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HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND REEVES CONSTRUCTION COMPANY FOR RUNWAY 5/23 & AIRFIELD PAVEMENT RENOVATIONS AT DANIEL FIELD AIRPORT CONTRACT AGREEMENT GDOT Project No.:AP019-9036-57(245) THIS AGREEMENT,made as of u(1� \c8 2,01q is BY AND BETWEEN the OWNER: AUGUSTA,GEORGIA 535 Telfair Street Augusta,GA 30901 And the CONTRACTOR: REEVES CONSTRUCTION COMPANY 1 APAC Industrial Way Augusta,GA 30907 WITNESSETH: WHEREAS it is the intent of the OWNER to make improvements at DANIEL FIELD AIRPORT(DNL)generally described as follows; RUNWAY 5/23 REHABILITATION TAXIWAY DELTA REHABILITATION (ADD ALT#1) TERMINAL APRON REHABILITATION (ADD ALT#2) hereinafter referred to as the Project. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as follows: Article 1-Work It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the CONTRACTOR by the OWNER,CONTRACTOR shall faithfully furnish all necessary labor,equipment,and material and shall fully perform all necessary work to complete the Project in strict accordance with this Contract Agreement and the Contract Documents. Article 2—Agreement This contract, the documents issued hereunder, and the accompanying General Provisions, Supplementary Provisions,FAA Contract Provisions,Technical Specifications,Addenda,Request for Bids,Instructions to Bidders, Proposal and associated attachments,Performance Bond, Payment Bond,Wage Rate Determination, Insurance certificates, documents incorporated by reference, documents incorporated by attachment and all authorized change orders issued subsequent to the date of this agreement constitute the entire agreement between the parties. All documents comprising the Contract Documents are complementary to one another and together establish the complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto. Article 3—Contract Price In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance with the Contract Documents,OWNER shall pay the CONTRACTOR an amount equal to: One Million Six Hundred Eighty-Six Thousand Twelve and 35/100 dollars $1,686,012.35 subject to the following; a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S Bid Proposal,which is attached to and made a part of this Agreement; b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by the associated estimated quantities; c. CONTRACTOR and OWNER agree that said estimated quantities are not guaranteed and that the determination of actual quantities is to be made by the OWNER'S ENGINEER; d. Said amount is subject to modification for additions and deductions as provided for within the Contract General Provisions. Article 4—Payment Upon the completion of the work and its acceptance by the OWNER,all sums due the CONTRACTOR by reason of faithful performance of the work,taking into consideration additions to or deductions from the Contract price by reason of alterations or modifications of the original Contract or by reason of"Extra Work"authorized under this Contract,will be paid to the CONTRACTOR by the OWNER after said completion and acceptance. The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against the OWNER,arising out of,or by reason of,the work completed and materials furnished under this Contract. OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the General Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for the value of work performed and materials completed in place in accordance with the Contract Drawings and Specifications. Progress payments are subject to retainage requirements as set forth in the General Provisions. Article 5—Contract Time The CONTRACTOR agrees to commence work within ten(10)calendar days of the date specified in the OWNER'S Notice-to-Proceed. CONTRACTOR further agrees to complete said work within seventy-one(71)calendar days (no additional time for alternates)of the commencement date stated within the Notice-to-Proceed. It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the Work,taking all factors into consideration.Furthermore,extensions of the Contract Time may only be permitted by execution of a formal modification to this Contract Agreement in accordance with the General Provisions and as approved by the OWNER. Article 6—Liquidated Damages The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and that the OWNER will suffer additional expense and financial loss if said Work is not completed within the authorized Contract Time.Furthermore,the CONTRACTOR and OWNER recognize and understand the difficulty, delay,and expense in establishing the exact amount of actual financial loss and additional expense.Accordingly, in place of requiring such proof,the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non-penal sum of$1,500 per day for each calendar day required in excess of the authorized Contract Time and Phase as below: Schedule Liquidated Damages Cost Allowed Construction Time Phase I $1,500 19 Calendar Days Phase II $1,500 7 Calendar Days Phase III none 30 Calendar Days Phase IV $1,500 11 Calendar Days Furthermore,the CONTRACTOR understands and agrees that; a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of said liquidated damages; b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR, SURETY or both. Article 7—CONTRACTOR'S Certifications The CONTRACTOR understands and agrees that all representations and certifications made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. Article 8—Miscellaneous a. CONTRACTOR understands that it shall be solely responsible for the means, methods, techniques, sequences