HomeMy WebLinkAbout2016-06-21-Meeting AgendaCommission Meeting Agenda
Commission Chamber
6/21/2016
2:00 PM
INVOCATION:Dr. Sam Davis, Pastor Beulah Grove Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Certified County Commissioner
A. Congratulations! Commissioner Mary Davis on the occasion of
completing all required course work for your certificate of recognition as
a Certified County Commissioner from the University of Georgia Carl
Vinson Institute of Government and the Association of County
Commissioners of Georgia (ACCG).
Attachments
Chief Probation Officer
B.Introduction of ARC Chief Probation Officer. (Requested by
Administrator Janice Jackson)
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Mr. Bobby G. Hankerson regarding the resurfacing of Toms Drive in
Breeze Hill and the installation of street lights on Barton Chapel Road.
Attachments
D. Mr. W. Michael Strickland regarding social injustice and safety
concerns of the Harrisburg-West End underserved citizens.
Attachments
CONSENT AGENDA
(Items 1-25)
PLANNING
1. Z-16-18-SP – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions stated below a
petition by Gordon Group Development LLC requesting to establish an
amenity storage area for the Village at Goshen Subdivision per
Section 26-1 (i) and Section 12 of the Comprehensive Zoning Ordinance
for Augusta-Richmond County affecting property containing
approximately .95 acres and located on the southwest corner of the
intersection of Goshen Road and Valencia Lane. Part 1495 Goshen
Road - Tax Map 199-0-088-00-0 DISTRICT 8 The proposed
storage amenity facility shall be for the use of the residents of the Village
at Goshen only. The proposed construction for the storage amenity
facility shall be limited to no more than forty (40) storage units; five (5)
of which can be garage units. The structures must be set back at least
fifty (50) feet from property lines separating the property from
contiguous properties zoned or developed for residential use. The
structures must be set back at least twenty-five (25) feet from the right-
of-way of Goshen Road. The storage amenity facility shall be
landscaped in keeping with the existing landscaping in the subdivision.
The existing fence and landscape buffer along Goshen Road, located to
the east or rear of the proposed storage amenity facility, shall remain
undisturbed. If the facility is to be fenced all fencing must be
comprised of a material that complements the style of the proposed
storage amenity facility and/or matches existing fencing. Access to
the storage amenity facility area will cease at 11:00 P.M.
Attachments
2. Z-16-19 - A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions stated below a petition by
Gordon Group Development LLC requesting a change of zoning from
Zone R-1D (One-family Residential) to Zone R-3C (Multiple-family
Residential) affecting property as follows: Tract A: Containing
approximately .2 acres and beginning at a point located on the southwest
right-of-way line of Valencia Lane, 96 feet, more or less, southeast of
where the centerline of Barcelona Way intersects; known as part of 1495
Goshen Road. Part of Tax Map 199-0-088-00-0 DISTRICT 8 Tract B:
Containing approximately 1.37 acres and beginning at a point located
where the southeast right-of-way line of Castellon Way intersection the
southwest right-of-way line of Valencia Lane; known as 4404 through
4422 (even numbers only) Castellon Way. Tax Maps 199-1-033-00-0
through 199-1-043-00-0 DISTRICT 8 Tract C: Containing
approximately 2.13 acres and beginning at a point located approximately
650 feet southeast of the proposed right-of-way of Tarragona Avenue;
Attachments
known as part of 1495 Goshen Road. Part of Tax Map 199-0-088-00-0
DISTRICT 8 The private roadway must comply with the specified
requirements of the Augusta’s Street and Road Technical Manual as it
relates to subgrade, base, and paving, as well as roadway width.
Structures must comply with Federal Emergency Management Agency
(FEMA) regulations and the Augusta Flood Damage Prevention
Ordinance, including the provision that all lots be three feet (3’) above
the Base Flood Elevation at the time of development. The
development must be consistent with the concept plan submitted on
05/04/2016. The developer must provide a sidewalk or walking path
that connects Valencia Lane to the future development areas consistent
with the concept plan approved as part of Z-15-45 (November 17, 2015).
Proposed building elevations and materials must be approved by the
Planning and Development Department Director or designee. The
site plan must comply with any other ordinances and regulations in effect
at the time of construction.
3. Z-16-20 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions stated below a petition by
TCA, LLC requesting a change of zoning from Zone R-1A (One-family
Residential) to Zone R-3B (Multiple-family Residential) affecting
property containing .41 acres and known as 1062 Bertram Road. Tax
Map 012-0-051-00-0 DISTRICT 7 The surrounding area is mostly
characterized by medium density multiple residential uses situated in the
R-3B (Multiple-family Residential) and B-2 (General Business) zones,
along with mini-warehouses and commercial structures, also located in
the B-2 (General Business) zone. The existing structure located on
the property is not connected to public sewer, but the concept plan
indicates the development will connect to the public sewer lines that
serve the existing Arborside apartment complex. The property must
comply with all aspects of the Augusta Tree Ordinance or applicable
landscaping standards. The proposal to rezone the property to R-3B
is consistent with the 2008 Comprehensive Plan and the existing
development patterns in the area. Traffic Engineering had no adverse
comments regarding this proposed project. If the Augusta
Engineering Department approves curb-cut access on the property,
acceleration and deceleration lanes may be required
Attachments
4. ZA-R-244 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend Section 3 – 12
(Special Building Setbacks) of the Comprehensive Zoning Ordinance for
Augusta, Georgia by deleting the special setback for Wrightsboro Road
from Barton Chapel Road to the Richmond/Columbia County line.
Attachments
PUBLIC SERVICES
5.Motion to approve New Ownership Application: A.N. 16-25: A request
by Cullene W. Schneider for an on premise consumption Liquor, Beer
and Wine License to be used in connection with 8th Street Bar and
Hookah Lounge located at 305 8th Street. District 1. Super District 9.
(Approved by Public Service Committee May 14, 2016)
Attachments
6.Motion to approve New Application: A.N. 16-26: A request by Frank
Benjamin for an on premise consumption Beer License to be used in
connection with Franks Bar-B-Que House located at 127 Laney Walker
Blvd. There will be Dance. District 1. Super District 9. (Approved by
Public Service Committee May 14, 2016)
Attachments
7.Motion to approve New Ownership Application: A.N. 16-24: request
by Patricia E. Sheehan for an on premise consumption Liquor, Beer and
Wine License to be used in connection with Beck's (Restaurant) located
at 2111 Kings Way. There will be Sunday Sales. District 1. Super
District 9. (Approved by Public Service Committee May 14, 2016)
Attachments
8.Motion to approve a Resolution to Enter Contract with Bateman
(Compass-USA). (Approved by Public Service Committee May 14,
2016)
Attachments
9.Motion to accept the selection of and enter into a contract with Griffin
Contracting as the Augusta Regional Airport contractor for the Airport
Rescue Fire Fighting (ARFF) Pavement Rehabilitation Project
as approve by the Augusta Aviation Commission at their May 26, 2016.
(Approved by Public Service Committee May 14, 2016)
Attachments
10.Motion to approve a new underground easement for Georgia Power at
the Augusta Regional Airport as approved by the Augusta Aviation
Commission at their May 26, 2016 Meeting. (Approved by Public
Service Committee May 14, 2016)
Attachments
11.Motion approve a Resolution authorizing the Mayor to execute
expedited FAA grants for the remaining Fiscal Year 2016 and for Fiscal
Year 2017 as requested by the Augusta Aviation Commission.
(Approved by Public Service Committee May 14, 2016)
Attachments
12.Motion to approve a Resolution authorizing the Mayor to execute
expedited GDOT grants for the remaining Fiscal Year 2016 and for
Fiscal Year 2017 as requested by the Augusta Aviation Commission.
(Approved by Public Service Committee May 14, 2016)
Attachments
13.Motion to approve RFP 16-179, Design and Installation of Playground
Equipment at Valley Park, to Dominica Recreation Products/Playcore
Wisconsin, DBA GameTime in the amount of $35,000. (Approved by
Public Service Committee May 14, 2016)
Attachments
ADMINISTRATIVE SERVICES
14.Motion to approve Commission Policy for the Drafting of Ordinances
and Code Amendments. (Approved by Administrative Services
Committee May 14, 2016)
Attachments
15.Motion to approve obtaining updated profile information (Talent Bank
Questionnaire) and attendance records on current consensus
appointments by the Augusta Commission. (Approved by
Administrative Service Committee May 14, 2016)
Attachments
16.Motion to approve an Ordinance to amend the Augusta, GA Code Title
One Chapter Two Article One Section 1-2-2 and Section 1-2-13 (Rule of
Procedure 1.01) relating to the time and place for Commission and
Committee meetings of the Augusta, Georgia Board of Commissioners;
to repeal all Code Sections and Ordinances and parts of Code Sections
and Ordinances in conflict herewith; to provide an effective date and for
other purposes. Waive Second Reading (Approved by Administrative
Services Committee May 14, 2016)
Attachments
PUBLIC SAFETY
17.Motion to approve entering into a Mutual Aid Agreement and an Attachments
Automatic Aid Agreement with the City of Grovetown, GA to provide
for the protection of life and property of the citizens of Augusta-
Richmond County, Georgia and the City of Grovetown and to authorize
the Mayor to execute the appropriate documents. (Approved by Public
Safety Committee May 14, 2016)
18.Motion to approve acceptance of a State grant in the amount of
$318,288 to support the operations of the Superior Court's Felony Drug
Court for the period July 1, 2016 through June 30, 2017. (Approved by
Public Safety Committee May 14, 2016)
Attachments
19.Motion to approve acceptance of a State grant in the amount of
$150,639 to support the operations of the Superior Court's Mental Health
Court for the period July 1, 2016 through June 30, 2017. (Approved by
Public Safety Committee May 14, 2016)
Attachments
20.Motion to approve acceptance of a State grant in the amount of $75,198
to support the operations of the Superior Court's Veterans Court for the
period July 1, 2016 through June 30, 2017. (Approved by Public
Safety Committee May 14, 2016)
Attachments
21.Motion to approve Scope of Work with TeamIA to upgrade Clerk of
Court Software. (Approved by Public Safety Committee May 14,
2016)
Attachments
ENGINEERING SERVICES
22.Motion to accept and appropriate $585,000 from Inman Solar
Incorporated (ISI) for reimbursement and coverage of costs associated
with Augusta’s participation in the Georgia Power Distributed
Generation (solar) Program. (Approved by Engineering Services
Committee May 14, 2016)
Attachments
23.Motion to approve the deeds of dedication, maintenance agreements,
and road resolutions submitted by the Engineering and Augusta Utilities
Departments for Southampton Subdivision, Section Two. (Approved by
Engineering Services Committee May 14, 2016)
Attachments
PETITIONS AND COMMUNICATIONS
24.Motion to approve the minutes of the regular meeting of the
Commission held June 7, 2016 and Special Called Meeting held June 14,
2016.
Attachments
APPOINTMENT(S)
25.Motion to approve the appointment of Don Bradley to the General
Aviation Commission (Daniel Field) to fill the unexpired term of Gloria
Dunbar representing District 2.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
6/21/2016
AUGUSTA COMMISSION
REGULAR AGENDA
6/21/2016
(Items 26-28)
PLANNING
26.Approve the updated Title VI Program for Transportation and Public
Transit Planning Pursuant to Federal regulations.
Attachments
PUBLIC SERVICES
27.Discuss Municipal Building parking lot renovations. (Requested by
Commissioner Marion Williams)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
Upcoming Meetings
www.augustaga.gov
C. Personnel.
28.Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
6/21/2016 2:00 PM
Invocation
Department:
Department:
Caption: Dr. Sam Davis, Pastor Beulah Grove Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Certified County Commissioner
Department:Clerk of Commission
Department:Clerk of Commission
Caption: Congratulations! Commissioner Mary Davis on the occasion of
completing all required course work for your certificate of
recognition as a Certified County Commissioner from the
University of Georgia Carl Vinson Institute of Government and
the Association of County Commissioners of Georgia (ACCG).
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Chief Probation Officer
Department:Administrator
Department:Administrator
Caption:Introduction of ARC Chief Probation Officer. (Requested by
Administrator Janice Jackson)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Bobby Hankerson
Department:Clerk of Commission
Department:Clerk of Commission
Caption: Mr. Bobby G. Hankerson regarding the resurfacing of Toms
Drive in Breeze Hill and the installation of street lights on Barton
Chapel Road.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
W. Michael Strickland
Department:
Department:
Caption: Mr. W. Michael Strickland regarding social injustice and safety
concerns of the Harrisburg-West End underserved citizens.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Z-16-18-SP
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-18-SP – A request for concurrence with the Augusta
Georgia Planning Commission to approve with the conditions
stated below a petition by Gordon Group Development LLC
requesting to establish an amenity storage area for the Village
at Goshen Subdivision per Section 26-1 (i) and Section 12 of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing approximately .95 acres and located
on the southwest corner of the intersection of Goshen Road and
Valencia Lane. Part 1495 Goshen Road - Tax Map 199-0-088-
00-0 DISTRICT 8 The proposed storage amenity facility
shall be for the use of the residents of the Village at Goshen only.
The proposed construction for the storage amenity facility
shall be limited to no more than forty (40) storage units; five (5) of
which can be garage units. The structures must be set back at
least fifty (50) feet from property lines separating the property
from contiguous properties zoned or developed for residential use.
The structures must be set back at least twenty-five (25) feet
from the right-of-way of Goshen Road. The storage amenity
facility shall be landscaped in keeping with the existing
landscaping in the subdivision. The existing fence and landscape
buffer along Goshen Road, located to the east or rear of the
proposed storage amenity facility, shall remain undisturbed. If
the facility is to be fenced all fencing must be comprised of a
material that complements the style of the proposed storage
amenity facility and/or matches existing fencing. Access to the
storage amenity facility area will cease at 11:00 P.M.
Background:
Analysis:
Financial Impact:
Cover Memo
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Z-16-19
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-19 - A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions stated
below a petition by Gordon Group Development LLC requesting
a change of zoning from Zone R-1D (One-family Residential)
to Zone R-3C (Multiple-family Residential) affecting property
as follows: Tract A: Containing approximately .2 acres and
beginning at a point located on the southwest right-of-way line of
Valencia Lane, 96 feet, more or less, southeast of where the
centerline of Barcelona Way intersects; known as part of 1495
Goshen Road. Part of Tax Map 199-0-088-00-0 DISTRICT 8
Tract B: Containing approximately 1.37 acres and beginning at a
point located where the southeast right-of-way line of Castellon
Way intersection the southwest right-of-way line of Valencia
Lane; known as 4404 through 4422 (even numbers only)
Castellon Way. Tax Maps 199-1-033-00-0 through 199-1-043-00-
0 DISTRICT 8 Tract C: Containing approximately 2.13 acres
and beginning at a point located approximately 650 feet southeast
of the proposed right-of-way of Tarragona Avenue; known as part
of 1495 Goshen Road. Part of Tax Map 199-0-088-00-0
DISTRICT 8 The private roadway must comply with the
specified requirements of the Augusta’s Street and Road
Technical Manual as it relates to subgrade, base, and paving, as
well as roadway width. Structures must comply with Federal
Emergency Management Agency (FEMA) regulations and the
Augusta Flood Damage Prevention Ordinance, including the
provision that all lots be three feet (3’) above the Base Flood
Elevation at the time of development. The development must
be consistent with the concept plan submitted on 05/04/2016.
The developer must provide a sidewalk or walking path that
connects Valencia Lane to the future development areas consistent
with the concept plan approved as part of Z-15-45 (November 17,
2015). Proposed building elevations and materials must be
approved by the Planning and Development Department Director
or designee. The site plan must comply with any other
ordinances and regulations in effect at the time of construction. Cover Memo
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Z-16-20
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-20 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the conditions stated
below a petition by TCA, LLC requesting a change of zoning
from Zone R-1A (One-family Residential) to Zone R-3B
(Multiple-family Residential) affecting property containing .41
acres and known as 1062 Bertram Road. Tax Map 012-0-051-00-0
DISTRICT 7 The surrounding area is mostly characterized
by medium density multiple residential uses situated in the R-3B
(Multiple-family Residential) and B-2 (General Business) zones,
along with mini-warehouses and commercial structures, also
located in the B-2 (General Business) zone. The existing
structure located on the property is not connected to public sewer,
but the concept plan indicates the development will connect to the
public sewer lines that serve the existing Arborside apartment
complex. The property must comply with all aspects of the
Augusta Tree Ordinance or applicable landscaping standards.
