY

OFF OF THEM TO CREATE POTENTIAL FOD HAZARDS.

IF FOD IS OBSERVED, THE MATERIAL SHALL BE REMOVED IMMEDIATELY BY THE

CONTRACTOR. THE OWNER’S REPRESENTATIVE MAY DIRECT THAT DEBRIS PROBLEMS

DURING CONSTRUCTION, NOT CORRECTED BY THE CONTRACTOR, BE CORRECTED BY OTHERS

AT THE EXPENSE OF THE CONTRACTOR. THE CONTRACTOR SHALL HAVE POWER BROOMS

AND AUTOMATIC MOTORIZED VACUUM EQUIPMENT WITH DRIVERS AVAILABLE ON SITE AT ALL

TIMES. CLEANING EQUIPMENT SHALL BE SUITABLE FOR CLEANING CONSTRUCTION DEBRIS

FROM THE PAVEMENT. CONTRACTOR SHALL ALSO HAVE WATER TRUCKS WITH DRIVERS AVAILABLE TO CONTROL

DUST WHEN INFORMED BY AIRFIELD OPERATIONS AND OWNER’S REPRESENTATIVE. EXCESSIVE DUST CAN CAUSE PILOT CONFUSION DUE TO THE LOSS OF LINE OF SIGHT.

209. HAZARDOUS MATERIALS (HAZMAT) MANAGEMENT. CONTRACTORS OPERATING

CONSTRUCTION VEHICLES AND EQUIPMENT ON THE AIRPORT MUST BE PREPARED TO

EXPEDITIOUSLY CONTAIN AND CLEAN-UP SPILLS RESULTING FROM FUEL OR HYDRAULIC FLUID

LEAKS. TRANSPORT AND HANDLING OF OTHER HAZARDOUS MATERIALS ON AN AIRPORT ALSO

REQUIRES SPECIAL PROCEDURES. SEE FAA AC 150/5320-15 “MANAGEMENT OF AIRPORT

INDUSTRIAL WASTE” (LATEST EDITION). THE CONTRACTOR SHALL DEVELOP AND IMPLEMENT

SPILL PREVENTION AND RESPONSE PROCEDURES FOR VEHICLE OPERATIONS. 210. NOTIFICATION OF CONSTRUCTION ACTIVITIES. THE CSPP AND SPCD MUST DETAIL

PROCEDURES FOR THE IMMEDIATE NOTIFICATION OF AIRPORT USERS AND THE FAA OF ANY

CONDITIONS ADVERSELY AFFECTING THE OPERATIONAL SAFETY OF THE AIRPORT. IT MUST

ADDRESS THE NOTIFICATION ACTIONS DESCRIBED BELOW , AS APPLICABLE.

A. LIST OF RESPONSIBLE REPRESENTATIVES/POINTS OF CONTACT FOR ALL INVOLVED

PARTIES, AND PROCEDURES FOR CONTACTING EACH OF THEM, INCLUDING AFTER HOURS.

ENTITY TITLE NAME PHONE NUMBER

AEROSTAR AIRFIELD OPERATIONS ERICK GRACIA 787-289-7240

AEROSTAR PROJECT MANAGER JORGE JOURDAN 787-289-7240

AEROSTAR ENVIRONMENTAL TENOCH JUAREZ 787-289-7240

AEROSTAR PLANNING AND

ENGINEERING PABLO AFFANT 787-289-7240

AEROSTAR MAINTENANCE DAVID TROCHE 787-289-7240

AEROSTAR SECURITY CARLOS QUIÑONES 787-289-7240

AEROSTAR AOCC JUAN PEREZ 787-289-7240

FAA NAVAIDS WARREN CALLWOOD 787-379-1100

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FAA SJU ATCT JOHN MELECIO 787-253-4602

ARFF COMMANDER CARLOS HERNANDEZ 787-791-0288

B. NOTAMS. ONLY THE AEROSTAR AIRFIELD OPERATIONS MAY INITIATE OR CANCEL

NOTAMS ON AIRPORT CONDITIONS, AND IS THE ONLY ENTITY THAT CAN CLOSE OR OPEN

AN AOA FEATURE. AEROSTAR AIRFIELD OPERATIONS SHALL COORDINATE THE

ISSUANCE, MAINTENANCE, AND CANCELLATION OF NOTAMS ABOUT AIRPORT

CONDITIONS RESULTING FROM CONSTRUCTION ACTIVITIES, MAINTENANCE, TENANTS AND

FAA ATCT, AND MUST PROVIDE INFORMATION ON CLOSED OR HAZARDOUS CONDITIONS

ON AIRPORT MOVEMENT AREAS TO THE FAA FLIGHT SERVICE STATION (FSS) SO IT CAN

ISSUE A NOTAM. THE AIRPORT OPERATOR MUST FILE AND MAINTAIN A LIST OF

AUTHORIZED REPRESENTATIVES WITH THE FSS. SEE FAA AC 150/5200-28 “NOTICES

TO AIRMEN (NOTAMS) FOR AIRPORT OPERATORS”, FOR A SAMPLE NOTAM FORM. ONLY

THE FAA MAY ISSUE OR CANCEL NOTAMS OR SHUTDOWN OR IRREGULAR OPERATION OF

FAA OWNED FACILITIES. ANY PERSON HAVING REASON TO BELIEVE THAT A NOTAM IS

MISSING, INCOMPLETE, OR INACCURATE MUST NOTIFY THE AIRPORT OPERATOR.

