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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 ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia Contract Forms AIP No. 3-13-0011-038-2015 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. ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia Contract Forms AIP No. 3-13-0011-038-2015 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-2 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-3 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, ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-4 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-5 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-6 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-7 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-8 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-9 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-10 (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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-11 (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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-12 (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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-13 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-14 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-15 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-16 (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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-17 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-18 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-19 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-20 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-21 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-22 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-23 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-24 ---------------------------------------------------------------- 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. ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-25 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 ARFF Pavement Rehabilitation Issued for Bid Augusta Regional Airport, Augusta, Georgia Federal Contract Provisions AIP No. 3-13-0011-038-2015 December 18, 2015 FP-26 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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.” FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 (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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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, FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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, FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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, FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 (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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 (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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 (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. FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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: FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 EXHIBIT A BID COSTS SHEETS FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 EXHIBIT B REQUIRED SUBMITTALS FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 FAA 150/5370-10G (7/21/2014) ARFF Pavement Rehabilitation Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 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 Cover Memo 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: Cover Memo 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: Cover Memo 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: Cover Memo 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. Cover Memo 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 Cover Memo 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: Cover Memo 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