The proposal to rezone the property to R-3B is consistent with the
2008 Comprehensive Plan and the existing development patterns
in the area. Traffic Engineering had no adverse comments
regarding this proposed project. If the Augusta Engineering
Department approves curb-cut access on the property, acceleration
and deceleration lanes may be required
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:Cover Memo
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
ZA-R-244
Department:Planning Commission
Department:Planning Commission
Caption: ZA-R-244 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend Section 3 –
12 (Special Building Setbacks) of the Comprehensive Zoning
Ordinance for Augusta, Georgia by deleting the special setback
for Wrightsboro Road from Barton Chapel Road to the
Richmond/Columbia County line.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Alcohol Application
Department:Planning & Developmnet
Department:Planning & Developmnet
Caption:Motion to approve New Ownership Application: A.N. 16-25: A
request by Cullene W. Schneider for an on premise consumption
Liquor, Beer and Wine License to be used in connection with 8th
Street Bar and Hookah Lounge located at 305 8th Street. District
1. Super District 9. (Approved by Public Service Committee May
14, 2016)
Background:This is a New Ownership Application.
Analysis:The applicant meets the requirements of the City Augusta's Alcohol
Ordinance.
Financial Impact:The applicant will pay a fee of $4,486.00.
Alternatives:
Recommendation:The Planning & Development Department recommends Approval.
The R.C.S.O. recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Application: A.N. 16-26: A request by
Frank Benjamin for an on premise consumption Beer License to
be used in connection with Franks Bar-B-Que House located at
127 Laney Walker Blvd. There will be Dance. District 1. Super
District 9. (Approved by Public Service Committee May 14,
2016)
Background:The is a New Application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $756.00.
Alternatives:
Recommendation:The Planning & Development Department recommends approval.
The R.C.S.O. recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A.N. 16-
24: request by Patricia E. Sheehan for an on premise consumption
Liquor, Beer and Wine License to be used in connection with
Beck's (Restaurant) located at 2111 Kings Way. There will be
Sunday Sales. District 1. Super District 9. (Approved by Public
Service Committee May 14, 2016)
Background:The is a New Ownership Application. Formerly in the name of
David Ross.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5,715.00.
Alternatives:
Recommendation:The Planning & Development recommends approval. The R.C.S.O.
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Augusta Recreation Senior Program
Department:
Department:
Caption:Motion to approve a Resolution to Enter Contract with Bateman
(Compass-USA). (Approved by Public Service Committee May
14, 2016)
Background:The Recreation and Parks Department operates seven senior
nutrition sites throughout the county through a partnership with
the CSRA Regional Commission Area Agency on Aging which
provides state and federal funds for meals to senior citizens
including home delivery.
Analysis:The CSRA Regional Commission has selected Bateman
(Compass-USA) as the qualified food vendor for FY2017 (July
1,2016 - June 30,2017). The contracting and budgeting process for
reimbursement will not change other than the meal cost will go
from $4.45 to $4.27 per meal. Approval of the Resolution to Enter
Contract with Bateman (Compass - USA) is needed.
Financial Impact:This action reflects no increase in allotted funds.
Alternatives:1. To Approve the Resolution to Enter Contract with Bateman
(Compass-USA) 2. To Deny would result in forfeiting grant funds
for the reimbursement of congregate and homebound meals for
senior nutrition program.
Recommendation:1. To Approve the Resolution to Enter Contract with Bateman
(Compass-USA)
Funds are Available
in the Following
Accounts:
220054322
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
NovusAgenda
Title
Recreation and Parks Department
Caption
Approve a Resolution to Enter Contract with Bateman (Compass-USA)
Background
The Recreation and Parks Department operates seven senior nutrition sites throughout the
county through a partnership with the CSRA Regional Commission Area Agency on
Aging which provides state and federal funds for meals to senior citizens including home
delivery.
Analysis
The CSRA Regional Commission has selected Bateman (Compass-USA) as the qualified
food vendor for FY2017 (July 1,2016 - June 30,2017). The contracting and budgeting
process for reimbursement will not change other than the meal cost will go from $4.45 to
$4.27 per meal. Approval of the Resolution to Enter Contract with Bateman (Compass -
USA) is needed.
Summary Financial
This action reflects no increase in allotted funds.
Alternatives
1. To Approve the Resolution to Enter Contract with Bateman (Compass-USA)
2. To Deny would result in forfeiting grant funds for the reimbursement of
congregate and homebound meals for senior nutrition program.
Recommendation
1. To Approve the Resolution to Enter Contract with Bateman (Compass-USA)
Funds
220054322
RESOLUTION TO ENTER CONTRACT
with
Bateman (Compass-USA)
WHEREAS, the Augusta, Georgia Board of Commissioners sponsor the nutrition
programs and services in its jurisdiction for individuals receiving nutrition services
(Congregate and Home-delivered Meals) through a cooperative agreement with the CSRA
Regional Commission Area Agency on Aging; and
WHEREAS, this governing body desires to continue to receive federal and/or state
funds appropriated for Nutrition services through the cooperative agreement;
WHEREAS, Augusta, Georgia is recognized as a local government or non-profit
organization for the purpose of providing Nutrition Services to older adults (seniors); and
WHEREAS, the Area Agency on Aging has, as a result of a competitive
procurement process, recognized COMPASS GROUP USA, INC., by and through its
BATEMAN division, a Delaware corporation as the region's qualified food vendor; and
WHEREAS, the Area Agency on Aging, through the cooperative agreement, will
reimburse for eligible meals provided in accordance with funding stream identified in the
Cooperative Agreement through the qualified food vendor utilizing a contract reviewed by
the Area Agency on Aging.
NOW THEREFORE BE IT RESOLVED, that this governing body hereby
authorizes its chief elected official to execute the contract for nutrition services to be
provided in accordance with federal and state rules and regulations.
Mayor Witness
Date Date
Commission Meeting Agenda
6/21/2016 2:00 PM
CONSTRUCTION SELECTION AND CONTRACT FOR ARFF PAVEMENT REHABILITATION
Department:Augusta Regional Airport
Department:Augusta Regional Airport
Caption:Motion to accept the selection of and enter into a contract with
Griffin Contracting as the Augusta Regional Airport contractor for
the Airport Rescue Fire Fighting (ARFF) Pavement
Rehabilitation Project as approve by the Augusta Aviation
Commission at their May 26, 2016. (Approved by Public Service
Committee May 14, 2016)
Background:The primary focus of this Project is the rehabilitation of a portion
of the apron surrounding the ARFF at the Augusta Regional
Airport (Airport). These aprons have exceed their useful life and
are in a state of complete failure. Corrections to the grading and
drainage surrounding the ARFF will also be performed to protect
the rehabilitated apron.
Analysis:Bids for the project were opened on March 24, 2016 for the
project. Two bids were received. Griffin Contracting is the low
bidder and has met the DBE goals for the project and submitted
the required documentation. The contract bid of $544,442.00 has
been approved by the FAA and will have 90% paid through FAA
AIP Grant No. 3-13-0011-038-2015.
Financial Impact:$544,442.00
Alternatives:Deny request.
Recommendation:Accept bid and authorize the Airport to enter into a contract with
Griffin Contracting for the Rehab on the ARFF Pavement.
Funds are Available
in the Following
Accounts:
551081301-3313111 FAA (AIP Grant) 90% 551081301-3343442
GDOT 5% 551081301-3899910 ARA Fund 5%
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
ARFF Pavement Rehabilitation
Augusta Regional Airport, Augusta, Georgia Contract Forms
AIP No. 3-13-0011-038-2015
CONTRACT FOR
ARFF PAVEMENT REHABILITATION
FOR THE AUGUSTA REGIONAL AIRPORT
THIS CONTRACT, made on the ________of _____________, 2016, by and between AUGUSTA,
GEORGIA BY AND THROUGH THE AUGUSTA AVIATION COMMISSION, party of the first part,
hereinafter called the OWNER, and Griffin Contracting, party of the second part, hereinafter called the
CONTRACTOR, a Georgia Corporation whose principal place of business is located at 122 Pipemakers
Circle, Unit 207, Pooler, Georgia, 31322.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named,
agree as follows:
ARTICLE I - SCOPE OF THE WORK
The project will generally consist of the reconstruction of the pavement around the ARFF station as
depicted on the plans that accompany the Project Manual and Section 40 of the Federal requirements.
The project includes reconstruction of approximately 2,700 square yards of asphalt pavement, fuel
containment equipment, 500 linear feet of storm sewer and associated catch basins, pavement marking,
and site restoration including topsoiling, seeding, and mulching.
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary,
and to perform all of the work shown on the plans described in the specifications for the project entitled:
ARFF PAVEMENT REHABILITATION
and in accordance with the requirements and provisions of the Contract Documents as defined in the
Provisions hereto attached which are hereby incorporated and made a part of this contract.
ARTICLE II - ENGINEER
The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 6501
Watts Road, Madison, WI 53719, who is hereinafter called ENGINEER and who is to assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
ARTICLE III - TIME OF COMPLETION -- LIQUIDATED DAMAGES
The project shall be complete and ready for final inspection within fifty (50) days from the effective date of
Notice-to-Proceed. It is hereby understood and mutually agreed, by and between the CONTRACTOR and
the OWNER, that the date of beginning, rate of progress and the time for completion of the work to be
done hereunder are ESSENTIAL CONDITIONS of this Contract. CONTRACTOR agrees that said work
shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full
completion thereof within the time specified. It is expressly understood and agreed by and between the
CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a
reasonable time for the completion of the same, taking into consideration the average climatic range and
construction conditions prevailing in this locality.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the performance of any act
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whatsoever; and where under the Contract an additional time is allowed for the completion of any work,
the new time limit fixed by extension shall be the essence of the Contract.
ARTICLE IV - PAYMENT
A. THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR for completion of the Work in strict accordance with
the Contract Documents, and in accordance with the unit bid prices submitted on March 24, 2016,
with a contract price not to exceed $544,442.00.
B. PROGRESS PAYMENTS
CONTRACTOR shall submit Applications for Payment in accordance with Section 90 of the
General Provisions but in no case shall submit Applications for Payment more than once per
month. Application for Payment will be processed by ENGINEER as provided in the General
Provisions.
Progress payments will be made in an amount equal to the percentage indicated below, but, in
each case, less the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with Section 90 of the
General Provisions.
1) 90% of Work completed as determined by ENGINEER.
2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 90-07 of the General Provisions.
Within ten (10) days of receiving each Application for Payment, the ENGINEER shall either
indicate in writing a recommendation of payment and present the application to the OWNER, or
return the Application to the CONTRACTOR indicating in writing necessary corrections. In the
latter case, the CONTRACTOR shall make the corrections and resubmit the application.
ARTICLE V - ACCEPTANCE AND FINAL PAYMENT
A. Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50
of the General Provisions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 90-09.
B. Before final payment is due the CONTRACTOR shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with the work have
been paid, except that in case of disputed indebtedness or liens the CONTRACTOR may submit
in lieu of evidence of payment a surety bond satisfactory to the OWNER guaranteeing payment of
all such disputed amounts when adjudicated in cases where such payment has not already been
guaranteed by surety bond.
C. The making and acceptance of the final payment shall constitute a waiver of all claims by the
OWNER other than those arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturers'
guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those
previously made and still unsettled.
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D. If after the Work has been substantially completed, full completion thereof is materially delayed
through no fault of the CONTRACTOR, and the ENGINEER, so certifies, the OWNER shall upon
certificate of the ENGINEER, and without terminating the Contract, make payment of the balance
due for that portion of the Work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this Contract, the day and year first written
above.
AUGUSTA AVIATION COMMISSION
By: ____________________________________
Name: Cedric Johnson
Title: Aviation Commission Chair
AUGUSTA, GEORGIA
(SEAL) By:
Hardie Davis, Jr. , As its Mayor
ATTEST:
Clerk
Witness
Griffin Contracting
CONTRACTOR
By:
(SEAL) Title:
ATTEST:
Address: 122 Pipemakers Circle Unit 207
Secretary Pooler, GA 313122
Witness
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FEDERAL REQUIREMENTS
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 shall
maintain all books, records and reports required under this contract for a period of not less than
three (3) years after final payment is made and all pending matters are closed.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
1. The Contractor shall adhere with 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 27.2%
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 shall 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 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.
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3. The Contractor shall provide written notification to the Director, OFCCP, within ten (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 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
the City of Augusta, Richmond County, Georgia.
GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees that it will 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 handicap be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
This provision also obligates the Contractor or its successor for the period during which Federal
assistance is extended to the Airport through the Airport Improvement Program, except where
Federal assistance is to provide, or is in the form of personal property; real property or interest
therein; structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the following
periods:
(a) the period during which the property is used by the Airport Owner or any transferee for a
purpose for which Federal assistance is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the Airport Owner or any transferee retains ownership or
possession of the property.
TITLE VI 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 or
subcontractors) will comply with the Title VI List of Pertinent Nondiscrimination
Statutes 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. Non-discrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, creed, color, national origin, sex,
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age, or handicap 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 Acts and the Regulations, 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 Acts and the Regulations relative
to Non-discrimination on the grounds of race, creed, color, national origin, sex, age, or
handicap.
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 Owner or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Acts, Regulations, 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 Owner 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 Owner 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 Owner or the Federal Aviation Administration (FAA) 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 Owner 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.
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DBE STATEMENTS
The following conditions apply to this Department of Transportation (DOT) assisted contract.
Contractor shall adhere to these contract conditions.
1. Contract Assurance (§26.13) - The Contractor or subcontractor shall not discriminate on
the basis of race, color, religion, sex, or national origin in the performance of this
contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT 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.
2. 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 30
days from the receipt of each payment the prime contractor receives from the Augusta
Aviation Commission. The prime Contractor agrees further to return retainage payments
to each subcontractor within 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 Augusta Aviation
Commission. This clause applies to both DBE and non-DBE subcontractors.
Subcontract Clause – Contractor shall include all above compliance clauses in all subcontracts
which offer further subcontracting opportunities.
1. DBE Participation Goal – The attainment of goals established for this Contract is to be
measured as a percentage of the total dollar value of the Contract. The goals
established for this Contract are as follows:
15.1 percent to be performed by DBE firms (based on historical availability of
references and the Engineer’s determination that the above prescribed
percentages of the total project work is available to be performed by
disadvantaged business enterprise (DBE) firms within the project area).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation shall incorporate the following
provisions by reference, with the same force and effect as if given in full text. The Contractor
has full responsibility to monitor compliance to the referenced statute or regulation. The
Contractor must address any claims or disputes that pertain to a referenced requirement directly
with the Federal Agency with enforcement responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Federal Fair Labor Standards Act (29 USC
201)
U.S. Department of Labor – Wage and
Hour Division
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ENERGY CONSERVATION REQUIREMENTS
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The Contractor certifies that 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.
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.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All Contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The Contractor
has full responsibility to monitor compliance to the referenced statute or regulation. The
Contractor must address any claims or disputes that pertain to a referenced requirement directly
with the Federal Agency with enforcement responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of
1970 (20 CFR Part 1910)
U.S. Department of Labor – Occupational
Safety and Health Administration
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RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to requirements
and regulations issued by the FAA and the Owner of the Federal grant under which this contract
is executed.
TRADE RESTRICTION CLAUSE
The Contractor or subcontractor, by execution of a contract, certifies that it:
a. 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 published
by the Office of the United States Trade Representative (USTR);
b. 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 on said list, or is
owned or controlled directly or indirectly by one or more citizens or nationals
of a foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any
product for use on the project that is produced in a foreign country on said
list.
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 a contractor or subcontractor
who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for
the supply of any product or service of a foreign country on said list for use on the project, the
Federal Aviation Administration may direct through the Owner cancellation of the contract at no
cost to the Government.
Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it shall
incorporate this provision for certification, without modification in each contract and in all lower
tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The Contractor shall provide immediate written notice to the Owner if the Contractor learns that
its certification, or that of a subcontractor, was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide written
notice to the contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the FAA may direct through the Owner cancellation of the
contract or subcontract for default at no cost to the Government.
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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.
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, United States Code, Section 1001.