AT THE ONSET OF CONSTRUCTION ACTIVITIES, THE CONTRACTOR SHALL PROVIDE A

TENTATIVE SCHEDULE, THROUGH THE OWNER’S REPRESENTATIVE, TO AIRFIELD

OPERATIONS REGARDING ALL POTENTIAL AOA FEATURES THAT WILL REQUIRE A

CLOSURE OR MULTIPLE CLOSURES THROUGHOUT THE CONSTRUCTION OF THE PROJECT. THE CONTRACTOR SHALL SUBMIT SPECIFIC CLOSURE REQUESTS FOR RUNWAY(S), TAXIWAY(S) OR

OTHER AOA FEATURES WELL IN ADVANCE OF THE PLANNED CLOSURES AT THE AIRFIELD

OPERATIONS CONSTRUCTION COORDINATION MEETINGS. ANY NOTAMS REQUIRED

SHALL BE COORDINATED WITH AIRFIELD OPERATIONS, THROUGH THE OWNER’S

REPRESENTATIVE, AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE OF THE ACTUAL

CLOSURE.

C. EMERGENCY NOTIFICATION PROCEDURES FOR MEDICAL, FIRE FIGHTING, AND POLICE

RESPONSE. ALL LIFE OR DEATH RELATED EMERGENCY SITUATIONS WILL REQUIRE THE

CONTRACTOR OR CONTRACTOR PERSONNEL TO CONTACT THE AIRPORT OPERATIONS

CONTROL CENTER (AOCC) AT 787-253-0979. THE AOCC WILL NOTIFY THE

APPROPRIATE AGENCIES REQUIRED FOR THE HANDLING OF THE EMERGENCY. THE

CONTRACTOR SHALL ALSO CONTACT THE OWNER’S REPRESENTATIVE AND AEROSTAR

AIRFIELD OPERATIONS OF ALL SUCH MATTERS.

D. COORDINATION WITH ARFF. THE CONTRACTOR SHALL HAVE A PLAN OF ACTION FOR

COORDINATING, THROUGH THE OWNER’S REPRESENTATIVE, WITH ARFF PERSONNEL, MUTUAL AID PROVIDERS, AND OTHER EMERGENCY SERVICES IF CONSTRUCTION

REQUIRES: THE DEACTIVATION AND SUBSEQUENT REACTIVATION OF WATER LINES OR

FIRE HYDRANTS, OR THE REROUTING, BLOCKING AND RESTORATION OF EMERGENCY

ACCESS ROUTES, OR THE USE OF HAZARDOUS MATERIALS ON THE AIRFIELD. ANY

WELDING OR TORCH CUTTING TASK.

E. NOTIFICATION TO THE FAA

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1. PART 77. ALL CONTRACTOR CONSTRUCTION ACTIVITIES OR ALTERATION OF OBJECTS

THAT WILL AFFECT THE NAVIGABLE AIRSPACE, AS DEFINED IN PART 77, MUST BE

IDENTIFIED AND APPROVED BY THE OWNER’S REPRESENTATIVE, AIRFIELDS

OPERATIONS AND THE FAA. THIS INCLUDES CONSTRUCTION EQUIPMENT AND

PROPOSED PARKING AREAS FOR THEIR EQUIPMENT (I.E. CRANES, GRADERS, OTHER

EQUIPMENT) ON AIRPORTS. THE FAA FORM 7460-1 “NOTICE OF PROPOSED

CONSTRUCTION OR ALTERATION”, SHALL BE USED FOR THIS PURPOSE AND

SUBMITTED TO THE FAA ORLANDO AIRPORTS DISTRICT OFFICE BY AEROSTAR

PRIOR TO THE CONSTRUCTION AWARD OF THE CONTRACT. ALL ALTERATIONS DURING

THE CONSTRUCTION OF THE PROJECT SHALL BE RESUBMITTED BY THE CONTRACTOR, OWNER’S REPRESENTATIVE AND AEROSTAR FOR THE FAA’S APPROVAL.

2. PART 157. W ITH SOME EXCEPTIONS, TITLE 14 CFR PART 157, NOTICE OF

CONSTRUCTION, ALTERATION, ACTIVATION, AND DEACTIVATION OF AIRPORTS, REQUIRES THAT THE AIRPORT OPERATOR NOTIFY THE FAA IN WRITING WHENEVER A

NON-FEDERALLY FUNDED PROJECT INVOLVES THE CONSTRUCTION OF A NEW

AIRPORT; THE CONSTRUCTION, REALIGNING, ALTERING, ACTIVATING, OR ABANDONING

OF A RUNWAY, LANDING STRIP, OR ASSOCIATED TAXIWAY; OR THE DEACTIVATION OR

ABANDONING OF AN ENTIRE AIRPORT. THIS NOTIFICATION INVOLVES SUBMITTING OF

THE FAA FORM 7480-1 “NOTICE OF LANDING AREA PROPOSAL”, TO THE ORLANDO

FAA AIRPORTS DISTRICT OFFICE BY AEROSTAR. 3. NAVAIDS. FOR EMERGENCY (SHORT-NOTICE) NOTIFICATION ABOUT IMPACTS TO BOTH

AIRPORT OWNED AND FAA OWNED NAVAIDS, CONTACT: 787-379-1100 OR THE

AEROSTAR AIRPORT OPERATIONS.