and procedures of construction in connection with completion of the Work; b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish any materials that are not covered or authorized by the Contract Documents unless authorized in writing by the OWNER or ENGINEER; c. The rights of each party under this Agreement shall not be assigned or transferred to any other person, entity,firm or corporation without prior written consent of both parties; d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal representatives to the other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. e. CHOICE OF LAW:This Agreement shall be governed by the applicable laws of the State of Georgia and all applicable Federal Laws. f. DISPUTES:If a dispute between OWNER and CONTRACTOR remain unresolved,either Party may submit the dispute to the Superior Court of Richmond County,Georgia,or the United States District Court for the Southern District of Georgia-Augusta Division. By executing this Agreement,the Parties specifically consent to jurisdiction and venue in Richmond County or the United States District Court for the Southern District of Georgia-Augusta Division, and waives any right to contest said jurisdiction and venue. g. MODIFICATION:Any amendment or modification of this Agreement shall require the mutual,written consent of the Parties. h. GEORGIA OPEN RECORDS ACT: CONTRACTOR acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (OCGA §50-18-70, et seq.). CONTRACTOR shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. CONTRACTOR shall clearly mark any information provided to OWNER which CONTRACTOR contends is proprietary information. CONTRACTOR shall notify OWNER immediately of any Open Records Request arising out of this Agreement and shall provide OWNER a copy of any response to the same. i. CONFLICTS OF INTEREST; PROHIBITED INTERESTS: CONTRACTOR maintains and warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for CONTRACTOR,to solicit or secure this Agreement. Further,CONTRACTOR warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR,any fee,commission,percentage, brokerage fee,gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, OWNER shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer, employee, or agent of OWNER shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. j. Defective Pricing:To the extent that the pricing provided by CONTRACTOR is erroneous or defective, the Parties may,by agreement,correct the pricing errors to reflect the intent of the Parties. k. Severability: If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement shall continue in full force and effect. I. Independent Contractors: Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture,partnership or formal business organization of any kind. m. Authority to Execute Agreement: Each Party represents that is has obtained all necessary approval, consents, and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract,enforceable in accordance with its terms;and the execution,delivery,and performance of this Agreement does not violate any bylaw,charter, regulation, law or any other governing authority of the Party. n. Waiver: Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in writing and signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power,or the waiver of any other right or power. o. Insurance: CONTRACTOR agrees to meet the following insurance requirements: 1. Worker's Compensation: State: Statutory Applicable Federal(e.g. Longshoreman's): Statutory Employer's Liability: $500/500/500 2. Comprehensive General Liability (including Premises-Operations; Independent Contractors Protection; Products Liability--Completed Operations; Broad Form Property Damage): • General Aggregate (Except Products-Completed Operations) $ 1,000,000 • Products-Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury(per Person/Organization) $ 1,000,000 • Each Occurrence(Bodily Injury and Property Damage) $ 1,000,000 • Personal Injury Liability Coverage will not include Claims arising out of Employment. • Exclusions of Property in Contractor's Care,Custody or Control will not be eliminated. • Property Damage Liability Insurance will Provide Coverage for Explosion, Collapse and Underground Damage. 3. Contractual Liability(Bodily Injury and Property Damage): • General Aggregate $2,000,000 • Each Occurrence $2,000,000 4. Automobile Liability: • Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident • Property Damage: $500,000 Each Accident or a combined single limit of$1,000,000 $1,000,000 Annual Aggregate or a combined single limit of$1,000,000 5. Liability coverage for OWNER, ENGINEER, ENGINEER's Consultants and others listed in the Supplementary Conditions will be provided by endorsement as additional insureds on Contractor's Liability Policy. • ENGINEER: Goodwyn, Mills and Cawood, Inc. 1450 Greene Street,Suite 505 Augusta,GA 30901 • OWNER: Augusta,Georgia 535 Telfair Street Augusta,GA 30901 6. Excess Umbrella Liability • General Aggregate: $2,000,000 • Each Occurrence: $2,000,000 7 WAIVER OF SUBROGATION: All insurance certificates shall provide for Waiver of Subrogation against the Owner, Engineer and their Consultants,by the Contractor, Subcontractors,and their insurers. p. Bond:Contractor shall provide a Construction Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price and Construction Payment Bond in an amount equal to one hundred percent(100%)of the Contract Price. q. Force Majeure: Neither Party shall be liable for its non-performance or delayed performance if caused by a