VETERAN’S PREFERENCE
In the employment of labor (except in executive, administrative, and supervisory positions),
preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war
veterans, disabled veterans, and small business concerns owned and controlled by disabled
veterans as defined in Title 49 United States Code, Section 47112. However, this preference
shall apply only where the individuals are available and qualified to perform the work to which
the employment relates.
COPELAND “ANTI-KICKBACK” ACT
The United States Department of Labor Wage and Hours Division oversees the Copeland “Anti-
Kickback” Act requirements. All contracts and subcontracts must meet comply with the
Occupational Safety and Health Act of 1970.
United States Department of Labor Wage and Hours Division can provide information regarding
any specific clauses or assurances pertaining to the Copeland “Anti-Kickback” Act requirements
required to be inserted in solicitations, contracts or subcontracts.
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
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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; and
(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, D.C.
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.
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(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 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 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 FAA may, after written notice to the
Contractor, Owner, or applicant, 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 which 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 records which 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.
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(ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the FAA 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 or Owner, as
the case may be, for transmission to the FAA. 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
http://www.dol.gov/esa/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 FAA 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 or
Owner, as the case may be, for transmission to the FAA, 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,
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) That the payroll for the payroll period contains the information required to be provided under
§ 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained
under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and
complete;
(2) That 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) That 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.
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(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
Owner, the FAA 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, 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
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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 which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who
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 the 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 FAA 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.
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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 U.S.C.
1001.
EQUAL EMPLOYMENT OPPORTUNITY
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, 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, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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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 its 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
procedure 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 provision, 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
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(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 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 18.7a through 18.7p 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
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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 Contractor’s EEO policy and affirmative action
obligations under these specifications wiith 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 a
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.
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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 (18.7a through 18.7p). 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 18.7a through 18.7p 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.
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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 ontrCactor 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 18.7 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 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company’s 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,
Contractor 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).
CERTIFICATION OF NON-SEGREGATED FACILITIES
The federally-assisted construction Contractor certifies that it does not maintain or provide, for
its employees, any segregated facilities at any of its establishments and that it does not permit
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its employees to perform its services at any location, under its control, where segregated
facilities are maintained. The federally-assisted construction Contractor agrees that a breach of
this certification is a violation of the Equal Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, 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 which are
segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion,
or national origin because of habit, local custom, or any other reason. The federally-assisted
construction Contractor agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) it will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity Clause and that it will retain such
certifications in its files.
TERMINATION OF CONTRACT
a. The Owner may, by written notice, terminate this contract in whole or in part at any time,
either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon
receipt of such notice services shall be immediately discontinued (unless the notice directs
otherwise) and all materials as may have been accumulated in performing this contract, whether
completed or in progress, delivered to the Owner.
b. If the termination is for the convenience of the Owner, an equitable adjustment in the contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed
services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Owner may take
over the work and prosecute the same to completion by contract or otherwise. In such case, the
Contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been effected for the
convenience of the Owner. In such event, adjustment in the contract price shall be made as
provided in paragraph 2 of this clause.
e. The rights and remedies of the Owner provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.
BREACH OF CONTRACT TERMS
Any violation or breach of the terms of this contract on the part of the Contractor or
subcontractor may result in the suspension or termination of this contract or such other action
which may be necessary to enforce the rights of the parties under this contract. The duties and
obligations imposed by the Contract Documents and the rights and remedies available
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thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or to benefit
from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42
U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well
as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and
all other regulations and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the Contractor or subcontractor will notify
the awarding official of the receipt of any communication from the EPA indicating that a facility
to be used for the performance of or benefit from the contract is under consideration to be listed
on the EPA List of Violating Facilities;
d. To include or cause to be included in any construction contract or subcontract which exceeds
$ 100,000 the aforementioned criteria and requirements.
CONTRACT WORK HOURS 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) above, 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 above, 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 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
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The Federal Aviation Administration 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 monies 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 above.
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 section.
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), FAA 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 sub-grant.
The Contractor must promote policies and initiatives for employees and other work personnel
that decrease crashes by distracted drivers, including policies to ban text messaging while
driving. The Contractor must include these policies in each third party subcontract involved on
this project.
WAGE RATE DETERMINATION
General Decision Number: GA150007 01/02/2015 GA7
Superseded General Decision Number: GA20140007
State: Georgia
Construction Type: Highway
Counties: Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie,
Richmond, Taliaferro, Warren, Washington and Wilkes Counties in Georgia.
HIGHWAY CONSTRUCTION PROJECTS
Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that
applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or
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after January 1, 2015. If this contract is covered by the EO, the Contractor must pay all workers
in any classification listed on this wage determination at least $10.10 (or the applicable wage
rate listed on this wage determination, if it is higher) for all hours spent performing on the
contract. The EO minimum wage rate will be adjusted annually. Additional information on
Contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
SUGA2011-007 03/07/2011
Rates Fringes
CARPENTER........................$ 11.45
CEMENT MASON/CONCRETE FINISHER...$ 11.36
LABORER
Asphalt Raker...............$ 11.00
Asphalt Screed Person.......$ 10.50
Common or General...........$ 8.93
Form Setter.................$ 10.35
Guardrail Erector...........$ 13.50
Milling Machine Ground
Person......................$ 10.00
Pipe Layer..................$ 10.20
POWER EQUIPMENT OPERATOR:
Asphalt Distributor.........$ 14.10
Asphalt Paver/Spreader......$ 12.00
Backhoe/Excavator...........$ 10.80
Bulldozer...................$ 11.60
Compactor...................$ 10.00
Crane/Dragline..............$ 17.50
Front End Loader............$ 10.70
Material Transfer Vehicle
(Shuttle Buggy).............$ 11.30
Mechanic....................$ 12.75
Milling Machine.............$ 11.50
Motorgrader Fine Grade......$ 14.55
Motorgrader/Blade...........$ 16.00
Roller......................$ 10.00
Water Truck.................$ 11.25
TRUCK DRIVER
26,000 GVW & Under..........$ 10.79
26,001 GVW & Over...........$ 12.75
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----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
================================================================
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particular rate is a union rate (current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non-union
rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a
weighted average calculation of rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these classifications and rates are based. The
next number, 007 in the example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier.
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Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
date for the classifications and rates under that identifier. A UAVG rate will be updated once a
year, usually in January of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in article 2.) and
3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
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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 bid for the work contemplated.
10-10 Bid. The written offer of the Bidder (when submitted on the approved bid form) to perform
the contemplated work and furnish the necessary materials in accordance with the provisions of
the plans and specifications.
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10-11 Bid guaranty. The security furnished with a bid to guarantee that the Bidder will enter
into a contract if his or her bid is accepted by the Owner.
10-12 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.
10-13 Calendar day. Every day shown on the calendar.
10-14 Change order. A written order to the Contractor covering changes in the plans,
specifications, or bid 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.
10-15 Contract. The written agreement covering the work to be performed. The awarded
contract shall include, but is not limited to: the Contract Form, Bidder’s bid submissions, bid
forms, Performance Bond, Payment Bond, any required insurance certificates, Construction
Safety and Phasing Plan, Specifications, Plans, and any addenda issued.
10-16 Contract item (pay item). A specific unit of work for which a price is provided in the
contract.
10-17 Contract time. The number of calendar days or working days, stated in the bid, allowed
for completion of the contract, including authorized time extensions. If a calendar date of
completion is stated in the bid, in lieu of a number of calendar or working days, the contract
shall be completed by that date.
10-18 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.
10-19 Contractor’s laboratory. The Contractor’s quality control organization in accordance
with the Contractor Quality Control Program.
10-20 Construction Safety and Phasing Plan (CSPP). The overall plan for safety and
phasing of a construction project developed by the Airport, or developed by the Airport’s
consultant and approved by the Airport. It is included in the invitation for bids and becomes part
of the project specifications.
10-21 Drainage system. The system of pipes, ditches, and structures by which surface or
subsurface waters are collected and conducted from the Airport area.
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10-22 Engineer. The individual, partnership, firm, or corporation duly authorized by the Owner
to be responsible for engineering inspection of the contract work and acting directly or through
an authorized representative.
10-23 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.
10-24 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.
10-25 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.
10-26 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.
10-27 Force account. Force account work is planning, engineering, or construction work done
by the Sponsor’s employees.
10-28 Inspector. An authorized representative of the Engineer assigned to make all necessary
inspections and tests of the work performed or being performed, or of the materials furnished or
being furnished by the Contractor.
10-29 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.
10-30 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.”
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10-31 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.
10-32 Major and minor contract items. A major contract item shall be any item that is listed in
the bid, 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.
10-33 Materials. Any substance specified for use in the construction of the contract work.
10-34 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.
10-35 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.
10-36 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.”
10-37 Pavement. The combined surface course, base course, and subbase course, if any,
considered as a single unit.
10-38 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.
10-39 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.
10-40 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.
10-41 Project. The agreed scope of work for accomplishing the work in this Contract.
10-42 Proposal. Where the term “proposal” is used in the Federal or FAA technical
specifications, it shall be interpreted to mean “bid” for this Project.
10-43 Runway. The area on the airport prepared for the landing and takeoff of aircraft.
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10-44 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.
10-45 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.
10-46 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.
10-47 Subgrade. The soil that forms the pavement foundation.
10-48 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.
10-49 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.
10-50 Surety. The corporation, partnership, or individual, other than the Contractor, executing
payment or performance bonds that are furnished to the Owner by the Contractor.
10-51 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.
10-52 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.
10-53 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
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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 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
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agreements shall also require consent of the Contractor’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
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(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, fire-rescue 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. 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.
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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
in the work 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
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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.
The Engineer does not have the authority to accept pavements that do not conform to FAA
specification requirements.
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
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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 five copies each of the
Plans and Specifications. The Contractor shall have available on the work at all times one copy
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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 Construction layout and stakes. The Engineer shall establish horizontal and vertical
control only. The Contractor must establish all layout required for the construction of the work.
Such stakes and markings as the Engineer may set for either their own or the Contractor’s
guidance shall be preserved by the Contractor. In case of negligence on the part of the
Contractor, or their employees, resulting in the destruction of such stakes or markings, an
amount equal to the cost of replacing the same may be deducted from subsequent estimates
due the Contractor at the discretion of the Engineer.
The Contractor will be required to furnish all lines, grades and measurements from the control
points necessary for the proper execution and control of the work contracted for under these
specifications.
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The Contractor must give copies of survey notes to the Engineer for each area of construction
and for each placement of material as specified to allow the Engineer to make periodic checks
for conformance with plan grades, alignments and grade tolerances required by the applicable
material specifications. All surveys must be provided to the Engineer prior to commencing work
items that will cover or disturb the survey staking as set by the Contractor’s surveyor. Survey(s)
and notes shall be provided in the following format(s): AutoCAD Release 2015. In the case of
error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in
established grades, alignment or grade tolerances that do not concur with those specified or
shown on the plans, the Contractor is solely responsible for correction, removal, replacement
and all associated costs at no additional cost to the Owner.
No direct payment will be made, unless otherwise specified in contract documents, for
this labor, materials, or other expenses. The cost shall be included in the price of the bid
for the various items of the Contract.
Construction Staking and Layout includes but is not limited to:
a. Clearing and Grubbing perimeter staking
b. Rough Grade slope stakes at 100-foot (30-m) stations
c. Drainage Swales slope stakes and flow line blue tops at 50-foot (15-m) stations
Subgrade blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance (maximum)
for the following section locations:
a. Runway – minimum five (5) per station
b. Taxiways – minimum three (3) per station
c. Holding apron areas – minimum three (3) per station
d. Roadways – minimum three (3) per station
Base Course blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance
(maximum) for the following section locations:
a. Runway – minimum five (5) per station
b. Taxiways – minimum three (3) per station
c. Holding apron areas – minimum three (3) per station
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Pavement areas:
a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100-foot (30-m)
stations.
b. Between Lifts at 25-foot (7.5-m) stations for the following section locations:
(1) Runways – each paving lane width
(2) Taxiways – each paving lane width
(3) Holding areas – each paving lane width
c. After finish paving operations at 50-foot (15-m) stations:
(1) All paved areas – Edge of each paving lane prior to next paving lot
d. Shoulder and safety area blue tops at 50-foot (15-m) stations and at all break points with
maximum of 50-foot (15-m) offsets.
e. Fence lines at 100-foot (30-m) stations minimum.
f. Electrical and Communications System locations, lines and grades including but not
limited to duct runs, connections, fixtures, signs, lights, Visual Approach Slope Indicators
(VASIs), Precision Approach Path Indicators (PAPIs), Runway End Identifier Lighting (REIL),
Wind Cones, Distance Markers (signs), pull boxes and manholes.
g. Drain lines, cut stakes and alignment on 25-foot (7.5-m) stations, inlet and manholes.
h. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor.
(All nails shall be removed after painting).
i. Laser, or other automatic control devices, shall be checked with temporary control point or
grade hub at a minimum of once per 400 feet (120 m) per pass (that is, paving lane).
The establishment of Survey Control and/or reestablishment of survey control shall be by a
State Licensed Land Surveyor.
Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or
reset as directed by the Engineer without additional cost to the Owner.
50-07 Automatically controlled equipment. Whenever batching or mixing plant equipment is
required to be operated automatically under the contract and a breakdown or malfunction of the
automatic controls occurs, the equipment may be operated manually or by other methods for a
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period 48 hours following the breakdown or malfunction, provided this method of operations will
produce results which conform to all other requirements of the contract.
50-08 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.
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50-10 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.
50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the
hauling of materials on public roads beyond the limits of the work. A special permit will not
relieve the Contractor of liability for damage that may result from the moving of material or
equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or to
any other type of construction will not be permitted. Hauling of materials over the base course or
surface course under construction shall be limited as directed. No loads will be permitted on a
concrete pavement, base, or structure before the expiration of the curing period. The Contractor
shall be responsible for all damage done by his or her hauling equipment and shall correct such
damage at his or her own expense.
50-12 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.
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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.
50-13 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.
50-14 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.
50-15 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
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acceptance and notify the Contractor in writing of this acceptance as of the date of final
inspection.
50-16 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 10 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.
END OF SECTION 50
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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 products, the Contractor shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited
materials specifications. In addition, where an FAA specification for airport lighting equipment is
cited in the plans or specifications, the Contractor shall furnish such equipment that is:
a. Listed in advisory circular (AC) 150/5345-53, Airport Lighting Equipment Certification
Program, and Addendum that is in effect on the date of advertisement; and,
b. Produced by the manufacturer as listed in the Addendum cited above for the certified
equipment part number.
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.
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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 and electronic copies, 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,
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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.
60-04 Plant inspection. The Engineer or his or her authorized representative may inspect, at
its source, any specified material or assembly to be used in the work. Manufacturing plants may
be inspected from time to time for the purpose of determining compliance with specified
manufacturing methods or materials to be used in the work and to obtain samples required for
acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
a. The Engineer shall have the cooperation and assistance of the Contractor and the
producer with whom the Engineer has contracted for materials.
b. The Engineer shall have full entry at all reasonable times to such parts of the plant that
concern the manufacture or production of the materials being furnished.
c. If required by the Engineer, the Contractor shall arrange for adequate office or working
space that may be reasonably needed for conducting plant inspections. Office or working space
should be conveniently located with respect to the plant.
It is understood and agreed that the Owner shall have the right to retest any material that has
been tested and approved at the source of supply after it has been delivered to the site. The
Engineer shall have the right to reject only material which, when retested, does not meet the
requirements of the contract, plans, or specifications.
60-05 Engineer’s field office. The Contractor shall furnish for the duration of the Project one
building for the use of the field engineers and inspectors, as a field office. This facility shall be
an approved weatherproof building meeting the current State Highway Specifications (for
example, Class I Field Office or Type C Structure). This building shall be located conveniently
near to the construction and shall be separate from any building used by the Contractor. The
Contractor will provide high speed internet access and shall be responsible for payment of the
basic monthly charge for internet service. The Contractor shall furnish a photocopy, scanner,
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and printer capable of producing 11” x 17” prints, water, sanitary facilities, heat, air conditioning,
and electricity.
No direct payment will be made for the Engineer’s field office building or labor, materials, ground
rental, or other expense in connection therewith. The Contractor and his/her superintendent
shall provide all reasonable facilities to enable to the Engineer to inspect the workmanship and
materials entering into the work.
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 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.
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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
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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, pay
all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful
execution of the work.