I. AIRPORT OWNED/FAA MAINTAINED. IF CONSTRUCTION OPERATIONS REQUIRE A

SHUTDOWN OF MORE THAN 24 HOURS, OR MORE THAN 4 HOURS DAILY ON

CONSECUTIVE DAYS, OF A NAVAID OWNED BY THE AIRPORT BUT MAINTAINED BY

THE FAA, THE CONTRACTOR SHALL PROVIDE A 30-DAY MINIMUM NOTICE TO

AEROSTAR AIRPORT OPERATIONS PRIOR TO FACILITY SHUTDOWN.

II. FAA OWNED.

- THE CONTRACTOR, AIRFIELD OPERATIONS AND OWNER’S REPRESENTATIVE

SHALL NOTIFY THE APPROPRIATE FAA ATO SERVICE AREA PLANNING AND

REQUIREMENTS (P&R) GROUP A MINIMUM OF 45 DAYS PRIOR TO

IMPLEMENTING AN EVENT THAT CAUSES IMPACTS TO NAVAIDS. (IMPACTS TO

FAA EQUIPMENT MAY BE COVERED BY A REIMBURSABLE AGREEMENT (RA) DO

NOT HAVE TO BE REPORTED BY THE SJU).

- THE CONTRACTOR, AEROSTAR AIRFIELD OPERATIONS AND OWNER’S

REPRESENTATIVE SHALL COORDINATE WORK FOR A FAA OWNED NAVAID

SHUTDOWN WITH THE LOCAL FAA ATO/TECHNICAL OPERATIONS OFFICE/FAA

ATCT, INCLUDING ANY NECESSARY REIMBURSABLE AGREEMENTS AND FLIGHT

CHECKS. THE CONTRACTOR SHALL DETAIL PROCEDURES THAT ADDRESS

UNANTICIPATED UTILITY OUTAGES AND CABLE CUTS THAT COULD IMPACT FAA

NAVAIDS. IN ADDITION, THIRTY (30) DAYS ADVANCED NOTICE IS REQUIRED

TO SCHEDULE THE ACTUAL SHUTDOWN.

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211. INSPECTION REQUIREMENTS.

A. DAILY INSPECTIONS. INSPECTIONS SHOULD CONDUCTED AT LEAST DAILY, BUT MORE

FREQUENTLY IF NECESSARY TO ENSURE CONFORMANCE WITH THE CSPP. A SAMPLE

CHECKLIST IS PROVIDED IN APPENDIX 4 OF THE FAA AC 150/5370-2 “OPERATIONAL

SAFETY ON AIRPORTS DURING CONSTRUCTION” (LATEST EDITION) IS DESCRIBED IN

CHAPTER 3 PARAGRAPH 324 OF THE CSPP, TO BE UTILIZED BY THE CONTRACTOR. THE

OWNER’S REPRESENTATIVE WILL HAVE FULL TIME INSPECTORS MONITORING ACTIVITY

THROUGHOUT CONSTRUCTION. THE CONTRACTOR WILL ALSO BE REQUIRED TO CONDUCT

DAILY INSPECTIONS PER GP-100 CONTRACTORS QUALITY CONTROL PROGRAM AS

OUTLINED IN FAA AC 150/5370-10 “STANDARDS FOR SPECIFYING CONSTRUCTION OF

AIRPORTS” (LATEST EDITION).

PRIOR TO OPENING ANY WORK AREA OR PHASE FOR AIRCRAFT TRAFFIC USE, THE

OWNER’S REPRESENTATIVE WILL ARRANGE FOR AN INSPECTION BY OWNER’S

REPRESENTATIVE AND AIRFIELD OPERATIONS. ALL AREAS WILL BE SUBJECT TO

INSPECTION BY AIRFIELD OPERATIONS AND THE FAA AT ANY TIME AND NOTED

DEFICIENCIES SHALL BE CORRECTED BY THE CONTRACTOR IMMEDIATELY.

B. FINAL INSPECTIONS. ALL EXTENDED RUNWAY CLOSURES MAY REQUIRE SAFETY

INSPECTIONS AT CERTIFICATED AIRPORTS PRIOR TO ALLOWING AIR CARRIER SERVICE. AIRFIELD OPERATIONS AND THE OWNER’S REPRESENTATIVE SHALL COORDINATE WITH

THE FAA AIRPORT CERTIFICATION SAFETY INSPECTOR (ACSI) TO DETERMINE IF A FINAL

INSPECTION WILL BE NECESSARY. PERSONNEL FROM THE FAA, AEROSTAR, DESIGN

TEAM, OWNER’S REPRESENTATIVE AND CONTRACTOR WILL CONDUCT A FINAL

INSPECTION AT THE COMPLETION OF THE CONSTRUCTION OF THE PROJECT. ALL

DISCREPANCIES FROM THE CONTRACT DOCUMENTS, IDENTIFIED DURING THE

SUBSTANTIAL COMPLETION INSPECTIONS, MUST HAVE BEEN CORRECTED BY THE

CONTRACTOR PRIOR TO THE FINAL COMPLETION INSPECTION.