Force Majeure. A force majeure shall mean any event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, and act of the public enemy, and act of a governmental entity,strikes,other labor disturbances,supplier performance,hurricanes,earthquakes, fires,floods,epidemics,embargoes,war riots,or any other similar cause. A Party that becomes aware of a Force Majeure that will significantly delay performance shall notify the other Party promptly(but in no event later than fifteen days)after it discovers the Force Majeure. If a Force Majeure occurs,the Parties will execute a change order to extend the Performance Schedule or applicable Addenda or Amendment to this Agreement for a time period that is reasonable under the circumstances. r. Default by a Party:If either Party fails to observe, perform,or comply with a material obligation,term, covenant, agreement, or condition under this Agreement, the other Party may consider the non- performing Party to be in default(unless a Force Majeure causes the failure)and may assert a default claim by giving the non-performing Party a written and detailed notice of Default. The defaulting Party will have thirty(30)days after receipt of the notice of default to cure the default. If the default is not curable in thirty(30)days,the defaulting Party shall provide a written cure plan that must be approved by the other Party. s. Failure to Cure Default: If the defaulting Party fails to cure the default as provided in the above Subsection (r), unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, if the non-defaulting Party is the OWNER, the OWNER may recover from CONTRACTOR the reasonable costs incurred to complete the Project through a third party. OWNER will mitigate its damages and provide CONTRACTOR with detailed invoices substantiating the charges of the third party. The duties and obligations imposed by the Agreement Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. t. Termination for Default: Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with OWNER termination of this Agreement due default of the CONTRACTOR. Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this Agreement. OWNER will provide CONTRACTOR written notice that describes the nature of the breach and corrective actions the CONTRACTOR must undertake in order to avoid termination of the contract.OWNER reserves the right to withhold payments to Contractor until such time the CONTRACTOR corrects the breach or the OWNER elects to terminate the contract.The Owner's notice will identify a specific date by which the CONTRACTOR must correct the breach.OWNER may proceed with termination of this Agreement if the CONTRACTOR fails to correct the breach by deadline indicated in the OWNER'S notice.The duties and obligations imposed by the Agreement Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties,obligations, rights and remedies otherwise imposed or available by law. u. Termination for Convenience: OWNER may terminate this Agreement,in whole or in part,for its own convenience by providing CONTRACTOR ten (10) days' written notice. Such action may be with or without cause and without prejudice to any other right or remedy of OWNER. Upon receipt of a written notice of termination,except as explicitly directed by the OWNER,the CONTRACTOR shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: • Contractor must immediately discontinue work as specified in the written notice; • Terminate all subcontracts to the extent they relate to the work terminated under the notice; • Discontinue orders for materials and services except as directed by the notice; • Deliver to the OWNER all fabricated and partially fabricated parts, completed and partially completed work,supplies,equipment and materials acquired prior to termination of the work and as directed in the written notice. • Complete performance of the work not terminated by the notice. • Take action as directed by the OWNER to protect and preserve property and work related to this Agreement that OWNER will take possession. OWNER agrees to pay Contractor for: • Completed and acceptable work executed in accordance with the Agreement documents prior to the effective date of the termination; • Documented expenses sustained prior to the effective date of termination in performing work and furnishing labor,materials,or equipment as required by the Agreement documents in connection with uncompleted work; • Reasonable and substantiated claims,costs,and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers';and • Reasonable and substantiated expenses to the CONTRACTOR directly attributable to OWNER'S termination action. OWNER will not pay CONTRACTOR for loss of anticipated profits or revenues,or other economic loss arising out of or resulting from the OWNER'S termination action. The rights and remedies that this clause provides are in addition to any other rights and remedies provided by law or under this Agreement. v. Indemnification: CONTRACTOR shall indemnify and hold OWNER, its employees, officers, and agents harmless from any and all liability, expense,judgment, suit, cause of action, or demand for personal injury,death,or direct damage to tangible property which may accrue against OWNER to the extent it is caused by the negligence of CONTRACTOR, its subcontractors, employees, or agents, while performing their duties under this Agreement. OWNER shall cooperate with CONTRACTOR in its defense or settlement of the claim of suit. Article 9-Warrantees and Guarantee The Contractor shall provide the manufacturer's warranties to the Owner for all equipment and the Contractor warrants equipment and guarantees workmanship for satisfactory in-service operation of the equipment and related components for a period of one year following the date of completion of the operational check period. Article 10—OWNER'S Representative The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows: Goodwyn, Mills and Cawood, Inc. Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work. Article 11—Federal Contract Provisions CIVIL RIGHTS—GENERAL The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS—TITLE VI ASSURANCE 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: • Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. • Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR part 21. • Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race,color,or national origin. • Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records,accounts, other sources of information,and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. • Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate,including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies;and/or b. Cancelling,terminating,or suspending a contract, in whole or in part. • Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: • Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat. 252), (prohibits discrimination on the basis of race,color, national origin); • 49 CFR part 21(Non-discrimination In Federally-Assisted Programs of The Department of Transportation— Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability);and 49 CFR part 27; • The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,creed,color,national origin,or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,color, national origin,and sex); • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor,the Federal Aviation Administration,and the Comptroller General of the United States or any of their duly authorized representatives,access to any books,documents, papers,and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions.The Contractor agrees to maintain all books,records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6201et seq). TRADE RESTRICTION CERTIFICATION(include in all AIP contracts) By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror- 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 as published by the Office of the United States Trade Representative (U.S.T.R.); 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 included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R;and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. 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. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S.firms published by the U.S.T.R.or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R.list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by U.S.T.R,unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. COPELAND"ANTI-KICKBACK"ACT Contractor must comply with the requirements of the Copeland"Anti-Kickback"Act(18 U.S.C.874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner,a weekly statement on the wages paid to each employee performing on covered work during the prior week.Owner must report any violations of the Act to the Federal Aviation Administration. DISADVANTAGED BUSINESS ENTERPRISE Contract Assurance(§26.13)-The contractor or subcontractor shall not discriminate on the basis of race,color, national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of 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 recipient deems appropriate,which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages;and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment(§26.29)-The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Owner.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 Owner.This clause applies to both DBE and non-DBE subcontractors. DAVIS-BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph(1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination;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. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2.Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of each such worker,his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked,deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records 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. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant,sponsor,or owner,as the case may be,for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at 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 Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit them to the applicant,sponsor,or owner,as the case may be,for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant,sponsor,or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete; (2)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. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,and 29 CFR Part 30. 5.Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by reference in this contract. 6.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,6 and 7.Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 10.Certification of Eligibility. (i) By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. AUGUSTA,GEORGIA AUGUSTA,GEORGIA By: ,.irr AIM By: David Fiel s, Chairman,General Aviation Sean Franto Commission Mayor Pro Tempore REEVES CONSTRUCTION COMPANY !/�Jl-Kiti ///.��;L 1�r�f, By: �JA kt. uuuj't6 rw� z w u i 4:14 j "' % i Name Printed: S�G er c °®4,00 Its: Ks Sc 5<<�iwg fa, ��GEORGIP‘ 412'4it 4 d®.sweep V