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 shown on the construction plans, 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,
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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. This contract utilizes funding from the Airport Improvement
Program (AIP).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 which
shall be complied with by the Contractor
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
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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.
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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 similar or equal to that existing before such
damage or injury was done, by repairing, or otherwise restoring as may be directed, or the
Contractor shall make good such damage or injury in an acceptable manner.
70-11 Responsibility for damage claims. The Contractor shall indemnify and 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.
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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. Should it be necessary for the Contractor to
complete portions of the contract work for the beneficial occupancy of the Owner prior to
completion of the entire contract, such “phasing” of the work shall be specified herein and
indicated on the plans. When so specified, the Contractor shall complete such portions of the
work on or before the date specified or as otherwise specified. The Contractor shall make his or
her own estimate of the difficulties involved in arranging the work to permit such beneficial
occupancy by the Owner as described on sheets G-081 through G-089 of the construction
plans.
Upon completion of any portion of the work listed above, such portion shall be accepted by the
Owner in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50.
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.
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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
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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 70-04 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
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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 Engineer a
minimum of seven (7) 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.
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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 deemed 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
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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 (NTP) 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.
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
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completion of the project in accordance with the plans and specifications within the time set
forth in the contract.
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. Refer to the Construction
Safety and Phasing Plans for restrictions.
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 Contractor’s 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
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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.
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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.
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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 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.
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(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 bid and resulting Contract) is based on the originally estimated
quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED BID
QUANTITIES of Section 20. Should the satisfactory completion of the contract require
performance of work in greater quantities than those estimated in the bid, 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 bid. 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 bid. 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
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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 bid 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.
Work Area Liquidated Damages Cost Allowed Construction Time
(Working Days)
A $1,000 per day 3
B $1,000 per day 15
C $1,000 per day 22
The maximum construction time allowed for Work Area A shall be 3 working days .
The maximum construction time allowed for Work Area B shall be 15 working days .
The maximum construction time allowed for Work Area C shall be 22 working 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
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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
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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 400 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 250 feet of an active runway at any time.
END OF SECTION 80
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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.
Unless otherwise specified, longitudinal measurements for area computations will be made
horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an
area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse
measurements for area computations will be the neat dimensions shown on the plans or
ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit field
conditions.
Unless otherwise specified, all contract items which are measured by the linear foot such as
electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured
parallel to the base or foundation upon which such items are placed.
In computing volumes of excavation the average end area method or other acceptable methods
will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe,
metal plate pipe culverts and arches, and metal cribbing will be specified and measured in
decimal fraction of inch.
The term “ton” will mean the short ton consisting of 2,000 lb (907 km) avoirdupois. All materials
that are measured or proportioned by weights shall be weighed on accurate, approved scales
by competent, qualified personnel at locations designed by the Engineer. If material is shipped
by rail, the car weight may be accepted provided that only the actual weight of material is paid
for. However, car weights will not be acceptable for material to be passed through mixing plants.
Trucks used to haul material being paid for by weight shall be weighed empty daily at such
times as the Engineer directs, and each truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles
and measured therein at the point of delivery. Vehicles for this purpose may be of any size or
type acceptable for the materials hauled, provided that the body is of such shape that the actual
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contents may be readily and accurately determined. All vehicles shall be loaded to at least their
water level capacity, and all loads shall be leveled when the vehicles arrive at the point of
delivery.
When requested by the Contractor and approved by the Engineer in writing, material specified
to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be
converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from
weight measurement to volume measurement will be determined by the Engineer and shall be
agreed to by the Contractor before such method of measurement of pay quantities is used.
Bituminous materials will be measured by the gallon (liter) or ton (kg). When measured by
volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at
60°F (16°C) using ASTM D1250 for asphalts or ASTM D633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail shipments
will be used as a basis of measurement, subject to correction when bituminous material has
been lost from the car or the distributor, wasted, or otherwise not incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by volume,
subject to correction for loss or foaming, may be used for computing quantities.
Cement will be measured by the ton (kg) or hundredweight (km).
Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in
the structure. Measurement will be based on nominal widths and thicknesses and the extreme
length of each piece.
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.
Rental of equipment will be measured by time in hours of actual working time and necessary
traveling time of the equipment within the limits of the work. Special equipment ordered by the
Engineer in connection with force account work will be measured as agreed in the change order
or supplemental agreement authorizing such force account work as provided in the subsection
90-05 titled PAYMENT FOR EXTRA WORK of this section.
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
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stringently controlled by tolerances in cited specifications, manufacturing tolerances established
by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and paid for
by weight shall be furnished, erected, and maintained by the Contractor, or be certified
permanently installed commercial scales.
Scales shall be accurate within 1/2% of the correct weight throughout the range of use. The
Contractor shall have the scales checked under the observation of the inspector before
beginning work and at such other times as requested. The intervals shall be uniform in spacing
throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth
of 1% of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The
use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and
the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the
weighing equipment or suitable weights and devices for other approved equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall
be installed and maintained with the platform level and rigid bulkheads at each end.
Scales “overweighing” (indicating more than correct weight) will not be permitted to operate, and
all materials received subsequent to the last previous correct weighting-accuracy test will be
reduced by the percentage of error in excess of one-half of 1%.
In the event inspection reveals the scales have been underweighing (indicating less than correct
weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for
materials previously weighed and recorded.
All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for
furnishing check weights and scale house; and for all other items specified in this subsection, for
the weighing of materials for proportioning or payment, shall be included in the unit contract
prices for the various items of the project.
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.
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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 contract, 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.
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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.
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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 bid 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.
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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
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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 50-16 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.
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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, within seven (7) days after the discovery
of any failure, defect, or damage.
f. If the Contractor fails to remedy any failure, defect, or damage within 14 days 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 expense.
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.
j. Project Operation and Maintenance (O&M) Manual.
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k. Security for Construction Warranty.
l. Equipment commissioning documentation submitted, if required.
END OF SECTION 90
SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM
100-01 General. When the specification requires a Contractor Quality Control Program, the
Contractor shall establish, provide, and maintain an effective Quality Control Program that
details the methods and procedures that will be taken to assure that all materials and completed
construction required by this contract conform to contract Plans, technical Specifications and
other requirements, whether manufactured by the Contractor, or procured from subcontractors
or vendors. Although guidelines are established and certain minimum requirements are
specified here and elsewhere in the contract technical specifications, the Contractor shall
assume full responsibility for accomplishing the stated purpose.
The intent of this section is to enable the Contractor to establish a necessary level of control that
will:
a. Adequately provide for the production of acceptable quality materials.
b. Provide sufficient information to assure both the Contractor and the Engineer that the
specification requirements can be met.
c. Allow the Contractor as much latitude as possible to develop his or her own standard of
control.
The Contractor shall be prepared to discuss and present, at the preconstruction conference,
their understanding of the quality control requirements. The Contractor shall not begin any
construction or production of materials to be incorporated into the completed work until the
Quality Control Program has been reviewed and accepted by the Engineer. No partial payment
will be made for materials subject to specific quality control requirements until the Quality
Control Program has been reviewed.
The quality control requirements contained in this section and elsewhere in the contract
technical Specifications are in addition to and separate from the acceptance testing
requirements. Acceptance testing requirements are the responsibility of the Engineer.
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Paving projects over $250,000 shall have a Quality Control (QC)/Quality Assurance (QA)
workshop with the Engineer, Contractor, subcontractors, testing laboratories, and Owner’s
representative and the FAA prior to or at start of construction. The workshop shall address QC
and QA requirements of the project specifications. The Contractor shall coordinate with the
Airport and the Engineer on time and location of the QC/QA workshop.
100-02 Description of program.
a. General description. The Contractor shall establish a Quality Control Program to
perform quality control inspection and testing of all items of work required by the technical
specifications, including those performed by subcontractors. This Quality Control Program shall
ensure conformance to applicable specifications and plans with respect to materials,
workmanship, construction, finish, and functional performance. The Quality Control Program
shall be effective for control of all construction work performed under this Contract and shall
specifically include surveillance and tests required by the technical specifications, in addition to
other requirements of this section and any other activities deemed necessary by the Contractor
to establish an effective level of quality control.
b. Quality Control Program. The Contractor shall describe the Quality Control Program in
a written document that shall be reviewed and approved by the Engineer prior to the start of any
production, construction, or off-site fabrication. The written Quality Control Program shall be
submitted to the Engineer for review and approval at least 14 calendar days before the
preconstruction meeting. The Contractor’s Quality Control Plan and Quality Control testing
laboratory must be approved in writing by the Engineer prior to the Notice to Proceed (NTP).
The Quality Control Program shall be organized to address, as a minimum, the following items:
a. Quality control organization
b. Project progress schedule
c. Submittals schedule
d. Inspection requirements
e. Quality control testing plan
f. Documentation of quality control activities
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g. Requirements for corrective action when quality control and/or acceptance criteria are not
met
The Contractor is encouraged to add any additional elements to the Quality Control Program
that is deemed necessary to adequately control all production and/or construction processes
required by this contract.
100-03 Quality control organization. The Contractor Quality Control Program shall be
implemented by the establishment of a separate quality control organization. An organizational
chart shall be developed to show all quality control personnel and how these personnel
integrate with other management/production and construction functions and personnel.
The organizational chart shall identify all quality control staff by name and function, and shall
indicate the total staff required to implement all elements of the Quality Control Program,
including inspection and testing for each item of work. If necessary, different technicians can be
used for specific inspection and testing functions for different items of work. If an outside
organization or independent testing laboratory is used for implementation of all or part of the
Quality Control Program, the personnel assigned shall be subject to the qualification
requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which
personnel are Contractor employees and which are provided by an outside organization.
The quality control organization shall, as a minimum, consist of the following personnel:
a. Program Administrator. The Program Administrator shall be a full-time employee of the
Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a
minimum of five (5) years of experience in airport and/or highway construction and shall have
had prior quality control experience on a project of comparable size and scope as the contract.
Additional qualifications for the Program Administrator shall include at least one of the
following requirements:
(1) Professional Engineer with one (1) year of airport paving experience.
(2) Engineer-in-training with two (2) years of airport paving experience.
(3) An individual with three (3) years of highway and/or airport paving experience, with a
Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction.
(4) Construction materials technician certified at Level III by the National Institute for
Certification in Engineering Technologies (NICET).
(5) Highway materials technician certified at Level III by NICET.
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(6) Highway construction technician certified at Level III by NICET.
(7) A NICET certified engineering technician in Civil Engineering Technology with five (5)
years of highway and/or airport paving experience.
The Program Administrator shall have full authority to institute any and all actions necessary for
the successful implementation of the Quality Control Program to ensure compliance with the
contract plans and technical specifications. The Program Administrator shall report directly to a
responsible officer of the construction firm. The Program Administrator may supervise the
Quality Control Program on more than one project provided that person can be at the job site
within two (2) hours after being notified of a problem.
b. Quality control technicians. A sufficient number of quality control technicians necessary
to adequately implement the Quality Control Program shall be provided. These personnel shall
be either Engineers, engineering technicians, or experienced craftsman with qualifications in the
appropriate field equivalent to NICET Level II or higher construction materials technician or
highway construction technician and shall have a minimum of two (2) years of experience in
their area of expertise.
The quality control technicians shall report directly to the Program Administrator and shall
perform the following functions:
(1) Inspection of all materials, construction, plant, and equipment for conformance to the
technical specifications, and as required by subsection 100-06.
(2) Performance of all quality control tests as required by the technical specifications and
subsection 100-07.
(3) Performance of density tests for the Engineer when required by the technical
specifications.
Certification at an equivalent level, by a state or nationally recognized organization will be
acceptable in lieu of NICET certification.
c. Staffing levels. The Contractor shall provide sufficient qualified quality control personnel
to monitor each work activity at all times. Where material is being produced in a plant for
incorporation into the work, separate plant and field technicians shall be provided at each plant
and field placement location. The scheduling and coordinating of all inspection and testing must
match the type and pace of work activity. The Quality Control Program shall state where
different technicians will be required for different work elements.
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100-04 Project progress schedule. The Contractor shall submit a coordinated construction
schedule for all work activities. The schedule shall be prepared as a network diagram in Critical
Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as
otherwise specified in the contract. As a minimum, it shall provide information on the sequence
of work activities, milestone dates, and activity duration.
The Contractor shall maintain the work schedule and provide an update and analysis of the
progress schedule on a twice monthly basis, or as otherwise specified in the contract.
Submission of the work schedule shall not relieve the Contractor of overall responsibility for
scheduling, sequencing, and coordinating all work to comply with the requirements of the
contract.
100-05 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for
example, mix designs, material certifications) and shop drawings required by the technical
specifications. The listing can be developed in a spreadsheet format and shall include:
a. Specification item number
b. Item description
c. Description of submittal
d. Specification paragraph requiring submittal
e. Scheduled date of submittal
100-06 Inspection requirements. Quality control inspection functions shall be organized to
provide inspections for all definable features of work, as detailed below. All inspections shall be
documented by the Contractor as specified by subsection 100-07.
Inspections shall be performed daily to ensure continuing compliance with contract
requirements until completion of the particular feature of work. These shall include the following
minimum requirements:
a. During plant operation for material production, quality control test results and periodic
inspections shall be used to ensure the quality of aggregates and other mix components, and to
adjust and control mix proportioning to meet the approved mix design and other requirements of
the technical specifications. All equipment used in proportioning and mixing shall be inspected
to ensure its proper operating condition. The Quality Control Program shall detail how these and
other quality control functions will be accomplished and used.
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b. During field operations, quality control test results and periodic inspections shall be used
to ensure the quality of all materials and workmanship. All equipment used in placing, finishing,
and compacting shall be inspected to ensure its proper operating condition and to ensure that
all such operations are in conformance to the technical specifications and are within the plan
dimensions, lines, grades, and tolerances specified. The Program shall document how these
and other quality control functions will be accomplished and used.
100-07 Quality control testing plan. As a part of the overall Quality Control Program, the
Contractor shall implement a quality control testing plan, as required by the technical
specifications. The testing plan shall include the minimum tests and test frequencies required by
each technical specification Item, as well as any additional quality control tests that the
Contractor deems necessary to adequately control production and/or construction processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include
the following:
a. Specification item number (for example, P-401)
b. Item description (for example, Plant Mix Bituminous Pavements)
c. Test type (for example, gradation, grade, asphalt content)
d. Test standard (for example, ASTM or American Association of State Highway and
Transportation Officials (AASHTO) test number, as applicable)
e. Test frequency (for example, as required by technical specifications or minimum
frequency when requirements are not stated)
f. Responsibility (for example, plant technician)
g. Control requirements (for example, target, permissible deviations)
The testing plan shall contain a statistically-based procedure of random sampling for acquiring
test samples in accordance with ASTM D3665. The Engineer shall be provided the opportunity
to witness quality control sampling and testing.
All quality control test results shall be documented by the Contractor as required by subsection
100-08.
100-08 Documentation. The Contractor shall maintain current quality control records of all
inspections and tests performed. These records shall include factual evidence that the required
inspections or tests have been performed, including type and number of inspections or tests
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involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.;
proposed remedial action; and corrective actions taken.
These records must cover both conforming and defective or deficient features, and must include
a statement that all supplies and materials incorporated in the work are in full compliance with
the terms of the contract. Legible copies of these records shall be furnished to the Engineer
daily. The records shall cover all work placed subsequent to the previously furnished records
and shall be verified and signed by the Contractor’s Program Administrator.
Specific Contractor quality control records required for the contract shall include, but are not
necessarily limited to, the following records:
a. Daily inspection reports. Each Contractor quality control technician shall maintain a
daily log of all inspections performed for both Contractor and subcontractor operations. These
technician’s daily reports shall provide factual evidence that continuous quality control
inspections have been performed and shall, as a minimum, include the following:
(1) Technical specification item number and description
(2) Compliance with approved submittals
(3) Proper storage of materials and equipment
(4) Proper operation of all equipment
(5) Adherence to plans and technical specifications
(6) Review of quality control tests
(7) Safety inspection.
The daily inspection reports shall identify inspections conducted, results of inspections, location
and nature of defects found, causes for rejection, and remedial or corrective actions taken or
proposed.