212. UNDERGROUND UTILITIES. THE CSPP OUTLINES PROCEDURES FOR LOCATING AND

PROTECTING EXISTING UNDERGROUND UTILITIES, CABLES, WIRES, PIPELINES, AND OTHER

UNDERGROUND FACILITIES IN EXCAVATION AREAS. THIS INVOLVES COORDINATING WITH

PUBLIC UTILITIES AND FAA ATO/TECHNICAL OPERATIONS. SEE PARAGRAPH 207.B.3 FOR

DETAILED PROCEDURES RELATED TO UNDERGROUND UTILITIES. AT SJU, ALL FAA UTILITIES

ARE LOCATED BY FAA PERSONNEL WORKING AT SJU, UPON A TIMELY REQUEST MADE BY THE

CONTRACTOR AND OWNER’S REPRESENTATIVE THROUGH AEROSTAR. 213. PENALTIES. PENALTY FOR NONCOMPLIANCE WITH FAA AND/OR AIRPORT RULES AND

REGULATIONS AND THE SAFETY PLANS (FOR EXAMPLE, IF A VEHICLE IS INVOLVED IN A

RUNWAY INCURSION, LOST/NO/EXPIRED BADGE, LOST/NO/EXPIRED VEHICLE DECAL) WILL BE

THE SOLE RESPONSIBILITY OF THE CONTRACTOR. SUCH PENALTIES CAN TYPICALLY INCLUDE

RESCISSION OF DRIVING PRIVILEGES OR ACCESS TO THE AOA AND/OR FINES ASSESSED FOR

VIOLATIONS BY THE GOVERNING AGENCIES. ALL SIDA VIOLATIONS WILL BE ASSESSED BY

AIRFIELD OPERATIONS AND THE AEROSTAR BADGING OFFICE.

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214. SPECIAL CONDITIONS. DURING PERIODS OF SEVERE WEATHER CONDITIONS OR OTHER

SPECIAL OPERATIONAL EMERGENCIES, AEROSTAR AIRFIELD OPERATIONS AND THE

OWNER’S REPRESENTATIVE MAY DIRECT THE CONTRACTOR TO RELINQUISH AREAS UNDER

CONSTRUCTION AND TO PREPARE THE AREAS FOR THE SEVERE WEATHER OR AIRCRAFT

OPERATIONS. OTHER SPECIAL OPERATIONAL EMERGENCIES MAY INCLUDE LOW-VISIBILITY

OPERATIONS, AIRCRAFT IN DISTRESS, AIRCRAFT ACCIDENT, SECURITY BREACH, VEHICLE/PEDESTRIAN DEVIATION (VPD) AND OTHER ACTIVITIES REQUIRING CONSTRUCTION

SUSPENSION/RESUMPTION. IN THIS EVENT THE OWNER’S REPRESENTATIVE AND

AEROSTAR AIRFIELD OPERATIONS WILL DIRECT THE CONTRACTOR TO EVACUATE THE

AREA. THE OWNER’S REPRESENTATIVE WILL SPECIFY THE LIMITS OF THE AREA TO BE

EVACUATED, THE TERM OF EVACUATION, AND THE CONDITIONS GOVERNING THE

RESTORATION WORK NECESSARY TO PREPARE THE AREA FOR AIRCRAFT OPERATIONS. THE

CONTRACTOR SHALL PROMPTLY AND FULLY COMPLY WITH THE OWNER’S REPRESENTATIVE’S

DIRECTIVE. SHOULD THE DIRECTIVE ENTAIL A DELAY IN THE COMPLETION OF THE CONTRACT

OR ANY DEFINED SUBDIVISION OF THE CONTRACT, AS DETERMINED BY THE OWNER’S

REPRESENTATIVE, THE CONTRACTOR MAY BE GRANTED AN EXTENSION OF TIME IN

ACCORDANCE WITH THE PROVISIONS OF GENERAL CONDITIONS OF THE CONTRACT

DOCUMENTS. 215. RUNWAY AND TAXIWAY AIDS. THE CONTRACTOR SHALL ENSURE THAT AIRFIELD MARKING,

LIGHTING, SIGNS, AND VISUAL NAVAIDS, THAT AIRCRAFT RELY ON AND WHERE AIRCRAFT

ARE OPERATING, ARE PROTECTED AND CLEARLY AND VISIBLY SEPARATED FROM

CONSTRUCTION AREAS. THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT, THE

CONTRACTOR SHALL ENSURE THAT CONSTRUCTION AREAS ARE CLEARLY MARKED AND

VISIBLE AT ALL TIMES AND THAT MARKING, LIGHTING, SIGNS, AND VISUAL NAVAIDS, THAT

ARE TO REMAIN OPERATIONAL, ARE PROTECTED, REMAIN IN PLACE AND REMAIN

OPERATIONAL. 216. MARKING AND SIGNS FOR ACCESS ROUTES. THE PAVEMENT MARKINGS AND SIGNS FOR

CONSTRUCTION PERSONNEL SHALL CONFORM TO THE FAA AC 150/5340-18 “STANDARD

FOR AIRPORT SIGN SYSTEMS” (LATEST EDITION) AND THE FEDERAL HIGHWAY

ADMINISTRATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR

DEPARTMENT OF TRANSPORTATION DESIGN STANDARDS OR SPECIFICATIONS. SIGNS

ADJACENT TO AREAS USED BY AIRCRAFT MUST COMPLY WITH THE FRANGIBILITY

REQUIREMENTS OF FAA AC 150/5220-23, “FRANGIBLE CONNECTIONS” (LATEST EDITION), WHICH MAY REQUIRE MODIFICATION TO SIZE AND HEIGHT GUIDANCE PROVIDED IN THE

MUTCD AND FDOT DESIGN STANDARDS AND SPECIFICATIONS.

THE CONTRACTOR MUST PROVIDE APPROVED ROADWAY SIGNAGE IN PUBLIC ROADWAYS

LEADING TO THE AIRPORT ACCESS ROUTES. THE CONTRACTOR WILL ACCESS THE AIRPORT

THRU THE PR-187 (AVENIDA GOBERNADORES) AND GATE #4, PR-3 (AVENIDA BALDORIOTY

DE CASTRO) AND GATE #11; AND AVENIDA SANTANA AND GATE #2.

217. HAZARD MARKING, LIGHTING AND SIGNING.

A. HAZARD MARKING, LIGHTING AND SIGNING. THE HAZARD MARKINGS, LIGHTING AND

SIGNAGE PREVENT PILOTS FROM ENTERING AREAS CLOSED TO AIRCRAFT; THEY ALSO

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PREVENTS CONSTRUCTION PERSONNEL FROM ENTERING AREAS OPEN TO AIRCRAFT

OPERATIONS.

THE CONTRACTOR IS DIRECTED TO PROVIDE HAZARD MARKING AND LIGHTING AS

SPECIFIED TO IDENTIFY OPEN MANHOLES, TRENCHES, SMALL AREAS UNDER REPAIR, STOCKPILED MATERIAL, WASTE AREAS, AND AREAS SUBJECT TO JET BLAST. THE

CONTRACTOR SHALL STAY CLEAR OF ALL FAA, SJU, AND NATIONAL WEATHER SERVICE

FACILITIES CABLES AND POWER LINES; INSTRUMENT LANDING SYSTEM (ILS) CRITICAL

AREAS; AIRPORT SURFACES, SUCH AS RSA, TSA, OFA, AND OFZ.

B. EQUIPMENT.

1. LIGHTS MUST BE RED , EITHER STEADY BURNING OR FLASHING, AND MUST MEET THE

LUMINANCE REQUIREMENTS OF THE STATE HIGHWAY DEPARTMENT.. BATTERIES

POWERING LIGHTS WILL LAST LONGER IF LIGHTS FLASH. THESE LIGHTS MUST BE

AFFIXED ON THE BARRICADES. LIGHTS MUST BE MOUNTED BARRICADES AND SPACED

AT NO MORE THAN 10 FEET APART. LIGHTS MUST OPERATED BETWEEN SUNSET AND

SUNRISE AND DURING PERIODS OF LOW VISIBILITY WHENEVER THE AIRPORT IS OPEN

FOR OPERATIONS. THEY MAY BE OPERATED BY PHOTOCELL, BUT THIS MAY REQUIRE

THAT THE CONTRACTOR TO TURN THEM ON MANUALLY DURING PERIODS OF LOW

VISIBILITY DURING DAYTIME HOURS. 2. SUPPLEMENT BARRICADES WITH SIGNS. THE CONTRACTOR SHALL PROVIDE

ADDITIONAL SIGNS (FOR EXAMPLE “NO ENTRY,” “NO VEHICLES”) AS NECESSARY. 3. AIR OPERATIONS AREA -GENERAL BARRICADES SHALL NOT BE PERMITTED IN ANY

ACTIVE RUNWAY, TAXIWAY OR TAXILANE SAFETY AREA. W ITHIN A RUNWAY OR

TAXIWAY OBJECT FREE AREA, AND ON APRONS, USE ORANGE TRAFFIC CONES OR

COLLAPSIBLE BARRICADES MARKED WITH DIAGONAL WITH ALTERNATING ORANGE AND

WHITE STRIPES; ALONG WITH FLASHING OR STEADY BURNING RED LIGHTS AS NOTED

ABOVE, AND/OR SIGNS TO SEPARATE ALL CONSTRUCTION/MAINTENANCE AREAS FROM

THE MOVEMENT AREA. ALL BARRICADES SHALL BE SUPPLEMENTED WITH

ALTERNATING ORANGE AND WHITE FLAGS AT LEAST 20 INCHES BY 20 INCHES SQUARE

AND SECURELY FASTENED TO ELIMINATE FOD. ALL BARRICADES ADJACENT TO ANY

OPEN RUNWAY, TAXIWAY OR TAXILANE SAFETY AREA, OR APRON MUST BE AS LOW AS

POSSIBLE TO THE GROUND, AND NO MORE THAN 18 INCHES HIGH, EXCLUSIVE OF

SUPPLEMENTARY LIGHTS AND FLAGS. BARRICADES MUST BE OF LOW MASS; EASILY

COLLAPSIBLE UPON CONTACT WITH AN AIRCRAFT OR ANY OF ITS COMPONENTS; AND

WEIGHTED OR STURDILY ATTACHED TO THE SURFACE TO PREVENT DISPLACEMENT

FROM PROP WASH, JET BLAST, WING VORTEX, OR OTHER SURFACE WIND CURRENTS. IF AFFIXED TO THE SURFACE (ON APRONS ONLY), THEY MUST BE FRANGIBLE AT GRADE

LEVEL OR AS LOW AS POSSIBLE, BUT NOT TO EXCEED 3 INCHES ABOVE THE GROUND. 4. AIR OPERATIONS AREA – OTHER. BEYOND RUNWAY, TAXIWAY AND TAXILANE OBJECT

FREE AREAS AND APRONS, BARRICADES INTENDED FOR CONSTRUCTION VEHICLES

AND PERSONNEL MAY BE DIFFERENT SHAPES AND MADE FROM VARIOUS MATERIALS, INCLUDING RAILROAD TIES, SAWHORSES, JERSEY BARRIERS, OR BARRELS.

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5. MAINTENANCE. THE CONSTRUCTION SPECIFICATIONS AND DRAWINGS PROVIDE A

PROVISION REQUIRING THE CONTRACTOR TO HAVE A PERSON ON CALL 24 HOURS A

DAY FOR EMERGENCY MAINTENANCE OF AIRPORT HAZARD LIGHTING AND

BARRICADES. THE CONTRACTOR MUST FILE THE CONTACT PERSON’S INFORMATION

WITH THE OWNER’S REPRESENTATIVE, AEROSTAR AIRFIELD OPERATIONS AND FAA

ATCT. LIGHTING SHOULD BE CHECKED FOR PROPER OPERATION AT LEAST ONCE PER

DAY, PREFERABLY AT DUSK. 218. PROTECTION OF RUNWAY AND TAXIWAY SAFETY AREAS. RUNWAY AND TAXIWAY SAFETY

AREAS, OBSTACLE FREE ZONES, OBJECT FREE AREAS, AND APPROACH SURFACES ARE

DESCRIBED IN FAA AC 150/5300-13 “AIRPORT DESIGN” (LATEST EDITION). PROTECTION OF

THESE AREAS INCLUDES LIMITATIONS ON THE LOCATION AND HEIGHT OF EQUIPMENT AND

STOCKPILED MATERIAL. THE PHASING PLANS ARE DESIGNED SUCH THAT ALL CONSTRUCTION

ACTIVITIES WILL REMAIN CLEAR OF ALL APPLICABLE SAFETY AREAS, OBJECT FREE AREAS, OBSTACLE FREE ZONES AND APPROACH DEPARTURE SURFACES. FOR THIS PROJECT

CONTRACTOR VEHICLES AND EQUIPMENT HEIGHTS SHALL NOT EXCEED 20 FEET.

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219. OTHER LIMITATIONS ON CONSTRUCTION. THE CONSTRUCTION ACTIVITIES SHALL SATISFY

OTHER LIMITATIONS, INCLUDING BUT NOT LIMITED TO:

A. PROHIBITIONS. 1. NO USE OF TALL EQUIPMENT (CRANES, CONCRETE PUMPS, AND SO ON) WITH HEIGHTS

EXCEEDING 20 FEET WILL BE PERMITTED DURING THE CONSTRUCTION OF THIS

PROJECT, UNLESS A FAA FORM 7460-1 “NOTICE OF PROPOSED CONSTRUCTION OR

ALTERATION”, DETERMINATION LETTER IS ISSUED FOR SUCH EQUIPMENT.

2. NO USE OF OPEN FLAME WEL ING OR TORCHES WILL BE PERMITTED FOR THIS

PROJECT. SPARK PRODUCING POWER TOOLS AND CHIPPING OPERATIONS ARE

PROHIBITED UNLESS FIRE AND SAFETY PRECAUTIONS HAS BEEN TAKEN AND THE

PROCEDURE APPROVED. THE CONTRACTOR SHALL OBTAIN AND AIRPORT HOT WORK

PERMIT FROM THE AIRPORT RESCUE AND FIRE FIGHTERS (AARF) DEPARTMENT FOR

THIS KIND OF WORK.

3. NO USE OF ELECTRICAL BLASTING CAPS ON OR WITHIN 1,000 FEET (300 M) OF THE

AIRPORT PROPERTY. SEE FAA AC 150/5370-10 “STANDARDS FOR SPECIFYING

CONSTRUCTION OF AIRPORTS” (LATEST EDITION).

4. NO USE OF FLARE POTS WILL BE PERMITTED WITHIN THE AOA FOR THE

CONSTRUCTION OF THIS PROJECT.

5. ALL VARIATIONS TO THE PHASING DRAWINGS PROVIDED IN THE CONTRACT

DOCUMENTS OF THIS PROJECT SHALL APPROVED AIRFIELD OPERATIONS AND THE

FAA. CONTRACTOR IS EXPECTED TO UTILIZE THE PHASING DRAWINGS PROVIDED

WITHIN THE CONTRACT DOCUMENTS AND OTHER ITEMS OUTLINED IN THIS CSPP

DURING THE CONSTRUCTION OF THIS PROJECT.

B. RESTRICTIONS

1. CONSTRUCTION SUSPENSION REQUIRED DURING SPECIFIC AIRPORT OPERATIONS. IF

THE CONTRACTOR IS REQUIRED TO CEASE CONSTRUCTION ACTIVITIES DUE TO

SPECIAL AIRPORT OPERATIONAL RESTRICTIONS THE CONTRACTOR SHALL BE

GRANTED AN EXTENSION OF TIME IN ACCORDANCE WITH THE PROVISIONS OF

GENERAL CONDITIONS OF THESE CONTRACT DOCUMENTS.

2. AREAS THAT CANNOT BE WORKED ON SIMULTANEOUSLY. NO RESTRICTIONS FOR

SIMULTANEOUS WORK ARE INCLUDED IN THE PHASING PLAN.

3. DAY OR NIGHT CONSTRUCTION RESTRICTIONS. THE CONSTRUCTION ACTIVITIES ON

THE AOA ARE ANTICIPATED TO BE CONSTRUCTED DURING DAY TIME HOURS.

4. SEASONAL CONSTRUCTION RESTRICTIONS. THERE ARE NO SEASONAL CONSTRUCTION

RESTRICTIONS. THE PROJECT DURATION ACCOUNTS FOR THE RAINY SEASON

TYPICALLY EXPERIENCED IN PUERTO RICO.

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SECTION 3. PREPARATION OF A SAFETY PLAN COMPLIANCE DOCUMENT BY CONTRACTOR 301. OVERVIEW

THE SAFETY PLAN COMPLIANCE DOCUMENT (SPCD) SHALL BE PREPARED BY THE SELECTED

CONTRACTOR FOR THE APPROVAL FROM AEROSTAR, OWNER’S REPRESENTATIVE, FAA

ATCT, AT THE ONSET OF THE MOBILIZATION PHASE OF CONSTRUCTION. THE SAFETY PLAN

COMPLIANCE DOCUMENT (SPCD) WILL SUPPLEMENT THE CONSTRUCTION SAFETY AND

PHASING PLAN (CSPP) DOCUMENT WRITTEN TO COMPLY WITH THE FAA AC 150/5370-2

“OPERATIONAL SAFETY AT AIRPORTS DURING CONSTRUCTION” (LATEST EDITION). THE

CSPP AND SPCD ARE ORGANIZED BY NUMBERING SECTIONS WHICH CORRESPOND TO EACH

SUBJECT LISTED IN CHAPTER 2, SECTION 1, PARAGRAPH 204, AND DESCRIBED IN DETAIL IN

CHAPTER 2, SECTION 2 FAA AC 150/5370-2 “OPERATIONAL SAFETY ON AIRPORTS DURING

CONSTRUCTION” (LATEST EDITION). THE SUPPLEMENTAL SPCD SHALL ALSO FOLLOW

SIMILAR NUMBERING SYSTEM.

THE SPCD IS MANDATORY FOR AIRPORT CONSTRUCTION PROJECTS RECEIVING FUNDS

UNDER THE AIRPORT IMPROVEMENT PROGRAM (AIP) OR THE PASSENGER FACILITY(PFC)

PROGRAM. THE SPCD SHOULD INCLUDE A GENERAL STATEMENT BY THE CONSTRUCTION

CONTRACTOR THAT HE/SHE HAS READ AND WILL ABIDE BY THE CONSTRUCTION SAFETY AND

PHASING PLAN (CSPP). IN ADDITION, THE SPCD MUST INCLUDE ALL SUPPLEMENTAL

INFORMATION THAT COULD NOT BE INCLUDED IN THE CSPP PRIOR TO THE CONTRACT AWARD. THE CONTRACTOR STATEMENT SHOULD INCLUDE THE NAME OF THE CONTRACTOR, THE TITLE

OF THE PROJECT CSPP, THE APPROVAL DATE OF THE CSPP, AND A REFERENCE TO ANY

SUPPLEMENTAL INFORMATION SUCH AS: “I (NAME OF CONTRACTOR’S CONTRACT SIGNEE/CONSTRUCTION COMPANY NAME), HAVE

READ THE “SECURITY PERIMETER FENCE PROJECT ”CSPP, APPROVED ON (DATE), AND WILL

ABIDE BY IT AS WRITTEN AND WITH THE FOLLOWING ADDITIONS AS NOTED:” THE SUPPLEMENTAL INFORMATION IN THE SPCD SHOULD BE WRITTEN TO MATCH THE

FORMAT OF THE CSPP INDICATING EACH SUBJECT BY CORRESPONDING CSPP SUBJECT

NUMBER AND TITLE, PER CHAPTER 2 OF THIS REPORT. IF NO SUPPLEMENTAL INFORMATION

IS NECESSARY FOR ANY SPECIFIC SUBJECT, THE STATEMENT, “NO SUPPLEMENTAL

INFORMATION,” SHOULD BE WRITTEN AFTER THE CORRESPONDING SUBJECT TITLE. THE

SPCD SHOULD NOT DUPLICATE INFORMATION IN THE CSPP.

302. CONTRACTOR’S RESPONSIBILITIES. THE CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH

THE CSPP AND SPCD. THE CONTRACTOR MUST:

A. SUBMIT A SAFETY PLAN COMPLIANCE DOCUMENT (SPCD) TO THE AIRPORT OPERATOR

DESCRIBING HOW IT WILL COMPLY WITH THE REQUIREMENTS OF THE CSPP AND

SUPPLYING ANY DETAILS THAT COULD NOT BE DETERMINED BEFORE CONTRACT AWARD. THE SPCD MUST INCLUDE A CERTIFICATION STATEMENT BY THE CONTRACTOR THAT

INDICATES IT UNDERSTANDS THE OPERATIONAL SAFETY REQUIREMENTS OF THE CSPP

AND IT ASSERTS IT WILL NOT DEVIATE FROM THE APPROVED CSPP AND SPCD UNLESS

WRITTEN APPROVAL IS GRANTED BY THE AIRPORT OPERATOR. ANY CONSTRUCTION

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PRACTICE PROPOSED BY THE CONTRACTOR THAT DOES NOT CONFORM TO THE CSPP

AND SPCD MAY IMPACT THE AIRPORT’S OPERATIONAL SAFETY AND WILL REQUIRE A

REVISION TO THE CSPP AND SPCD AND RECOORDINATION WITH THE AIRPORT

OPERATOR AND THE FAA IN ADVANCE.

B. HAVE AVAILABLE AT ALL TIMES COPIES OF THE CSPP AND SPCD FOR REFERENCE BY

THE AIRPORT OPERATOR AND ITS REPRESENTATIVES, AND BY SUBCONTRACTORS AND

CONTRACTOR EMPLOYEES.

C. ENSURE THAT CONSTRUCTION PERSONNEL ARE FAMILIAR WITH SAFETY PROCEDURES

AND REGULATIONS ON THE AIRPORT. PROVIDE A POINT OF CONTACT WHO WILL

COORDINATE AN IMMEDIATE RESPONSE TO CORRECT ANY CONSTRUCTION-RELATED

ACTIVITY THAT MAY ADVERSELY AFFECT THE OPERATIONAL SAFETY OF THE AIRPORT. MANY PROJECTS WILL REQUIRE 24-HOUR COVERAGE.

D. IDENTIFY IN THE SPCD THE CONTRACTOR’S ON-SITE EMPLOYEES RESPONSIBLE FOR

MONITORING COMPLIANCE WITH THE CSPP AND SPCD DURING CONSTRUCTION. AT

LEAST ONE OF THESE EMPLOYEES MUST BE ON-SITE WHENEVER ACTIVE CONSTRUCTION

IS TAKING PLACE.

E. CONDUCT INSPECTIONS SUFFICIENTLY FREQUENTLY TO ENSURE CONSTRUCTION

PERSONNEL COMPLY WITH THE CSPP AND SPCD AND THAT THERE ARE NO ALTERED

CONSTRUCTION ACTIVITIES THAT COULD CREATE POTENTIAL SAFETY HAZARDS.

F. RESTRICT MOVEMENT OF CONSTRUCTION VEHICLES AND PERSONNEL TO PERMITTED

CONSTRUCTION AREAS BY FLAGGING, BARRICADING, ERECTING TEMPORARY FENCING, OR PROVIDING ESCORTS, AS APPROPRIATE AND AS SPECIFIED IN THE CSPP AND SPCD.

G. ENSURE THAT NO CONTRACTOR EMPLOYEES, EMPLOYEES OF SUBCONTRACTORS OR

SUPPLIERS, OR OTHER PERSONS ENTER ANY PART OF THE AIR OPERATIONS AREA (AOA)

FROM THE CONSTRUCTION SITE UNLESS AUTHORIZED.

H. ENSURE PROMPT SUBMITTAL THROUGH THE AIRPORT OPERATOR OF FORM 7460-1 FOR

THE PURPOSE OF CONDUCTING AN AERONAUTICAL STUDY OF CONTRACTOR EQUIPMENT

SUCH AS TALL EQUIPMENT (CRANES, CONCRETE PUMPS, OTHER EQUIPMENT), STOCK

PILES, AND HAUL ROUTES WHEN DIFFERENT FROM CASES PREVIOUSLY FILED BY THE

AIRPORT OPERATOR. THE FAA ENCOURAGES ONLINE SUBMITTAL OF FORMS FOR EXPEDIENC.