The daily inspection reports shall be signed by the responsible quality control technician and the
Program Administrator. The Engineer shall be provided at least one copy of each daily
inspection report on the work day following the day of record.
b. Daily test reports. The Contractor shall be responsible for establishing a system that will
record all quality control test results. Daily test reports shall document the following information:
(1) Technical specification item number and description
(2) Test designation
(3) Location
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(4) Date of test
(5) Control requirements
(6) Test results
(7) Causes for rejection
(8) Recommended remedial actions
(9) Retests
Test results from each day’s work period shall be submitted to the Engineer prior to the start of
the next day’s work period. When required by the technical specifications, the Contractor shall
maintain statistical quality control charts. The daily test reports shall be signed by the
responsible quality control technician and the Program Administrator.
100-09 Corrective action requirements. The Quality Control Program shall indicate the
appropriate action to be taken when a process is deemed, or believed, to be out of control (out
of tolerance) and detail what action will be taken to bring the process into control. The
requirements for corrective action shall include both general requirements for operation of the
Quality Control Program as a whole, and for individual items of work contained in the technical
specifications.
The Quality Control Program shall detail how the results of quality control inspections and tests
will be used for determining the need for corrective action and shall contain clear sets of rules to
gauge when a process is out of control and the type of correction to be taken to regain process
control.
When applicable or required by the technical specifications, the Contractor shall establish and
use statistical quality control charts for individual quality control tests. The requirements for
corrective action shall be linked to the control charts.
100-10 Surveillance by the Engineer. All items of material and equipment shall be subject to
surveillance by the Engineer at the point of production, manufacture or shipment to determine if
the Contractor, producer, manufacturer or shipper maintains an adequate quality control system
in conformance with the requirements detailed here and the applicable technical specifications
and plans. In addition, all items of materials, equipment and work in place shall be subject to
surveillance by the Engineer at the site for the same purpose.
Surveillance by the Engineer does not relieve the Contractor of performing quality control
inspections of either on-site or off-site Contractor’s or subcontractor’s work.
100-11 Noncompliance.
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a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing
requirements. The Contractor shall, after receipt of such notice, immediately take corrective
action. Any notice, when delivered by the Engineer or his or her authorized representative to the
Contractor or his or her authorized representative at the site of the work, shall be considered
sufficient notice.
b. In cases where quality control activities do not comply with either the Contractor Quality
Control Program or the contract provisions, or where the Contractor fails to properly operate and
maintain an effective Quality Control Program, as determined by the Engineer, the Engineer
may:
(1) Order the Contractor to replace ineffective or unqualified quality control personnel or
subcontractors.
(2) Order the Contractor to stop operations until appropriate corrective actions are taken.
END OF SECTION 100
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.
105-2 Basis of measurement and payment. Based upon the contract lump sum price for
“Mobilization” partial payments will be allowed as follows:
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a. With first pay request, 25%.
b. When 25% or more of the original contract is earned, an additional 25%.
c. When 50% or more of the original contract is earned, an additional 40%.
d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout
materials as required by 90-11, the final 10%.
END OF SECTION 105
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EXHIBIT A
BID COSTS SHEETS
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EXHIBIT B
REQUIRED SUBMITTALS
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EXHIBIT C
INSURANCE AND BONDING
Invitation To Bid
Sealed bids will be received at this office until Thursday, March 24, 2016 @ 3:00 p.m. for furnishing:
Bid Item #16-140 ARFF Pavement Rehabilitation for Augusta Regional Airport
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street –
Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime,
subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and specifications
which are non-refundable are $75.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC
Southern (706 821-0405) beginning Tuesday, February 11, 2016. Bidders are cautioned that submitting a
package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of
goods or services, or coordination with other work that is material to the successful completion of the project.
Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of
documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate
information upon which to base his qualifications.
A Mandatory Pre Bid Conference will be held on Tuesday, March 8, 2016 @ 10:00 a.m. in the
Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday,
March 10, 2016 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand
delivered.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond
and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 11, 18, 25, March 3, 2016
Metro Courier February 17, 2016
Revised: 1/8/2015
Reeves Construction
1 Apac Indust Way
Augusta, GA 30907
Massana Construction
115 Howell Road
Tyrone, GA 30290
Griffin Contracting
122 Pipemaker Cir
Unit 207
Pooler, GA 31322
Peek Pavement
Marking
4600 Peek Industrial
Drive
Columbus, Ga 31908
Yes Yes
48048.00 189896
Yes Yes
Yes Yes
Yes Yes
$877,964.00 $544,422.00
Bid Bond
Bid Price
Total Number Specifications Mailed Out: 16
Total Number Specifications Download (Demandstar):
Total Electronic Notifications (Demandstar):
Mandatory Pre-Bid Conference: 4
Total packages submitted: 2
Total Noncompliant: 0
Vendors
Attachment B
Bid Item #16-140
ARFF Pavement Rehabilitation
for Augusta, Georgia - Augusta Regional Airport
Bid Due: Thursday, March 24, 2016 @ 3:00 p.m.
E-Verify Number
SAVE Form
Addendums 1
Page 1 of 1
Commission Meeting Agenda
6/21/2016 2:00 PM
Georgia Power Easement
Department:Augusta Regional Airport
Department:Augusta Regional Airport
Caption:Motion to approve a new underground easement for Georgia
Power at the Augusta Regional Airport as approved by the
Augusta Aviation Commission at their May 26, 2016 Meeting.
(Approved by Public Service Committee May 14, 2016)
Background:Georgia Power supplies an 8,000-volt underground distribution
line from a power line on Lock & Dam Road to a transformer
located approximately 1,000 feet north of the approach end of
Runway 17. Power from this transformer is used by the FAA to
operate Runway 17 Medium Approach Lighting System with
Rails (MALSR) and Runway 35 Localizer Antenna. The current
8,000-volt line is over twenty-five (25) years old and has failed in
the recent past. Georgia Power needs to replace this high voltage
line with a new 8,000-volt line. There is no cost to the Airport.
In anticipation of the future runway extension to the North,
Airport Staff requested that Georgia Power install the new 8’000-
volt distribution line farther to the north of the current easement.
A new easement survey was completed in the field to accomplish
this relocation. This in turn created a new “Easement Area”
described on “Exhibit A” and shown on “Exhibit A-1”.
Analysis:The new 8,000-volt distribution line relocated farther north will
not interfere with the runway extension in the future. More
importantly the new high voltage line will provide continuous
power to the FAA’s Navigational Aids (NAVAIDS) as indicated
above.
Financial Impact:Not applicable.
Alternatives:Deny request.
Cover Memo
Recommendation:Allow the easement for Georgia Power to install a new 8,000 volt
distribution line on Augusta Regional Airport.
Funds are Available
in the Following
Accounts:
Not applicable.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
undergr_nb.docx Page 1 of 3
Name of Line BUSH FIELD AIRPORT CABLE REPLACEMENT (RICHMOND COUNTY)
No 16098 UNDERGROUND DISTRIBUTION LINE
Parcel No 001 Account No 69596-VBS-0-U03215-0-GP300-30000000
Letter File 9-13316 Deed File 22243 Map File N/A
State of Georgia UNDERGROUND EASEMENT
Richmond County
Received of Georgia Power Company, hereinafter called the Company, the sum of
Ten and 00/100 ****************************************************************** Dollars
$ 10.00 and other good and valuable consideration, the receipt and
sufficiency whereof is hereby acknowledged, in exchange for which the undersigned
Augusta, Georgia
whose Post Office Address is
530 Greene Street, Augusta, GA 30901
does hereby grant and convey to said Company, its successors and assigns,
the right, privilege and easement to go in, upon, along, across, under, and
through that tract of land owned by the undersigned at
1501 Aviation Way, Augusta, GA 30906
(address of property) in the 85th GMD (Georgia Militia District) of
Richmond County, Georgia .
The "Easement Area" being more particularly described on
“Exhibit A” and depicted on Exhibit "A-1," each attached hereto
and made a part hereof,
together with the right to construct, operate and maintain continuously upon
and under said the Easement Area, its lines for transmitting electric current
with wires, transformers, service pedestals, manholes, conduits, cables,
and other necessary apparatus, fixtures, appliances of any other company, or
person; together with the right to assign this easement in whole or in part;
together with the right at all times to enter upon the Easement Area for the
purpose of inspecting said lines, making repairs, renewals, alterations and
extensions thereon, thereunder, thereto or therefrom; together with the right
to cut away and keep clear of said underground lines, transformers, fixtures
and appliances, all trees and other obstructions that may now or hereafter in
any way interfere or be likely to interfere with the proper operation of said
underground lines, transformers, fixtures and appliances, also the right of
ingress and egress over said land from said lines. The rights herein granted
include all the necessary rights for Company and its assigns to install and
maintain electrical lines and communication facilities to existing and future
structure(s) under the easement terms herein provided, on the property of the
Parcel 001 Name of Line BUSH FIELD AIRPORT CABLE REPLACEMENT (RICHMOND
COUNTY)
undergr_nb.docx Page 2 of 3
undersigned. Any timber cut on said land by and for said Company shall remain
the property of the owner of said timber.
The rights herein include and embrace the right to clear and keep clear all
trees and other obstructions located within the Easement Area.
Notwithstanding anything herein to the contrary, in the event that Company
does not exercise the rights granted herein for a period of three (3) years,
this the rights granted herein shall automatically terminate and all interest
therein shall immediately revert to the undersigned, its successors and
assigns, without any further action on its part. In such event, Company shall
have the right (but not requirement) to file of record a notice of termination;
provided, however, the failure to file of record a notice of termination shall
not, in any way, affect the provisions of this paragraph or the actual
termination of the rights granted herein.
Company by its acceptance and recording of this easement agreement agrees to be
bound by its obligations contained herein. Said Company shall not be liable
for or bound by any statement or understanding not herein expressed.
The purpose of this Underground Easement is to grant Company the right, at
Company's expense, to install to facilities to perform the electric service
functions.
[Signature on Following Page]
Parcel 001 Name of Line BUSH FIELD AIRPORT CABLE REPLACEMENT (RICHMOND
COUNTY)
undergr_nb.docx Page 3 of 3
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this
___________ day of _____________________, 2016.
Signed, sealed and delivered
in the presence of:
Witness
Notary Public
Augusta, Georgia
By: (SEAL)
Name:
Title:
Attest: (SEAL)
Name:
Title:
Parcel 001 Name of Line BUSH FIELD AIRPORT CABLE REPLACEMENT (RICHMOND
COUNTY)
undergr_nb.docx
Exhibit A
Georgia Power Company
20’ Underground Power Line Easement
And 20’ by 46’ Transformer Easement
Legal Description
All that strip or parcel of land lying in and being in the city of Augusta, Richmond County, Georgia
and being 20 feet wide, lying 10 feet on each side of the following described line:
Commencing at the intersection of the eastern right of way of Doug Barnard Parkway (S.R. 56
Loop) and the southern right of way of Lock and Dam Road (80’ R/W); thence along the southern
right of way of Lock and Dam Road North 87⁰ 19’ 57” East for a distance of 74.17 feet to a point;
thence continuing along said right of way South 35⁰ 34’ 54” East for a distance of 1764.55 feet to a
point, said point being the POINT OF BEGINNING;
Thence leaving the right of way of Lock and Dam Road the following courses: South 38⁰ 13’ 30”
West for a distance of 435.59 feet to a point; thence along a curve to the right having a radius of
757.35 feet and an arc length of 225.53’ being subtended by a chord bearing South 46⁰ 45’ 21”
West for a distance of 224.70’ to a point; thence South 55⁰ 09’ 03” West for a distance of 146.83’
to a point; thence South 14⁰ 54’ 18” East for a distance of 423.45’ to a point at the terminus of
centerline, containing 0.58 acre.
Included in above is an additional 20’ by 46’ easement at 90° and parallel to the terminus line,
located to the west of the point at the terminus centerline to be reserved for a transformer.
Cranston Engineering Group, P.C.
452 Ellis Street
Augusta, Georgia 30901
(706) 722-1588
Parcel 001 Name of Line BUSH FIELD AIRPORT CABLE REPLACEMENT (RICHMOND
COUNTY)
undergr_nb.docx
Exhibit A-1
Commission Meeting Agenda
6/21/2016 2:00 PM
Resolution for the Execution of FAA Grants
Department:Augusta Regional Airport
Department:Augusta Regional Airport
Caption:Motion approve a Resolution authorizing the Mayor to execute
expedited FAA grants for the remaining Fiscal Year 2016 and for
Fiscal Year 2017 as requested by the Augusta Aviation
Commission. (Approved by Public Service Committee May 14,
2016)
Background:In 2015, the Aviation Commission requested and achieved
approval of the County Commission to allow the Mayor to
execute expedited FAA grants for the 2015 Fiscal year.
Analysis:Attached is a draft resolution seeking approval by the County
Commission to provide the same authority to the Mayor to
execute grant offers having expedited deadlines from the Federal
Aviation Administration (FAA) for fiscal years 2016 and 2017.
The authority for fiscal year 2016 is in an amount not to exceed
twenty million dollars ($20,000,000.00) and for fiscal year 2017 is
in an amount not to exceed twenty million dollars ($20,000,000).
Financial Impact:Not to exceed twenty million dollars ($20,000,000).
Alternatives:Deny request.
Recommendation:Approve request to approve the Resolution authorizing the Mayor
to execute expedited FAA Grants.
Funds are Available
in the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
RESOLUTION NO. -______
A RESOLUTION BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION TO PERMIT THE MAYOR TO EXECUTE GRANTS
HAVING EXPEDITED DEADLINES OFFERED BY THE FEDERAL
AVIATION ADMINISTRATION (FAA) DURING THE FAA’S 2016 FISCAL
YEAR IN AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS
($20,000,000) FOR 2016 AND DURING THE FAA’S 2017 FISCAL YEAR IN
AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS
($20,000,000); TO PROVIDE FOR AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
WHEREAS, the Augusta Aviation Commission is charged with the operation and
maintenance of the Augusta Regional Airport at Bush Field; and
WHEREAS, the Federal Aviation Administration (FAA) occasionally offers grants
with compressed or expedited deadlines for execution by the Aviation Commission and
the County Commission requiring Special called meetings; and
WHEREAS, in an effort to ensure the prompt acceptance of the grants offered
during the FAA’s 2016 and 2017 Fiscal years, the Aviation Commission has requested
that the Augusta Commission authorize the Mayor with the authority to execute FAA
Grants having expedited deadlines in an amount not to exceed twenty million dollars
($ 20,000,000) for fiscal year 2016 and in an amount not to exceed twenty million dollars
($ 20,000,000) for fiscal year 2017; and
WHEREAS, the Augusta Commission believes it to be in its best interest to permit
the Mayor to execute FAA Grants having expedited deadlines.
NOW THEREFORE LET IT BE RESOLVED AS FOLLOWS:
Section 1. The Commission hereby approves the authority of the Mayor to
execute FAA Grants having expedited deadlines in an amount not to exceed
$20,000,000 for the 2016 fiscal year and in an amount not to exceed $20,000,000
for the 2017 fiscal year.
Section 2. All such grants will be brought back to the Commission to be
approved and spread upon its minutes at the next regularly scheduled Commission
meeting.
Section 3. Severability. If any section, sentence, clause or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Resolution, and such remainder shall remain in full force
and effect.
Section 4. Effective Date. This Resolution shall be in full force and effect
immediately upon and after its final passage.
SO RESOLVED this ______ day of ___________________, 2016.
AUGUSTA, GEORGIA:
Approved:
Hardie Davis, Jr., Mayor
Attest:
Clerk of Commission
Clerk (Seal)
Approved as to form:
City Attorney
Commission Meeting Agenda
6/21/2016 2:00 PM
Resolution for the Execution of GDOT Grants
Department:Augusta Regional Airport
Department:Augusta Regional Airport
Caption:Motion to approve a Resolution authorizing the Mayor to execute
expedited GDOT grants for the remaining Fiscal Year 2016 and
for Fiscal Year 2017 as requested by the Augusta Aviation
Commission. (Approved by Public Service Committee May 14,
2016)
Background:In 2015, the Aviation Commission requested and achieved
approval of the County Commission to allow the Mayor to
execute expedited FAA grants for the 2015 Fiscal year. The
Aviation Commission is requesting similar authority for GDOT
grants.These grants will still be placed on the Augusta Public
Services Committee and full Augusta Commission's Agendas for
approval. The Resolution just allows for expediting grants that
the airport could lose if not responded to in a timely manner.
Analysis:Attached is a draft resolution seeking approval by the County
Commission to provide the same authority to the Mayor to
execute grant offers having expedited deadlines from GDOT. The
authority for fiscal year 2016 in an amount not to exceed fifteen
million dollars ($15,000,000.00) and for fiscal year 2017 in an
amount not to exceed twenty million dollars ($20,000,000).
Financial Impact:Grants not to exceed twenty million dollars ($20,000,000).
Alternatives:Deny request.
Recommendation:Approve request to approve the Resolution authorizing the Mayor
to execute expedited GDOT grants.
Funds are Available
in the Following
Accounts:Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
RESOLUTION NO. -______
A RESOLUTION BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION TO PERMIT THE MAYOR TO EXECUTE GRANTS
HAVING EXPEDITED DEADLINES OFFERED BY THE GEORGIA
DEPARTMENT OF TRANSPORTATION (GDOT) DURING ITS 2016
FISCAL YEAR IN AN AMOUNT NOT TO EXCEED FIFTEEN
MILLION ($15,000,000) AND FOR ITS 2017 FISCAL YEAR IN AN
AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS
($20,000,000); TO PROVIDE FOR AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
WHEREAS, the Augusta Aviation Commission is charged with the operation
and maintenance of the Augusta Regional Airport at Bush Field; and
WHEREAS, the Georgia Department of Transportation (GDOT)
occasionally offers grants with compressed or expedited deadlines for execution
by the Aviation Commission and the County Commission requiring Special called
meetings; and
WHEREAS, in an effort to ensure the prompt acceptance of the grants
offered during the balance of GDOT’s 2016 Fiscal year and the 2017 Fiscal year,
the Aviation Commission has requested that the Augusta Commission authorize
the Mayor with the authority to execute GDOT Grants having expedited deadlines
in an amount up to fifteen million dollars ($15,000,000) for Fiscal Year 2016 and
up to twenty million dollars ($20,000,000) for Fiscal Year 2017; and
WHEREAS, the Augusta Commission believes it to be in its best interest to
permit the Mayor to execute GDOT Grants for the Airport having expedited
deadlines.
NOW THEREFORE LET IT BE RESOLVED AS FOLLOWS:
Section 1. The Commission hereby approves the authority of the
Mayor to execute GDOT Grants for the Airport having expedited deadlines
in an amount not to exceed $15,000,000 for the 2016 fiscal year and an
amount not to exceed $20,000,000 for the 2017 fiscal year.
Section 2. All such grants will be brought back to the Commission to
be approved and spread upon its minutes at the next regularly scheduled
Commission meeting.
Section 3. Severability. If any section, sentence, clause or phrase of
this Resolution is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Resolution, and such
remainder shall remain in full force and effect.
Section 4. Effective Date. This Resolution shall be in full force and
effect immediately upon and after its final passage.
SO RESOLVED this ______ day of ___________________, 2016.
AUGUSTA GEORGIA:
Approved:
Hardie Davis, Jr., Mayor
Attest:
Clerk of Commission
Clerk (Seal)
Approved as to form:
City Attorney
Commission Meeting Agenda
6/21/2016 2:00 PM
Valley Park Playground Equipment RFP 16-179
Department:Recreation and Parks
Department:Recreation and Parks
Caption:Motion to approve RFP 16-179, Design and Installation of
Playground Equipment at Valley Park, to Dominica Recreation
Products/Playcore Wisconsin, DBA GameTime in the amount of
$35,000. (Approved by Public Service Committee May 14,
2016)
Background:Funds were appropriated through SPLOST VI for improvements
to the Valley Park, owned and maintained by Augusta Recreation,
Parks and Facilities Department. Among the improvements
included the design and installation of new playground equipment.
Analysis:Request for Proposals were issued and a total of four (4) firms
responded to the RFP. All vendors were instructed to base their
design, delivery and installation on an advertised price of $35,000.
Evaluations were conducted on May 26, 2016 with regards to RFP
16-179, new playground equipment for Valley Park. Based on the
evaluation and scoring conducted by staff from Procurement and
Recreation and Parks, the recommendation by the Department is
to award RFP 16-179 to Dominica Recreation Products/Playcore
Wisconsin, DBA GameTime in the amount of $35,000.
Financial Impact:A total of $35,000 has been allocated for the design and
installation of new playground equipment for Valley Park.
Alternatives:1. To Approve and award RFP 16-179 to Dominica
Recreation/Playcore Wisconsin, DBA GameTime for $35,000. 2.
Move No Action thus delaying the intended improvements at this
neighborhood park.
Recommendation:1. To Approve
Cover Memo
Funds are Available
in the Following
Accounts:
272061430-5412110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Request for Proposal
Request for Proposals will be received at this office until Friday, May 13, 2016 @ 11:00 a.m. for furnishing
for the Augusta Recreation, Parks and Facilities Department:
RFP Item #16-179 Design and Installation of Playground Equipment at Valley Park
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP
documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 29, 2016 @ 5:00
P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered.
No proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of
contract with the successful bidder.
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the request for proposal including, but not
limited to, the number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which are
not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia
Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the
envelope.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 7, 14, 21, 28, 2016
Metro Courier April 13, 2016
RANKING SCORING
First Round Elimination Pass/Fail
A. Package submitted by the
deadline Pass/Fail PASS PASS PASS PASS
B. Package is complete
(includesrequested
information as required per
this solicitation)Pass/Fail
PASS PASS PASS PASS
C.Overall Quality of RFP
(concise and to-the-point)50 42.5 50 45 50
Proposer’s ’s Overall Ability
to Provide the Services 470
1. Technical Approach 100 80 100 87.5 95
2. Financial Responsibility 100 90 100 95 100
3. Project Management 95 87.5 92.5 90 95
4. Key Personnel & Staff 90 82.5 87.5 85 85
5. Organizational
Qualifications 75 67.5 75 72.5 75
6. Optional Interview
(Potential bonus Points) 10
407.5 455 430 450
Scope of Services 210
1. Durability 100 90 97.5 90 87.5
2. Play Value 80 55 77.5 62.5 72.5
3. Uniqueness 30 17.5 27.5 22.5 25
162.5 202.5 175 185
Proximity to Area
(Does not apply to Federally
Funded Projects)10
Within Richmond County 10
Within CSRA 8
Within Georgia 6 6 6
Within SE United States
(includes AL, TN, NC, SC,
FL) 4 4 4
All Others 2
CUMULATIVE 740 616.5 711.5 656 691
· Lowest 10
· Second 8
· Third 6
· Fourth 4
· Fifth 2
H. References 10 8 10 9.5 8.5
CUMULATIVE with
REFERENCE 740 624.5 721.5 665.5 699.5
Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary.
Submittal and Quality of RFP (MUST PASS FOR CONTINUED CONSIDERATION)
FEES PRICE SET IN RFP
CUMULATIVE SHEET
Sheet RFP Item #16-179
Design and Installation of Playground Equipment at Valley Park
for Augusta, Georgia - Recreation, Parks & Facilities Department
May 26, 2016 @ 10:00 a.m.
Playworld Preferred
10115 Kincey Ave., Suite
144
Huntersville, NC 28078
Dominicia Recreation
Products/Playcore Wisconsin
DBA Gametime
632 Florida Central Pkwy
Longwood, FL 32750
Playwork Playsets
2550 Sandy Plains Road
Suite 225 #348
Marietta, GA 30066
Bliss Products and Services
6831 S. Sweetwater Road
Lithia Springs, GA 30122
Evaluator: Date:
Procurement DepartmentRepresentative:______________________________________________
Procurement Department Completion Date:
Internal Use Only
Second Round Elimination
D. Narrative
Reference(s)
E. TOTAL
D. TOTAL
E. TO BE PROVIDED BY USER DEPARTMENT
F.Proximity to Area
Cost/Fee Consideration (Total Points 10)
G. Cost/Fee Proposal (Enclose in a separate sealed envelope)
Quality of RFP (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION)
VENDORS Attachment B E-Verify #SAVE
Form Addendum #1 Original 7 Copies
Playworld Preferred
10115 Kincey Ave., Suite 144
Huntersville, NC 28078
YES 946279 YES YES YES YES
Dominicia Recreation
Products/Playcore Wisconsin
DBA Gametime
632 Florida Central Pkwy
Longwood, FL 32750
YES 131211 YES YES YES YES
Playwork Playsets
2550 Sandy Plains Road
Suite 225 #348
Marietta, GA 30066
YES 53236 YES YES YES YES
Bliss Products and Services
6831 S. Sweetwater Road
Lithia Springs, GA 30122 YES 329247 YES YES YES YES
Total Number Specifications Mailed Out: 14
Total Number Specifications Download (Demandstar): 12
Total Electronic Notifications (Demandstar): 73
Mandatory Pre-Bid/Telephone Conference: NA
Total packages submitted: 4
Total Noncompliant: 0
RFP Opening
RFP Item #16-179
Design and Installation of Playground Equipment at Valley Park
for Augusta, Georgia - Recreation, Parks & Facilities Department
RFP Due: Friday, May 13, 2016 @ 11:00 a.m.
Page 1 of 1
Commission Meeting Agenda
6/21/2016 2:00 PM
Commission Policy for the Drafting of Ordinances and Code Amendments
Department:Commission
Department:Commission
Caption:Motion to approve Commission Policy for the Drafting of
Ordinances and Code Amendments. (Approved by
Administrative Services Committee May 14, 2016)
Background:The Commission considered a similar policy on March 15, 2005.
Analysis:See attached
Financial Impact:None
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Consensus appointments
Department:
Department:
Caption:Motion to approve obtaining updated profile information (Talent
Bank Questionnaire) and attendance records on current
consensus appointments by the Augusta Commission. (Approved
by Administrative Service Committee May 14, 2016)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AUG USTA-RICH MOND COU NTY
BOARDS, AUTHORITI ES AND COM M ISSIONS
AUTHORITIES
7. Augusta Canal Authority (District appointments)
2. Augusta Housing Authority (Mayora! appointments)
3. Augusta Port Authority (District appointments)
4. ARC Solid Waste Authority (Consensus appointments)
5. Coliseum Authority (Consensus appointments)
6. CSRA EO Authority (Consensus appointments)
7. Downtown Development Authority (Consensus appointments)
8. ARC Land Bank Authority (Consensus appointments)
9. Richmond County Hospital Authority (Consensus appointments)
10. Richmond County lndustrial Development Authority (Consensus appointments)
1L. Augusta Redevelopment Agency of Augusta (Consensus appointments)
12. Unified Development Authority (Consensus Appointment)
BOARDS
1. Animal Control Board (District appointments)
2. ARC Citizen's Small Business Advisory Board (District appointments)
3. ARC Transit Citizens Advisory Board (District appointments)
4. ARC Construction Board (Consensus appointments)
5. ARC Housing & Community Development Citizens Advisory Board (District
appointments)
6. ARC Personnel Board (District appointments)
7. Board of Elections(Consensus appointments)
8. Board of Health (Consensus appointments)
9. Board of Tax Assessors (Consensus appointments)
l-0. Board of Trustees of ARC Public Library (District appointments)
LL, Community Service Board of East Central Georgia(Consensus appointments)
12, Public Facilities Board (District appointments)
13. Department of Family & Children Services (DFCS) Board (Consensus appointments)
14. HB 100 Regional Board - Region 2 Board(Consensus appointments)
13. Riverfront Development Review Board (District appointments)
15. Sheriff's Merit Board (Consensus appointments)
15. Board of Zoning Appeals (District appointments)
coMMtsstoNs
17. Augusta Aviation Commission (Bush Field) (District appointments!
18. Augusta General Aviation Commission (Daniel Fieldl (District appointments!
19. ARC Historic Preservation Commission (District appointments)
20. ARC Planning Commission (District appointments)
21. ARC Tree Commission (District appointments)
22. Augusta Regional Transportation Study - Citizens Advisory Committee
(Consensus Appointments)
Commission Meeting Agenda
6/21/2016 2:00 PM
ORDINANCE TO AMEND CODE SECTIONS 1-2-2 AND 1-2-13 (RULE OF PROCEDURE 1.01)
RELATING TO THE TIME AND PLACE FOR MEETINGS
Department:Rules Sub-Committee
Department:Rules Sub-Committee
Caption:Motion to approve an Ordinance to amend the Augusta, GA Code
Title One Chapter Two Article One Section 1-2-2 and Section 1-
2-13 (Rule of Procedure 1.01) relating to the time and place for
Commission and Committee meetings of the Augusta, Georgia
Board of Commissioners; to repeal all Code Sections and
Ordinances and parts of Code Sections and Ordinances in conflict
herewith; to provide an effective date and for other purposes.
Waive Second Reading (Approved by Administrative Services
Committee May 14, 2016)
Background:The Commission Rules Sub-Committee was formed to review the
Rules of Procedure and make recommendations for improvement.
Analysis:See Attached.
Financial Impact:None.
Alternatives:N/A.
Recommendation:Approve
Funds are Available
in the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Approve the Mutual Aid and Automatic Aid Agreement With the City of Grovetown, GA
Department:Fire
Department:Fire
Caption:Motion to approve entering into a Mutual Aid Agreement and an
Automatic Aid Agreement with the City of Grovetown, GA to
provide for the protection of life and property of the citizens of
Augusta-Richmond County, Georgia and the City of Grovetown
and to authorize the Mayor to execute the appropriate documents.
(Approved by Public Safety Committee May 14, 2016)
Background:This agreement is to provide for assistance when disasters occur to
the magnitude which would necessitate the combined effort of
both agencies to mitigate said disaster(s) and is applicable to all
areas within the boundary of the City of Grovetown, GA, as well
as all areas within Augusta Richmond County, Georgia The
Automatic Aid Agreement will assist Augusta GA, citizens that
live close to the City of Grovetown GA, and Augusta GA
boundary. This agreement will allow Grovetown Fire Department
to automatically across boundary into Augusta GA, where
their fire station is located closer to citizen in Augusta GA than an
Augusta GA, fire station.
Analysis:
Financial Impact:
Alternatives:None at this time.
Recommendation:Approve a Mutual Aid Agreement and Automatic Aid Agreement
with the City of Grovetown, GA to provide for the protection of
life and property of the citizens of Augusta-Richmond County,
Georgia and the City of Grovetown, GA and to authorize the
Mayor to execute the appropriate documents.
Funds are Available Cover Memo
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Motion to Accept State Grant for Superior Court's Felony Drug Court
Department:Superior Court
Department:Superior Court
Caption:Motion to approve acceptance of a State grant in the amount of
$318,288 to support the operations of the Superior Court's Felony
Drug Court for the period July 1, 2016 through June 30,
2017. (Approved by Public Safety Committee May 14, 2016)
Background:Georgia's Accountability Court Funding Committee has awarded
the Augusta Judicial Circuit Adult Felony Drug Court $318,288 to
support the operations of the Court. These operations include
treatment services, case manager contract services, lab technician
contract services, compliance officer services, drug testing
services/supplies, staff training, and monthly bus passes (for
participants). This award is effective July 1, 2016 through June
30, 2017.
Analysis:
Financial Impact:Grant amount of $318,288 w/a $35,365 match from ARC. Match
will come from two sources: 1)Org Key/Obj Code
205000000/3511410, which consists of monies collected from
Drug Court participants (Participant Fees) and 2)a portion of our
Accountability Courts Coordinator's salary, which is funded by
Superior Court's Circuit Budget.
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
See "Summary Financial"
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Motion to Accept State Grant for Superior Court's Mental Health Court
Department:Superior Court
Department:Superior Court
Caption:Motion to approve acceptance of a State grant in the amount of
$150,639 to support the operations of the Superior Court's Mental
Health Court for the period July 1, 2016 through June 30,
2017. (Approved by Public Safety Committee May 14, 2016)
Background:Georgia's Accountability Court Funding Committee has awarded
the Augusta Judicial Circuit Mental Health Court $150,639 to
support the operations of the Court. These operations include
treatment services, case manager contract services, lab technician
contract services, security/compliance services, drug testing
services/supplies, staff training, and monthly bus passes (for
participants). This award is effective July 1, 2016 through June
30, 2017.
Analysis:
Financial Impact:Grant amount of $150,639 w/a $16,738 match from ARC. Match
will come from two sources: 1)Org Key/Obj Code
205000000/3511410, which consists of monies collected from
Drug Court participants (Participant Fees) and 2)a portion of our
Accountability Courts Coordinator's salary, which is funded
through Superior Court's Circuit Budget.
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
See "Summary Financial"
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Motion to Approve State Grant for Superior Court's Veterans Court
Department:Superior Court
Department:Superior Court
Caption:Motion to approve acceptance of a State grant in the amount of
$75,198 to support the operations of the Superior Court's Veterans
Court for the period July 1, 2016 through June 30, 2017.
(Approved by Public Safety Committee May 14, 2016)
Background:Georgia's Accountability Court Funding Committee has awarded
the Augusta Judicial Circuit Veterans Court $75,198 to support
the operations of the Court. These operations include treatment
services, case manager contract services, lab technician contract
services, drug testing services/supplies, staff training, and monthly
bus passes (for participants). This award is effective July 1, 2016
through June 30, 2017.
Analysis:
Financial Impact:Grant amount of $75,198 w/a $8,355 match from ARC. Match
will come from a portion of our Accountability Courts
Coordinator's salary, which is funded by Superior Court's Circuit
Budget.
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
See "Summary Financial"
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
Upgrade of TeamIA Software for Clerk of Court
Department:Information Technology
Department:Information Technology
Caption:Motion to approve Scope of Work with TeamIA to upgrade Clerk
of Court Software. (Approved by Public Safety Committee May
14, 2016)
Background:Augusta contracted with TeamIA of Lexington, SC in March 1999
to implement a system, generically known as County Document
Imaging Management System (CDIMS). The system has been in
constant operation in the Clerk of Superior, State, and Juvenile
Court (COC) since it was implemented in 1999. The TeamIA
software is used by the Real Estate Division of the COC for
capturing information related to real estate transactions in
Richmond County. The system also transmits this information to
the State of Georgia. TeamIA has prepared many incremental
updates for CDIMS since it was implemented, and the database
software has been upgraded many times in order to keep the
system up to date with the newest database releases and law
changes. The customer interface and screens are essentially the
same as they were at the time that the software was implemented.
The COC is very satisfied with the stability of the overall software
solution and the level of support and dedication that they have
received from the vendor, so a complete replacement of the
software and vendor is not the desire of the COC.
Analysis:The upgrade of the CDIMS software is necessary in order to
implement a version that incorporates modern programming
models and techniques. In the years since the Clerk of Court
originally implemented the software, TeamIA has developed more
capable versions of the software (using different technology) with
many features that cannot be duplicated as easily using our
currently installed version. Our software has been modified and
updated in accordance with legal requirements and our requests
for customizations, but until now there has not been a need to a
major upgrade in the seventeen years since implementation. Other
TeamIA customers have implemented using newer versions of the
Cover Memo
software, and it is time for Augusta to upgrade in order to take
advantage of the newer tools that are available, particularly
Georgia’s new eFiling requirement. The cost of the upgrade
proposal from TeamIA is composed of project coordination
among the COC, the Vendor, and IT; database conversion; system
configuration; testing; training; and the incorporation of
Richmond County custom features into the new software. There is
no software license cost because the licenses are being
transitioned to version 4.0 at no charge. In essence, our upgrade
will have all the features of our existing familiar software, plus
new items to which we do not currently have access such as the
upcoming eFiling requirement (a new feature required by the State
of Georgia). The contract proposal includes no increase in the
annual maintenance except for eFiling, which should add no more
than $3,500 to annual costs. This project is expected to be
complete in the 4th Quarter of 2016.
Financial Impact:The cost of this project is estimated at $182,500
Alternatives:N/A
Recommendation:Approve Scope of Work with TeamIA to upgrade Clerk of Court
Software
Funds are Available
in the Following
Accounts:
272015410.5424220
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Preliminary Statement of Work Augusta-Richmond County Clerk of Superior Court
Prepared by Team IA, Inc. CDIMS Upgrade
Page 1 of 4
Team IA Inc Proprietary and Confidential
Preliminary Statement of Work
For Augusta-Richmond County Clerk of Superior Court
1. PURPOSE OF THIS DOCUMENT
This Preliminary Statement of Work outlines a mutual agreement on the deliverables, business terms
and responsibilities of Team IA and the Augusta-Richmond County Clerk of Superior Court (“ROD”)
for the upgrade of the ROD’s CDIMS System software. This document will be amended to provide
additional detail on the system configuration changes requested once they have been identified upon
completion of the initial system analysis. The total estimated effort for these configuration changes
will not exceed the total budget figure in Section 6. As such, the ROD will have to prioritize the
requested changes such that they can select the highest priority changes that will fit within this budget.
It is possible that all requested changes may not be able to fit within this budget and will have to be
considered for a subsequent project at a later date.
2. PROJECT DESCRIPTION
The ROD has requested that Team IA upgrade the ROD’s CDIMS v1.0 system to CDIMS v4.0. Team
IA will be performing this project on a fixed price basis and will invoice monthly milestones. Team
IA will provide the existing base system functionality plus the “Already Identified Configuration
Changes” identified in Section 3, below, plus a block of additional hours for unidentified System
Configuration Changes.
3. DELIVERABLES
A. SOFTWARE
Team IA will provide CDIMS v4.0 SW Licenses at no additional cost to the Clerks’ Office.
B. SERVICES DELIVERABLES
Project Kickoff, Demo System Setup Testing, Requirements Definition and Configuration
Change Identification ($27,300)
Team IA will assist ROD staff with testing the base system functionality and assist with documenting
the configuration changes requested. Requested changes will be submitted to Team IA weekly. These
configuration changes will be prioritized by the ROD staff so that they can then select the ones to be
implemented that fit within the approved budget. Both parties will agree, in writing, on the detailed
specifications for the selected configuration changes that will be implemented.
Database Migration Scripts ($27,600)
Team IA will create and test the scripts that will be used to migrate the data from the current CDIMS
Oracle database to the upgraded Oracle Database. Oracle 11g will be used.
Already Identified Configuration Changes ($34,300)
Team IA will make the following configuration changes that have already been identified as required
for the upgraded system:
Preliminary Statement of Work Augusta-Richmond County Clerk of Superior Court
Prepared by Team IA, Inc. CDIMS Upgrade
Page 2 of 4
Team IA Inc Proprietary and Confidential
• Add email functionality to Public Access replicating the way that emailing documents
functions in the current ROD CDIMS system.
• Port the existing TCO FIFA Database Interface to be compatible with CDIMS v4.0. The
FIFA interface will continue to use the TCO database, importing the TCO created image
into CDIMS. The document will then be cashiered and indexed. The image will then be
stamped and the new stamped image will replace the image in the TCO database that was
originally created by the TCO system. Single user access to the FIFA interface will be
maintained.
• Reconfigure Public Access to allow for CDIMS to handle documents older than the
current CDIMS v1.0 system. These documents already have indexes in CDIMS from a
previously performed index data import. This functionality will replicate the
functionality already implemented in CDIMS v1.0 allowing for authorized ROD staff to
scan images and make index corrections. These older documents will be searchable from
a separate search screen than the documents that were originally submitted into CDIMS
v1.0 and will be submitted into v4.0.
• Provide new installation packages for CDIMS modules.
• Provide the GSCCCA eFiling interface. Submitters will use one of the existing
GSCCCA approved eFiling portals. A separate module will be provided for screening of
eFiled documents to ensure required data has been submitted prior to documents being
inserted into the CDIMS workflow. This extra module will provide the following
functionality:
o The user can view pending packages from the GSCCCA and select a package to
review
o The review screen will allow the user to view the document pages in the
package, place the recording stamp and reorder the pages. The user can reject
the package at this point.
o The user will cashier the package and review the fees. The user can reject the
package at this point.
o Once the user accepts the package, the book, page and instrument number are
placed on the pages, a PRIA document will be generated and sent to the
GSCCCA web service and the document pages are stored in CDIMS. If the
transmission fails, the batch will stay in the “awaiting transmission” status for
later upload.
o The user can view packages awaiting upload to restart the upload. The user can
query for past batches.
o A new CDIMS Admin permission will be created allowing users to be granted
the iaReviewer role, allowing them access to this new module.
o GSCCCA Certification of the CDIMS eFiling interface.
Unidentified System Configuration Changes ($28,800)
Team IA will provide up to 192 hours for unidentified system configuration changes. These will be
identified and prioritized in the Demo System Testing Phase. Any variation in scope throughout all
phases of this project will impact the amount of time available for these changes.
Project Management ($14,100)
The Team IA Project Manager will:
• Prepare and maintain project schedule
• Review project documents with ROD
• Assign appropriate Team IA resources to ensure on-time task completion
• Coordinate with ROD Project Manager all activities requiring joint action
• Keep written records of agreements between Team IA and ROD
• Manage action items
• Coordinate periodic status meetings
Preliminary Statement of Work Augusta-Richmond County Clerk of Superior Court
Prepared by Team IA, Inc. CDIMS Upgrade
Page 3 of 4
Team IA Inc Proprietary and Confidential
• Provide point of contact for communications and problem resolution during
implementation
Internal Testing ($24,000)
Team IA will perform testing on work product prior to handing it off to ROD staff for their testing.
Installation and Client Site Testing ($6,000)
Team IA will setup the database on the Oracle server, Install the Print server, install the updated
software on up to 3 PCs and provide system support during client testing.
Training ($7,200)
Team IA will provide 48 hours of on-site training for end users, administrators and system
administrators.
Production Implementation ($3,600)
Team IA will perform the data migration and install the CDIMS applications on one PC. The client
will then make an image of this PC to be used for deploying CDIMS to additional PCs.
Go-Live Support ($9,600)
Team IA will provide one on-site technician and one remote technician for 4 days each to support the
ROD users during the initial go-live period
5. PROJECT ESTIMATION AND SCHEDULING
Estimation of project services and software is based on the high-level needs analysis performed by
Team IA with ROD. Team IA will invoice for that actual services rendered. Team IA will not
proceed beyond the estimated service amount without receiving prior written approval from ROD.
Scheduling for the project is dependent upon available resources and coordination between Team IA
and ROD; therefore, the schedule will be determined upon approval of this Statement of Work.
6. PRICE AND PAYMENT TERMS
Team IA will charge $182,500 for the deliverables outlined in this preliminary Statement of Work, and
as modified in writing, signed by both parties.
Team IA will invoice 90% of the project total split into six monthly milestones based upon the 6 month
projected plan (6 milestones X $27,375 each) beginning 30 days from execution of this Statement of
Work. The final 10% ($18,250) will be invoiced upon acceptance. “Acceptance” is defined as Go-
Live plus thirty calendar-days in which no issues that inhibit the ability of the customer to perform
operations remain outstanding. Issues that would under normal circumstances be treated as a Support
Call are not considered to be inhibitions to the customer’s ability to perform operations.
Payment Terms
Invoice payment terms will be Net 30 Days.
Preliminary Statement of Work Augusta-Richmond County Clerk of Superior Court
Prepared by Team IA, Inc. CDIMS Upgrade
Page 4 of 4
Team IA Inc Proprietary and Confidential
8. APPROVALS
The undersigned hereby represent that the signatories indicated below are fully authorized to bind the
respective parties to this Agreement. Further the parties acknowledge and represent that no other action,
consent or approval by the respective parties, council, employee, agent or officer is necessary to enter this
Agreement as a binding and valid agreement.
For Augusta For Team IA
Hardy Davis, JR., Mayor Brent Yarborough, President
Date Date
Attest:
Lena Bonner, Clerk of Commission
Date
Project Contacts
Agency Project Representative TeamIA’s Project Representative
Name: Name: Emmeline Renshaw
Phone: Phone: 803-356-7676
Fax: Fax: 803-356-4942
E-mail : E-mail: erenshaw@teamia.com
Address: Augusta Richmond County Clerk of Superior Court
530 Greene Street
Augusta, Georgia 30911
Address: Team IA, Inc.
PO Box 1643
Lexington, S.C. 29071
Augusta changes to Dekalb code base - Prioritzied
Summary: The following items are proposed alterations to Dekalb County CDIMS code base.
The changes are prioritized by Need (N), Wants (W), and Wants – Has in current system (WH).
Need (N): High Priority
Wants – Has in Current System (WH): Medium priority
Wants (W): Low Priority
Cashiering – Needs (N)
1. Land Lots button – Change button name to ‘Districts’ and remove Land Lot drop down.
2. Change the word ‘Landlots’ on any document types to ‘Districts’.
3. Remove the four separate payment buckets Recording Fees, Penalty, Intangible Tax and Transfer
Tax. Only ‘Total Payments’ will remain as a line item. Richmond County wishes to only accept
one payment, not three separate ones as Dekalb does. The Charges side can stay as is.
4. Allow Drawdown Payment Types for recording and/or tax payments.
5. When selecting the Public as a submitter name, need the ability to enter name and address
underneath. Also the option to NOT save to the Submitter List but saved simply for this ticket#.
6. Expand the Check Number field to allow up to 25 characters.
INDEXING – Needs (N)
1. Change ‘Land Lot’ Property Data to ‘Phase’.
2. Increase Subdivision Comment box to 1000 characters.
3. Subdivision should be populated drop down list. Make this a list in Admin that can be populated
and changed.
4. Rename ‘Section’ column to ‘GMD’.
5. Add a column to the Property Data grid called ‘Legal Description’. Make it a text box that any
character can be entered up to 1000 characters. This field will be displayed at Public too. Place
it to the right of Subdiv Comment.
6. Change “Type” name field to “Book Type”, populate the drop down with active books. Make this
a list that can be altered in Admin.
7. Cross reference bar needs a new ‘Note’ column. This field should allow any characters up to
1000.
8. Increase the Return Address fields characters to 200 each.
9. The Indexing module and Scanning module to work on dual monitors. This is due to the small
size of the monitors in the clerks office.
SCANNING – Needs (N)
1. Currently the plat scanner scans the images into a network folder and the user imports those
files into CDIMS scan. The Dekalb system does not allow for import of tif files this way but it is
set up to use a twain scanner driver so that plats can scan directly into CDIMS scan. This will be
utilized also when the new law for accepting only e-filed plats goes into effect.
REPORTS – Needs (N)
NOTE: Highlighted line items need modifications or are brand new reports.
Augusta Report Name Dekalb Report
Equivalent
Changes/Notes
1. Deposits Cashier Balancing
Report
2. Cash Drawer – Payments from
Customers(Cash)
Cashier Balancing
Report
Allow the report to be
run by ‘All’ users
3. Cash Drawer – Payments from
Customers (Check)
Cashier Balancing
Report
Checks can also be
searched in Modify
Previous in Cashiering
4. Cash Drawer – Refunds to Customers Payments Report of
Refund Check
5. CDIMS Stats (In Admin) Performance Report
6. Documents to Be Fully Indexed (Book
Index)
Summary Report of
Work in Progress
Add a selection to run
the report by Book type
so that Liens and Deeds
can be separated
7. Proofing List Summary Report of
Work in Progress
8. Scan List Summary Report of
Work in Progress
9. Summary of Charges None suitable New Report as it will
have to be rewritten
10. Deed Index Grantee Report Grantee Index Report Report contains data
from Jan 1st, 2011 -
Present
11. Deed Index Grantor Report Grantor Index Report Report contains data
from Jan 1st, 2011 -
Present
12. Cancellations/Assignments None Report displays data in
similar format as Dekalb
Grantee Report but only
for document types
Cancellations and
Assignments from Jan
1st, 1965-June 30th, 1986
13. COTT Supplemental Deed Index
Grantee Report
None Report displays data in
similar format as Dekalb
Grantee Report but is
only for COTT historical
data from Jan 1st, 1965 –
June 30th, 1986
14. COTT Supplemental Deed Index Grantor
Report
None Report displays data in
similar format as Dekalb
Grantor Report but is
only for COTT historical
data from Jan 1st, 1965 –
June 30th, 1986
15. Audit Workflow by Instrument Number
Report
Recording System
Audit Trail Report
Needs option to select
to run by user ID and/or
Action Type and/or
Ticket#. This will satisfy
the need for reports 16-
19 also.
16. Audit Detail by User Report See report 15
17. Audit Detail by Ticket # Report See report 15
18. Audit Report See report 15
19. Audit Detail by Action Report See report 15
20. Performance Report Combine the User
Statistics report and
the Staff Statistics
report
21. Plat Index Report Plat Index Report
22. Index Report by Party One (Augusta
Chronicle Report)
None This report is run on the
Warranty Deed book
and a date range.
Output includes Grantor,
Grantee, Instrument
Type, Date Recorded,
Book/Page number,
Legal Description and
Revenue/Stamps dollar
amounts.
23. WIP11 Fee Codes Report Not Needed
24. Accounts Receivable Report Not Needed
25. Summary Report (No Fifa) Not Needed
26. Summary Report (Only Fifa) Not Needed
27. Summary of Adjustments Not Needed
28. Exemptions Not Needed
29. Firm Report (chg) Not Needed
30. E-File Report New This report would need
to include a total of all
payments accepted for
e-filed documents. The
Date filed, the ticket #,
and the user ID of the
person accepting the
document. The report
would need to be run by
date filed and All or
specific user ID.
Public Access – Needs (N)
NOTE: The changes below are for the CDIMS Public search data (current data), not the COTT historical
data search screens. The COTT historical data search screens will remain with the same search
capabilities and displaying the same data in the updated system.
1. Add Legal Description (field from Indexing) to the hit list for Party Name search, Book/Page
search, Simple Name search, Property search, and Advanced Search. A floating message box will
display the Legal Description as the hit list does not have enough room.
2. Add ‘children’ documents to the hit lists
3. Advanced Search: Add the following search criteria
a. Legal Description (text search, wildcard characters)
b. Party Type drop down box (grantor, grantee, Direct, Indirect, etc). Need the ability to
select more than one Party Type at a time (ctrl + click)
4. Name search screen: Remove Land Lot column
5. Name search screen: Remove Pages column
6. Add a ‘Select All’ check box to the Advanced Search screen F11 shows list.
7. Need an ‘Available Date’ displayed on the Document Details screen. This date/time stamp is the
acceptance date that come back from the Authority when a document is accepted.
Public Access Wants – Has Currently (WH)
1. Activate the Print Queue button when something is in it. Example, currently it turns the Print
Queue button red. Change the print queue button red and change the current selection button
color to green.
2. Put an indicator on the hit list that a document has been viewed already (check mark, turn the
link a different color, etc)
Cashiering – Wants (W)
7. When PT-61 documents are Cashiered the system must require the PT-61 Control number and
Transfer Tax to be entered in order for the information to be saved. A pop up box will appear
reminding the user to enter these items. If they are not entered the document cannot be saved.
8. Front screen Cashiering grid: Hide the Copies and Certified Copies columns.
9. Hide Parties button
10. Hide FRRF # button.
11. Add a field for ‘Check Phone #’. This field should allow numerical characters up to 10 and
display the phone number in xxx-xxx-xxxx format.
12. Accept Credit Cards for payment.
13. Add a pop up calendar to Date Executed and Maturity Date on the Add Charge page.
14. Remove the Public Access radio button and any defaults or changes it may make to the
Cashiering main screen.
INDEXING – Wants (W)
1. Make the Select Instrument button work with the Enter key.
2. Add a ‘Copy From Previous Instrument’ button for the Comment field and Return Address field.
3. When a document is cross referenced, copy down the party names from the parent document.
Public Access – Wants (W)
1. Print Queue: Add a quick print page for printing individual pages (currently you have to click ok)
2. Change color of book/page number in hit list to green if no image is present
3. Title searchers would like to change the hit list for Advanced Search to the same format that
appears for the book/page hit list. This would limit the list to only 10 hits per pages.
Commission Meeting Agenda
6/21/2016 2:00 PM
Accept and appropriate funds for the Georgia Power Distributed Generation (solar) Program.
Department:Environmental Services
Department:Environmental Services
Caption:Motion to accept and appropriate $585,000 from Inman Solar
Incorporated (ISI) for reimbursement and coverage of costs
associated with Augusta’s participation in the Georgia Power
Distributed Generation (solar) Program. (Approved by
Engineering Services Committee May 14, 2016)
Background:Augusta performed a quick evaluation of usage and available land
at multiple government facilities and identified 5 possible
locations suitable for this program. Augusta submitted an
application for the 5 sites to be considered under this
program. Georgia Power has awarded 3 of the 5 sites submitted,
which include, the sewer treatment plant on Doug Barnard Pkwy,
the water production facility on Tobacco Road and the jail on
Phinizy Road. The City has since awarded RFP #16-171 to ISI for
the design, construction and operation of each solar facility
through land lease agreements. Each lease agreement includes a
requirement that the lessee (ISI) pay the City a sum of $195,000
upon execution of the agreements. The total payment of $585,000
is for initial application development and fees, engineering, third
party expenses for bidding assistance, construction administration
services, and other third party services.
Analysis:Augusta is to receive $585,000 from ISI as specified in the
executed lease agreements. Augusta needs to properly appropriate
those funds to address out of pocket expenses, minimize project
delays, and meet Georgia Powers requirements and specifications.
ESD is recommending budget adjustments and appropriations be
made with the funds received from the developer in the following
method. First, ESD will be reimbursed the initial application fees
of $75,000 payable to account number 542-04-4110/5212999.
Second, a 2016 budget increase to account number 541-04-
4210/5311410, and an appropriation via purchase order to Atlantic
Coast Consulting, Inc (ACC) in the amount of $510,000 for initial
application development, engineering, third party expenses for
Cover Memo
bidding assistance, construction administration services, and other
third party services. ACC has an existing contract with ESD
which was executed February 29, 2012 and procured through RFP
#11-146.
Financial Impact:Funds in the amount of $585,000 are being provided by ISI with
$75,000 repaying ESD’s application fees, and the remaining
$510,000 having a budget adjustment to account number 541-04-
4210/5311410 and an appropriation to ACC via purchase order.
Alternatives:1. Do not accept the funds and appropriate to the accounts listed.
Recommendation:Accept and appropriate $585,000, from Inman Solar Incorporated
(ISI) for reimbursement and coverage of costs associated with
Augusta’s participation in the Georgia Power Distributed
Generation (solar) Program.
Funds are Available
in the Following
Accounts:
Receive $585,000 from ISI with $75,000 repaying ESD’s
application fees to account number 542-04-4110/5212999, and the
remaining $510,000 having a budget adjustment to account
number 541-04-4210/5311410 and an appropriation to ACC via
purchase order.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
6/21/2016 2:00 PM
SOUTHAMPTON SECTION TWO DEDICATION
Department:Engineering
Department:Engineering
Caption:Motion to approve the deeds of dedication, maintenance
agreements, and road resolutions submitted by the Engineering
and Augusta Utilities Departments for Southampton Subdivision,
Section Two. (Approved by Engineering Services Committee
May 14, 2016)
Background:The final plat for Southampton Subdivision, Section Two, was
approved by the Commission on September 15, 2015. The
subdivision design and plat for this section, including the storm
drain system, have been reviewed and accepted by our
engineering staff and the construction has been reviewed by our
inspectors. The Utilities Department has inspected and reviewed
the water and sanitary sewer installations, and hereby requests
acceptance of the utility deed.
Analysis:This section meets all codes, ordinances and standards. There are
no wetlands or 100-year flood plain boundaries involved in this
section. Acceptance of said utility deed shall dedicate, as required,
the water and sanitary sewer mains along with the applicable
easements to Augusta, Georgia for operation and maintenance.
Financial Impact:By accepting these roads and storm drainage installations into the
County system and after the 18-month maintenance warranty by
the developer/contractor for the roads and storm drainage has
expired, all future maintenance and associated costs will be borne
by Augusta, Georgia. By acceptance of the utility deeds and
maintenance agreements, all future maintenance and associated
costs for water and sanitary sewer installations will be borne by
Augusta, Georgia, and positive revenue will be generated from the
sale of water and sanitary sewer taps and monthly billing of same.
Alternatives:1. Approve the deeds of dedication, maintenance agreements, and
road resolutions submitted by the Engineering and Augusta
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Utilities Departments for Southampton Subdivision, Section Two.
2. Do not approve and risk litigation.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
6/21/2016 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the regular meeting of the
Commission held June 7, 2016 and Special Called Meeting held
June 14, 2016.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
6/21/2016 2:00 PM
District 2 Appointments
Department:
Department:
Caption:Motion to approve the appointment of Don Bradley to the
General Aviation Commission (Daniel Field) to fill the unexpired
term of Gloria Dunbar representing District 2.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
6/21/2016 2:00 PM
Title VI Program Update
Department:Planning and Development
Department:Planning and Development
Caption:Approve the updated Title VI Program for Transportation and
Public Transit Planning Pursuant to Federal regulations.
Background:As a recipient of Federal transportation and public transit planning
funds, the city of Augusta is required to comply with Federal
Transit Administration and Federal Highway Administration
regulations implementing Title VI of the Civil Rights Act of 1964.
Title VI states that "no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance." In March 2015,
the city adopted and implemented a Title VI program as a
condition of receiving Federal funds for transportation and public
transit planning activities, and in order to ensure that such
activities are carried out in a non-discriminatory manner.
Analysis:The Planning and Development Department is the designated
Metropolitan Planning Organization (MPO) for coordinating
transportation and transit planning activities. Recently, the
Planning and Development Department was informed that some
additions were necessary to bring the Title VI Program in full
compliance with Federal Highway Administration requirements.
The attached, updated Title VI Program includes the following
additions: 1. Organizational Chart 2. Updated Title VI Assurances
for FHWA 3. Appendix A - Required Nondiscrimination Clauses
in Contracts 4. Appendix B - Required Nondiscrimination Clauses
in Property Transfers 5. Appendix C - Required
Nondiscrimination Clauses in Deeds, Licenses, and Permits 6.
Title VI Compliance Questionnaire for Local Agencies 7. Title VI
Compliance Questionnaire for Planning Organizations 8. Title VI
Self-Survey Form
Financial Impact:No additional financial impact. Title VI compliance is a part of the
work program for the Planning and Development Department.
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Alternatives:Do not approve the updated Title VI Program. This alternative
would result in non-compliance with federal regulations.
Recommendation:Approve the updated Title VI Program pertaining to transportation
and public transit planning activities.
Funds are Available
in the Following
Accounts:
Funding for the Planning Division of the Planning and
Development Department is in account # 220-01-6309
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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GEORGIA DEPARTMENT OF TRANSPORTATION
One Georgia Center, 600 West Peachtree Street, NW
Atlanta, Georgia 30308
Telephone: (404) 631-1000
Russell R. McMurry, P. E., Commissioner
Title VI Self-Survey: __________
YEAR
Survey Date: ________________________________ Local Government: _______________________
Name of Program/Grant: ________________________________________________________________
Summary of Complaints:
Number of complaints for the past year: _______________________________________
Number of complaints voluntarily resolved: ____________________________________
Number of complaints currently unresolved: ___________________________________
Attach a summary of any type of complaint and provide:
§ Name of complainant
§ Race
§ Charge
§ Findings
§ Corrective Action
§ Identify any policy/procedure changes required as a result of the complaint
§ Provide the date history (date complaint received through resolution)
Distribution of Title VI Information:
Are new employees made aware of Title VI responsibilities pertaining to their specific duties?
Yes _____ No _____
Do new employees receive this information via employee orientation?
Yes _____ No _____
Is Title VI information provided to all employees and program applicants?
Yes _____ No _____
Is Title VI information prominently displayed in the organization and on any program materials distributed?
Yes _____ No _____
Identify any improvements you plan to implement before the next self-survey to better support Title VI communication to employees
and program applicants.
Identify any problems encountered with Title VI compliance.
Signature: ____________________________
Title: _______________________________
Date: ________________________________
Return to: Georgia Department of Transportation
Equal Employment Opportunity Division
600 W. Peachtree St., 7th Floor
Atlanta, GA 30308
PHONE: (404) 631-1497
FAX: (404) 631-1943
ATTENTION: Adoraeu Jouett
Title VI/Environmental Justice Specialist
GDOT Title VI Assurances
The (Title of Recipient) (hereinafter referred to as the “Recipient”), HEREBY AGREES THAT as a condition to receiving
any federal financial assistance from the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 USC 2000d—42 USC 2000d—4 (hereinafter referred to as the Act), and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of
Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the
end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the
grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from
the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection
21.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific
assurances to its Federal Aid Highway Program.
1. That the Recipient agrees that each “program” and each “facility” as defined in Subsections 21.23(e) and 21.23(b) of
the Regulations, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in
compliance with all requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the
Regulations made in connection with Federal Aid Highway and in adapted form in all proposals for negotiated
agreements:
“The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity
to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex,
or national origin in consideration for an award.”
3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the
Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in
any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest
therein.
5. That where the Recipient receives federal financial assistance to construct a facility, or part of a facility, the
Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient received federal financial assistance in the form, or for the acquisition of real property, or an
interest in real property, the Assurance shall extend rights to space on, over, or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as a covenant
running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the
Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal
Aid Highway Program; and (b) for the construction or use of, or access to space on, over, or under, real property
acquired or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which federal financial assistance is extended to the
program, or is in the form of personal property, or real property or interest therein or structures or improvements
thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or
for another purpose involving the provision of similar services or benefits; or (b) the period during which the
Recipient retains ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program, as are found by the State Secretary of
Transportation or the official to whom s/he delegates specific authority, to give reasonable guarantee that it, other
recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of
federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the
Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising
under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans,
contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by
the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, sub-
grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Aid
Highway Program. The person or persons whose signatures appear below are authorized to sign this Assurance on
behalf of the Recipient.
_____________________ ____________________________________
Date (Recipient)
by_____________________________________
(Signature of Authorized Official)
Attachments: Appendices A, B and C.
APPENDIX A
The text below, in its entirety, is in all contracts entered into by GDOT. All of the text including the final section,
entitled “Incorporation of Provisions,” should be included in any contract entered into by any GDOT contractor.
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Contractor”), agree as follows:
1. Compliance with Regulations
The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the
Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they
may be amended from time to time, (hereinafter referred to as the Regulations), 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, shall not discriminate on the grounds of
race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials
and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed
under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color, sex, or national origin.
4. Information and Reports
The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may
be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the (Recipient),
or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance
In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient)
shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions
The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement
of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Contractor shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal
Highway Administration 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 supplier as a result of such direction, the Contractor may request the (Recipient) enter into such
litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
APPENDIX B
The following clauses shall be included in any and all deeds affecting or recording the transfer of
real property, structures, or improvements thereon, or interest therein from the United States.
Granting Clause
NOW, THEREFORE, the Georgia Department of Transportation (GDOT)—as authorized by law, and upon the
condition that the state of Georgia will accept title to the lands and maintain the project constructed thereon, in
accordance with and in compliance with Title 23, United States Code, the Regulations for the Administration of Federal
Aid for Highways; the policies and procedures prescribed by the Federal Highway Administration of the Department
of Transportation; and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d-4)—does hereby remise,
release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the GDOT in and to said
land described in Exhibit A attached hereto and made a part thereof.
Habendum Clause
TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used for a purpose
for which the federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits and shall be binding on the state of Georgia, its successors, and assigns.
The state of Georgia , in consideration of the conveyance of said lands and interests in lands, does hereby covenant
and agree, as a covenant running with the land for itself, its successors and assigns, that (1) no person shall, on the
grounds of race, color, sex, disability, national origin, age, or religion, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over,
or under such lands hereby conveyed*, (2) that the state of Georgia shall use the lands, and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination of Federally Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended, (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the agency shall have a right to reenter said lands and facilities on said land, and the above described land
and facilities shall thereon revert to and vest in, and become the absolute property of, GDOT and its assigns as such
interest existed prior to this instruction.¹
____________________
¹ Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of Civil Rights
Act of 1964.
APPENDIX C
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by GDOT pursuant to the provisions of Assurance 7.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event
facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose
for which a GDOT program or activity is extended, or for another purpose involving the provision of similar services
or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to
terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease
had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by GDOT
pursuant to the provisions of Assurance 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running with the land,
that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction
of any improvements on, over, or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation— Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to
terminate the [license, lease, permit, etc.] and to reenter and repossess said land and the facilities thereon, and hold the
same as if said [license, lease, permit, etc.] had never been made or issued.
*[Include in deeds subject to a reverter clause]
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to reenter
said land and facilities there-on, and the above described lands and facilities shall thereupon revert to and vest in and
become the absolute property of the STATE and its assigns.
____________________
* Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title
VI of Civil Rights Act of 1964.
Commission Meeting Agenda
6/21/2016 2:00 PM
Municipal Building Parking Lot Renovations
Department:Clerk of Commission
Department:Clerk of Commission
Caption:Discuss Municipal Building parking lot renovations. (Requested
by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
6/21/2016 2:00 PM
Affidavit
Department:
Department:
Caption:Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo