HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND SOUTHEAST SITE SERVICES, LLC FOR AIRPORT ELECTRICAL VAULTI
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CONTRACT
FOR NEW ELECTRICAL BUILDING
AlP NO. 3-13-0011-041-2017
AUGUSTA AVIATION COMMISSION
AUGUSTA REGIONAL AIRPORT
AUGUSTA, GA
i s
THIS CONTRACT made and entered into to be effective
2018 by and
between,AUGUSTA GEORGIA, (the City)a political subdivision of the State of Georgia, acting through the
AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at
Bush Field, Augusta, Georgia 30906-9600, hereinafter called"Airport", and Southeast Site Services, LLC,
hereinafter called"Contractor", a Georgia limited trabrNty company, whose address is 117 Industrial Blvd.,
Suite G, Gray, GA 31032.
WITNESSETH:
WHEREAS, the City is the owner and operator of a-full-service commercial airport known as the
Augusta Regional Airport;
WHEREAS, the City has solicited a bid to construct a New Electrical Building for the Airport;
WHEREAS, the Contractor submitted a bid for said services; and
WHEREAS, the City, on behalf of the Airport, accepted the Contractor's Bid for said services;
NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein
contained, the City and the Contractor hereby agree as follows:
The Contractor's Services shall be in accordance with the scope of services and all provisions
provided herein.
ARTICLE I
SCOPE OF THE WORK
1.1 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 and described in the specifications
for the Project entitled:
NEW ELECTRICAL BUILDING AIR No. 343-Oetf-041-20t7
and in accordance with the requirements and provisions of the Contract Documents as defined in
the Provisions hereto attached which are hereby incorporated arid made a part of this Contract.
1.2 Definitions
The following terms have the following meanings whenever used in the Contract Documents
(defined below), or in related documents, the terms or pronouns used in place of them shall be
defined as follows:
1.2.1 Airport Executive Director.The person tasked with the day-to-day operations of the Airport.
1.2.2 Augusta Aviation Commission.The Augusta Regional Airport Aviation Commission tasked
with the overall administration of the Airport.
1.2.3 Augusta,Georgia or City. Augusta, Georgia's Commission.
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1.2.4 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 acoordance with the Contract Documents,
1.2.5 Project. New Electrical Building: Including but not limited to: Construction of a new 800 SF
Airfield Electrical Building on 500 CY building pad embankment; Installation of new Airport
Electrical Building Equipment; install 9 new Constant Current Regulators, ALCMS &
Standby Engine Generator; install new Duct Bank, Airfield Electrical Cable, Airfield Fiber
Optic Communications cable, and 20 new Electrical Manholes; Construct new Recycled
Asphalt Millings access road.
1.2.6 Airport's Administrator.Airport's Representative shall be the Airport's Executive Director or
his designee.
1.2.7 Contractor's Representative(s). The Contractor's representative ("Contractor's
Representative") for all dealings with Airport shall be Matt Bragg, Operations Manager.
Contractor's Representative may be changed upon prior written notice delivered to Owner.
1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on
this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any
respect.
1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises,
including but not limited to Augusta, Georgia,County, and Transportation Security Authority(TSA)
and Federal Aviation Administration (FAA) regulations governing access to buildings, personal
conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the
right to require the removal of Contractor employees from the Project.
1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship
must conform to the highest standards of construction practices andior services.
ARTICLE 2
TERM
2.1 The Contractor must begin work within ten(10)days of receiving the Notice to Proceed(NTP)from
the Owner. The Contractor will mobilize with sufficient forces such that all work is completed within
two-hundred (200) calendar days after the issuance of the NTP. Contract time charges will begin
as set forth in Section 80 of the General Provisions
2.2 Contractor working times shall be as designated on the Construction Safety&Phasing Plan sheets
in the Construction Drawings. At the Owner's discretion,work times may be further restricted.
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2.3 For additional details please review Section 80 of the attached Specifications.
2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner,that
the date of beginning,rate of progress andthe 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, arid 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 averageclimatic
range and construction conditions prevailing in this locality,
2.5 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 whatsoever; and where under the Contract an additional time is allowed for the completion
of any work,the new timelimit fixed by extension shall be the essence of the Contract.
ARTICLE 3
LOUfbATEb DAMAGES
3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the
Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial
Completion of any portion of the Work within the Contract Time as may extended in accordance
with the terms of this Contract,the mer will sustain substantial losses as a result of such failure.
The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not
impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set
forth in Section 80, Execution and Progress, subsection 80-08.
ARTICLE 4
PAYMENT
4.1 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 with a Contract price of One Million
Six Hundred'Forty Thousand Eight Hundred twenty five dollars and zero cents($1,640,825.00).
4.2 Progress Payments
4.2A 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.
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4.2.2 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:
4.2.3 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.
4.3 Invoices.
Contractor shall submit invoices to:
Mead& Hunt, Inc.
Attn: Chris Birkmeyer
333 Wellness Drive
Myrtle Beach, SC 29579
4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved
payment request shall be submitted to the Owner's Finance Department for processing on or before
the fifth day of the following month, and payment (less retainage)shall be made to the Contractor
thirty (30) days after the date the approved payment request is received by the Owner's finance
depa,lhrnent. If a payment request is not approved by the Owner, then no payment shall be made
to the Contractor until such time as the Owner approves the payment request The amount of
retainage shall be as follows:
4.4.1 Ten percent(10%)of each partial payment shall be withheld as retainage until the value of
fifty percent (50%) of the Contract Price,. including Change Orders and other authorized
additions provided in the Contract, is due;
4.4.2 When fifty percent(60%)of the Contract Price, as described above, becomes due and the
manner of completion of the Work and its progress, quality, schedule are reasonably
satisfactory to the Owner, and there are no outstanding claims by the Contractor,
Subcontractors or material shiers,the withholding of retainage shoal be discontinued.
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4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or
has fallen behind schedule, withholding of ten percent (10%) of each request for payment
may be resumed. When the Work has reached Substantial Completion and the Owner
determines the.Work to be reasonably acceptable,the Contractor shalt submit an invoice
or other documents as may be required and receive payment thereof within thirty(30)days.
if there are any remaining incomplete minor items,an amount equal to two hundred percent
(200%)of the value of each item, as determined by the Owner, shall be withheld until such
items are completed;
4,4.4 The Contractor shall within ten(10)days from its receipt of retainage from the Owner pass
through payments to Subcontractors and shall reduce each Subcontractor's retainage in
the same manner as the Contractor's retainage is reduced by the Owner. The
Subcontractor shall within ten (10)days from the Subcontractor's receipt of retainage pass
through payments to lower tier Subcontractor's and shall reduce each lower tier
Subcontractor's retainage in the same manner as the Subcontractor's retainage is reduced.
4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia state law
concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this
Contract concerning retainage conflict with state law, state law shall govern.
ARTICLE 5
FINAL INSPECTION
Upon notice from the Contractor that the Work is completed,the Owner shall make a Contractor during the
course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails
to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost
to the Owner, the Contractor shall immediately make such alterations as are necessary to bring.the Work
into compliance with the Contract,the Drawings, and Specifications_
ARTICLE 6
ACCEPTANCE AND FINAL PAYMENT
6.1 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.
6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that
ail payrolls, material bilis, and other indebtedness connected with the work have been paid, except
that in case of disputed indebtedness or liens the Contractor may submit inlieu of evidenceof
payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed
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amounts when adjudicated in cases where such payment has not already been guaranteed by
surety bond.
6.3 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.
6.4 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.
ARTICLE 7
CHANGES
7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may
result in changes to the general scope of the Contract and its provisions.
7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon
the Owner unless approved and signed by the in advance of performing work.
7.3 Contractor acknowledges that this Contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Aviation Commission or Board of Commissioners and approval of the Mayor.
Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's
ability to assume Contractual obligations and the consequences of Contractor's provision of goods
or services to Augusta, Georgia under an unauthorized Contract, amendment, modification,
change order or other similar document, including the possibility that the Contractor may be
precluded from recovering payment for such unauthorized goods or services. Accordingly,
Contractor agrees that if it provides goods or services to Augusta, Georgia under a Contract that
has not received proper legislative authorization or if the Contractor provides goods or services to
Augusta, Georgia in excess of the any Contractually authorized goods or services, as required by
Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any
unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-
payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it
waives all claims to payment or to other remedies for the provision of any unauthorized goods or
services to Augusta, Georgia, however characterized, including,without limitation, all remedies at
law or equity.
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ARTICLE 8
INSURANCE
8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies
reasonably satisfactory to the Owner the types of insurance as set forth in the City Code, and
Georgia law as the same may be amended from time to time, and as described herein. All
insurance shall be issued by insurance companies eligible to do business in the State of Georgia
and Best Rated A-or equivalent. In the event of a conflict between the provisions of the City Code
and this Contract, the more stringent requirement shall govern. In no event shall Contractor
maintain any insurance less than the requirements set forth in the City Code, as amended.
8.2 All liability policies of Contractor and its Subcontractors shall provide coverage that includes, or
has the same substantive effect as the following:
8.2.1 The City, the Aviation Commission, and each.of-its Commissioners, officers, agents,
elected representatives, volunteers, and employees, in their respective capacities as
such, shall be additional insured hereunder with respect to the products,premises, and
operations of the named insured.
8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance
as may be maintained by the City, the Aviation Commission, or its Commissioners,
officers, agents, elected representatives, volunteers, and employees shall apply in
excess of, and shall not contribute with insurance provided by this policy."
8.2.3 This insurance shall not be materially changed,altered, canceled,or non-renewed until
after thirty-(30) days advanced written notice has been given to Augusta, Georgia
except that only ten-(10) days notice shall be required in the event of cancellation due
to non-payment of premium."
8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the
City and its Risk Manager,accompanied by a certified true copy of an endorsement to each policy
containing the above language. Properly executed certificates of insurance shall evidence the
insurance coverage and limits required. The authorized representative of the insurance company
shown on the certificate shall sign these certificates. The required policies of insurance shall
comply with the laws of the State of Georgia.
8.4 If at any time the Executive Director requests a written statement from the insurance company as
to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered
such statement to the Aviation Commission. Contractor authorizes the Aviation Commission
and/or the City's Risk Manager to confirm with Contractor's insurance agents, brokers, and
insurance companies all information furnished.
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8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance
coverage and limits required under this Contract does not constitute approval or acceptance by
the Owner that the insurance requirements in this Contract have been met. No operations shall
commence at the Airport unless,and until the required certificates of insurance are in effect end
approved by the City's Risk Manager.
8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance
herein required may, from time to time, become inadequate, and Contractor agrees that it will
increase such minimum limits upon receipt of written notice defining the basis of the increase.The
Contractor shall furnish the Owner,within sixty-(60)days of the effective date.,thereof,a certificate
of insurance evidencing that such insurance is in force.
8.7 Contractor's insurance companies or its authorized representative shall give the Owner thirty(30)
days prior written notice of any cancellation, intent not to renew, or material reduction in any
policy's coverage, except in the application of the Aggregate Limit Provisions. in the event of a
reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior
Aggregate Limit reinstated.
8.8 If at any time, the Airport Executive Director requests a written statement from the insurance
companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of
all requested information will be given to the Aviation Commission. Renewal`. Certificates of
Insurance must be provided:to the Owner as soon as practicalbut in every instance prior to
expiration of current coverage.
8.9 The amounts and types of insurance shall conform to the following minimum requirements with
the use of Insurance Service Office policies, forms, and endorsements or broader, where
applicable. Notwithstanding the foregoing, The wording of all policies, forms, and endorsements
must he reasonably acceptable to the Owner.
8.10 Workers' Compensation and Employer's Liability Insurance shall be maintained in force by
Contractor during the term of this Contract for all employees engaged in the operations under this
Contract. The limits of coverage shall not be less than:
Workers' Compensation Georgia Statutory
Employer's Liability $1,000,000 Limit Each Accident
$1,000,000,Limit Disease Aggregate
$1,000,000, Limit Disease Each Employee
8.11 Commercial General Liability — Occurrence Form. Policy shall include bodily injury, property
damage,personal injury and broad form Contractual liability coverage with limits no less than five
million dollars($5,000,000)in Broad Form Comprehensive General Liability insurance.
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8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to
operate on the Aircraft Operating Area(AOA)of the Airport,Automobile Insurance in the minimum
amount of Five Million Dollars($5,000,000.00)combined single limit coverage. If the Contractor's
Comprehensive General Liability coverage includes vehicular operations on the Airport,separate
automobile insurance shall not be required, The foregoing insurance shall be endorsed to state
that it will be primary to the Augusta GA and the Aviation Commission's insurance and that the
carrier waives its right of subrogation against Augusta, GA, the Aviation Commission, and their
officers, agents, elected and appointed officials, representatives, volunteers, and employees.
Augusta, GA, the Aviation Commission, and their officers, agents, employees, elected and
appointed officials shall be added as additional insureds on said policies. Said policy shall contain
Severability of Interest Clause and shall include Contractual liability coverage at least as broad as
that given in the most current CA 00 01 ISO form.
8.13 Excess Liability:$2,000,000
Policy must follow form of General Liability Policy and all;insurance together for genera/ liability
must total at least a minimum of two million dollars ($2,000,000). Any form of underlying and
excess policies may satisfy such requirement.
8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall
include those classifications,as listed in Standard Liability Insurance Manuals,which are applicable
to the operations of the Contractor in the performance of this Contract.
8.15 Within sixty(60)days of the effective date thereof or any subsequent term,Contractor shall provide
Owner with certificate(s)of insurance evidencing that such insurance as described herein be in
force. Insurance binder letter(s)or a Certificate(s)of Insurance as described above must be sent
to the address below with a copy to the Owner:
Augusta,Georgia.
Risk Management
530 Greene Street
Room 217
Augusta, GA 30901
(706)821-2502 (Fax)
8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all
Subcontractors working under it have separately procured any and all types and limits of
insurance that are required under any and all pertinent local, state, or federal ordinances or
resolutions that are suitable for the particular trade that the Subcontractor is performing. It
is also the sole responsibility of the general and/or prime Contractor to ensure that any and all
Subcontractors or vendors carry types and limits of insurance not less than those listed herein
and that the Subcontractors and/or vendors carry and/or procure endorsements to waive all
subrogation rights against and name "Augusta GA, its appointed and elected Officials,
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departments, agencies, boards, commissions, its officers, agents, employees and volunteers"as
additional insureds.
ARTICLE 9
AIRPORT SECURITY REQUIREMENTS
9.1 Contractor's employees shall be required to operate in Airport's secure areas. Contractor shall be
required to obtain the Airport's Security Identification Display Area(SIDA)badges for any employee
working in the secured area. Contractor shalt comply, at its own expense,with the Transportation
Security Administration (TSA)and the Owner's security requirements for the Airport including, but
not limited to employee training and badges. Contractor shall cooperate with the TSA and the
Owner on all security matters and shall promptly comply with any project security arrangements
established by the Owner. Compliance with such security requirements shall not relieve Contractor
of its responsibility for maintaining proper security for the above-noted items, nor shall it be
construed as limiting in any manner Contractor's obligation with respect to all applicable federal,
state and local laws and regulations and its duty to undertake reasonable action to establish and
maintain secure conditions at and around the Project and throughout the Airport. All employees
shall be properly badged and comply with all Owner's safety and security rules.
9.2 Any Contractor employees assigned to work in a secured area are required to be "badged" or a
"badged"Contractor employee must escort them the entire time:they are in these secured areas_
9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation
completed. In addition, the Owner will conduct a background inquiry and require finger printing of
all individuals who will be working on the secured side of the Airport screening point. This may
also include collection of appropriate criminal history information, Contractual and business
associations and practices,employment histories,reputation in the business community and credit
reports for the Contractor,as well as,its employees.
9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books
and records the Owner deems necessary to conduct the review.
9.5 Contractor shall pay all costs associated with providing SIDA badges.
9.6 Contractor shall be responsible for any fines assessed by the Federal Aviation Administration
(FAA)or TSA as a result of the actions of its employees or Subcontractors.
ARTICLE 10
REPRESENTATIONS AND WARRANTIES
In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that
as of the date above written that:
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10.1 Contractor is duly organized and validly existing in good standing under the laws of the state of
Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is
operating, and has the power and authority to execute and deriver and to perform its obligations
under this Contract and the documents to which it is signatory;and
10.2 The execution, delivery and performance by Contractor and its undersigned representative(s)of
this Contract and other documents to which Contractor is a signatory do not require the approval
or consent of any other person, entity or government agency and do not result in any breach of
any agreement to which Contractor is a party or by which it is bound; and
10.3 The execution, delivery and performance by Contractor of this Contract and other documents to
which it is a signatory have been duly authorized by all necessary action, and constitute legal,
valid and binding obligations of Contractor, enforceable against Contractor in accordance with its
terms; and
10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may
restrain or question this Contract,or any other document to which it is a signatory,or the enjoyment
of rights or benefits contemplated herein; and
10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work
and shall only use properly licensed and trained persons to perform such services.
ARTICLE
NOTICES
11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and
delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii)facsimile; or(iv)
hand-delivery,to the parties at the addresses and facsimile numbers set forth in the Clause titled
"Addresses".
11.2 Receipt: Notices sent by mail will be deemed to be received upon deposit in the rrrail, property
addressed. Notices sent by certified or registered mail will be deemed to be received upon the
date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon
successful transmission to the proper facsimile number. Notices delivered by hand- delivery will
be deemed to be received upon acceptance by the respective party or its agent.
11.3 Change of Address or-Facsimile.Number. Either party naay,at any time, change its respective
address or facsimile number by sending written notice to the other party of the change.
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11.4 Addresses:
To OWNER: To CONTRACTOR:
Augusta Regional Airport Southeast Site Services, LLC
Attn: Executive Director Attn: Matt Bragg
1501 Aviation Way 117 industrial Blvd.,, Ste. G
Augusta, Georgia 30906 Gray, GA 31032
Telephone: (706) 7898-3236 Telephone: (478)986-9989
Fax: (706)798-1551
With a copy to:
Augusta General Counsel
Augusta Richmond County Department of Law
535 Telfair St.
Building 3000
Augusta, GA 30901
Fax: (706)842-5556
ARTICLE 12
INDEMNIFICATION AND HOLD HARMLESS
Except where, and to the extent caused by the gross negligence of the City, the Aviation Commission,
their agents, employees, Contractors, officers or, Contractor shall protect, defend, reimburse, indemnify,
and hold Augusta, Georgia; the Aviation Commission, its members, agents, employees, and elected
officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and
particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may
be amended from time to time, and described herein. In the event of a conflict between the provisions of
Augusta- Richmond County Code and this Contract, the broader requirement shall govern.
ARTICLE 13
PERMITS
Contractor shat( obtain and maintain at all times all necessary licenses, permits and certifications to
perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and
certifications to the Administrator.
ARTICLE 14
WORK PERMITS REQUIRED
Contractor agrees and acknowledges that its employees and agent's employees, as well as any
Subcontractors or Subcontractors' personnel, working on the Contract must be United States citizens, or
must be lawfully admitted for residence and be permitted to work in the United States under the
Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq.
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ARTICLE 15
FEDERAL WORK AUTHORIZATION
15.1 Pursuant to O.C.G.A.§13-10-91 and Georgia Department of Labor Rule.300-10-1-.02, the Owner
cannot enter a Contract for the physical performance of services unless the Contractor and its
Subcontractors register and participate in the Federal Work Authorization Program to verify specific
information on all new employees.
15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91
and Georgia Department of Labor Rule 300-10-1-.02:.
15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and
Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract
as an exhibit
15.4 The Contractor agrees that in the event that it employs or Contracts with any Subcontractor(s) in
connection with this Contract,the Contractor will secure from each Subcontractor an affidavit that
indicates the employee-number category applicable to that Subcontractor and certifies the
Subcontractor's current and continuing compliance with O.C.G.A. §13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in
connection with this Contract shall be attached hereto as an exhibit.
ARTICLE 16
MISCELLANEOUS CONTRACT PROVISIONS
16.1 Independent Contractor/Subcontractor
Contractor is acting, in performance of this Contract, as an independent Contractor. Personnel
supplied by the Contractor or its agents or Subcontractors hereunder are not the Owner's
employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be
solely responsible for the payment of compensation to Contractor's employees. The Owner shall
not be responsible for payment of Worker's Compensation, disability benefits, and unemployment
insurance or for withholding and paying employment taxes for any Contractor employee, or
Contractor's Subcontractors or its agent's employees, but such responsibility shall be solely that
of Contractor. This clause of the Contract does not prevent the Airport from requiring Contractor
to have its employees follow normal rules and guidelines for work performance, redirecting the
efforts of theemployees to meet the needs of the facilities, performing safety or frorrr requiring
Contractor to perform the requirements of this Contract satisfactorily, according to the General
Conditions, Scope of Services, Performance Work Statement, Service Performance Standards
and Methods described herein.
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16.2 Force Majeure
16.2.1 Neither party hereto shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of any such obligation, except the
payment of money, is prevented or delayed by any cause,existing or future, which is
beyond the reasonable control of the affected party, or by a strike, lockout or other
labor difficulty, the settlement of which shall be within the sole discretion of the party
involved.
16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of
any Force Majeure claimed to delay, hinder or prevent performance of the services
under this Contract. In the event either party is prevented or delayed in the
performance of this obligation because of such Force Majeure, there shall be an
equitable adjustment of the schedule.
16.2.3 Contractor will not be liable for failure to perform or for delay in performance because
of Force Majeure, including the following:
16.2.3.1 any cause beyond its reasonable control;
16.2.3.2 any act of God;
16.2.3.3 inclement weather;
16.23A earthquake;
16.2.3.5 fire;
16.2.3.6 explosion;
16.2.3.7 flood;
16.2.3.8 strike or other labor dispute;
16.2.3.9 any shortage or disruption of or inability to obtain labor, material,
manufacturing facilities, power, fuel or transportation from unusual
sources, or any other;
16.2.310 delay or failure to act of any governmental or military authority;
16.2.3.11 any war, hostility or invasion;
16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection;
16.2.3.13 any legal proceedings; or
16.2.3.14 failure to act by Contractor's suppliers due to any cause which Contractor
is not responsible, in whole or in part.
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16.3 Commercial Activities
Neither Contractor nor its employees may establish any commercial activity or issue concessions
or permits of any kind to third parties for establishing activities at the Airport.
16.4 Records and Audit
Contractor and its Subcontractors shall maintain records and accounts in connection with all
aspects in the performance of this Contract, including those, which will accurately document
incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3)
years from the expiration or other termination of this Contract, unless otherwise specified by
applicable law. The Owner may examine and copy, at all reasonable times, with advance
notification, those records and accounts. Contractor shall maintain all records in a central location
in Augusta, Georgia.
16.5 Contingent Fees
Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor
has not paid or agreed to pay any company, association, corporation, firm or person, other than a
bona fide employee working for Contractor, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this Contract. For the
breach or violation of this warranty and upon a finding after notice and hearing, the Owner may
terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise
recover the full amount of any such fee, commission, percentage, gift or consideration.
16.6 Rights and Remedies
The rights and remedies of the Owner provided in this paragraph are not exclusive and are in
addition to any other rights and remedies provided by taw or under this Contract.
16.7 Non-Appropriations
Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated
to support continuation of this Contract for an additional calendar year or an additional term of the
Contract, this Contract shall terminate absolutely and without further obligation on the part of the
Owner at the close of the calendar year of its execution or if the Owner suspends performance
pending the appropriation of funds.
16.8 Assignment
Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any
of its interests under this Contract, nor delegate any of its obligations or duties under this Contract
except as provided'herein.
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16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under
this Contract, in whole or part, without the prior written consent of the Owner will be
void, except that, upon ten-(10) calendar days prior written notice to the Owner,
Contractor may assign monies due or to become due under this Contract. Any
assignment of monies wilt be subfeot to proper setoffs in favor of the Owner and to
any deductions provided for in this Contract.
16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve
Contractor of its responsibilities under this Contract.
16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner
and Contractor and their respective successors and assigns.
16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a
partnership or joint venture between the Owner and Contractor or cause the Owner to be
responsible for the debts or obligations of Contractor or any other party. Contractor must not
represent to anyone that its relationship to the Owner is other than as the Owner's Contractor.
Contractor must act as air independent agent and not as the agent of the Owner in performing this
Contract and shall maintain complete control over its employees and all of its lower-tier suppliers
and Subcontractors. Nothing contained in this Contract or any lower tier purchase order or
subcontract awarded by Contractor will create any Contractual relationship between any lower-
tier supplier or Subcontractor and the Owner.No act or direction of the Owner shall be deemed to
be the exercise of supervision or control of the Contractor's performance hereunder.
16.11 Waiver
The failure of the Owner to seek redress for any violation of or to insist upon the strict performance
of, any term of this Contract will not prevent a subsequent violation of this Contract from being
actionable by the Owner. The provision in this Contract of any particular remedy will not preclude
the Owner from any other remedy.
16.12 Compliance with Applicable Laws and Regulations
Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia,
county, state, and federal laws, Airport Rules and Regulations, and City ordinances applicable to
the work to be performed under this Contract, and that it shall obtain all necessary permits,pay all
license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and
employ c3 will abide by ell males, regulations, and policies of Airport during the term of this
Contract, including any renewal periods.
16.13 Patent Indemnity
Except as otherwise provided, the Contractor shall indemnify the City and its Board of
Commissioners,officers, agents and employees against liability, including costs and expenses for
New Electrical Building Page 17 of 497
•
infringement upon any letters or patent of the United States arising out of the performance of this
Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or
construction work.performed hereunder.
16.14 Use of Augusta, Georgia Landfill
Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed
of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations.The
Contractor shall provide evidence of proper disposal through manifests, which shall include the
types of material disposed of, the name and location of the disposal facility, date of disposal and
all related fees.
16.15 Inspection
The Owner may, at reasonable times, inspect the part of the plant, place of business, or work
site of a Contractor or Subcontractor or subunit thereof which is pertinent to the performance of
the Contract.
16.16 Temporary Suspension or Delay of Performance of Contract
To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a
temporary stopping of the work, or delaying of the work to be performed by the Contractor under
this Contact.
16.17 Entire Agreement
This Contract, together with all of the attachments shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding the date of this
Contract shall not be binding upon either party except to the extent incorporated in this Contract.
16.18 Governing Law
This Contract will be construed under Georgia law, including the Georgia Uniform Commercial
Code; all remedies available under that code are applicable to this Contract. Contractor and the
Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta,
Georgia.
16.19 Legal Construction
If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that
invalidity, illegality or unenforceability will not affect any other provision of this Contract and this
Contract will be construed as if the invalid, illegal or unenforceable provision had never been
contained in this Contract.
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16.20 Prior Contracts Superseded
This Contract and the attachments constitute the sole and only agreement between Contractor
and the City with respect to the subject matter of this Contract and supersede any prior
understandings or written or oral Contracts respecting the subject matter of this Contract.
16.21 Counterparts
This Contract may be executed concurrently in one or more counterparts, each of which will be
deemed an original, but all of which will together constitute one Contract.
16.22 further Acts
Owner and Contractor each agrees to perform any additional acts and execute and deliver any
additional documents as may reasonably be necessary in order to carry out the provisions and
affect the intent of this Contract.
BALANCE OF PAGE LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed by their appropriate
officials, as of the date first written above.
AUGUSTA AVIATION COMMISSION AUGUSTA,GEORGIA
I die I lciik.....z.„ gc ,
George R. Sass:,, '• - ion Commission Chair 411ardie Davis, Jr., Mayor
1 �i
Attest- ' .1is
Attes
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f`a Bonner/C erk ofCommission ,
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Crystal Johnso;�, c.
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SOUTH//; T SITE SERVICES, LLC . .It4r,.«'°"'" .` �►p go '
4IF % '‘T :4 Z i ,e4::''''; '';'-'`, 'C'''.:) %IA 14
Swo to and subscribed before me ; �a "`4`' 9 ;
this 2.,5*day of 0 _ D i ,2131 ...,a 'I tic:".. � ,994
J i A iipl 1 '4.
Notary 'ublic 11.11"r
My commission expires: f �'� 1 k 26 2-o �i
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CONTRACT EXHIBITS
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Federal Contract Provisions
Certificate of Buy American Compliance for Manufactured Products FP-1 - FP-2
Access to Records and Report FP-3
Notice of Requirement for Affirmative Action FP-3
General Civil Rights Provisions FP-4
Title VI Solicitation Notice FP-4
Title V1 Compliance with Nondiscrimination Requirements _.... w.........FP-4-FP-6
DBE Statements FP-6- FP-7
Energy Conservation Requirements FP-7
Federal Fair Labor Standards Act (Federal Minimum Wage) FP-7
Lobbying and Influencing Federal Employees FP-7 -FP-8
Occupational Safety and Health Act of 1970 FP-8
Rights to Inventions FP-8
Trade Restriction Clause FP-8 - FP-9
Veteran's Preference FP-9
Copeland "Anti-Kickback Act........ FP-9
Davis Bacon Requirements FP-10- FP-15
Equal Employment Opportunity FP-15 -FP-16
Standard Federal Equal Employment Opportunity Construction Contract
Specifications FP-16-FP-20
Prohibition of Segregated Facilities FP-20
Termination for Convenience FP-20 - FP-21
Termination for Default (Construction) FP-21
Certificate Regarding Debarment and Suspension (Contractor) FP-21
Certificate Regarding Debarment and Suspension (Contractor Regarding
Lower Tier Participants) FP-21
Breach of Contract Terms FP-21
Clean Air and Water Pollution Control FP-22
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Contract Work Hours and Safety Standards Act Requirements FP-22 -FP-23
Texting When Driving FP-23
Procurement,of Recovered Materials. __ _.._._ FP-23
Wage Rate Determination FP-23 -FP-28
General Provisions
Section 10 - Definition of Terms GP-1 -GP-5
Section 20- Bid Requirements and Conditions GP-6-GP-1.0
Section 30-Awards and Execution.of Contract GP-11 -GP-13
Section 40 - Scope of Work GP-14 -GP-17
Section 50 - Control of Work GP-18-GP-25
Section 60 - Control of Materials..._.._.... __ -.- GP-26-GP-30
Section 70 - Legal Regulations and Responsibility to Public GP-31 -GP-38
Section 80 - Execution and Progress GP-39-GP-46
Section 90 - Measurement and Payment GP-47 -GP-56
Section 100 - Contractor Quality Control Program GP-57 -GP-58
Supplemental Provisions
SP-10 Airport Safety and Security Requirements SP-1 -SP-16
FAA Standard Technical Specifications
P-100 Mobilization P-100-1 - P-100-3
D-701 Pipe for Storm Drains and Culverts D-701-1 - D-701-6
X-101 Locate & Protect Existing Circuits X-101-1 -X-101-2
X-105 Site Demolition X-105-1 -X-105-3
X-110 Directional Boring X-110-1 -X-110-2
X-115 Polymer Concrete Handholes X-115-1 -X-115-2
X-150 Constant Current Regulators X-150-1 -X-150-4
X-152 Fiber Optic Cable X-152-1 -X-152-11
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X-220 Recycled Base Haul Road X-220-1 —X-220-2
P-152 Excavation and Embankment P-152-1 — P-152-6
P-156 Temp Air&Water Pollution,Soil Erosion &Siltation Controls P=156-1 — P-156-5
T-901 Seeding T-901-1 —T-901-5
T-905 Topsoiling T-905-1 —T-905-3
L-100 Airport Lighting General Provisions L-100-1 — L-100-30
L-108 Underground Power Cable for Airports L-108-1 —L-108-13
L-109 Airport Transformer Vault &Vault Equipment L-109-1 — L-109-9
L-110 Airport Underground Electrical Duct Banks and Conduits L-110-1 — L-110-8
L-115 Electrical Manholes and Junction Structures L-115-1 — L-115-8
L-890 New ALCMS System L-890-1 —L-890-19
ALA Standard Technical Specifications
033000 Cast-in-place Concrete 033000-1 — 033000-18
042000 Unit Masonry 042000-1 —042000-15
051200 Structural Steel Framing .051200-1 —051200-7
053100 Steel Decking 053100-1 —053100-4
054000 Cold-Formed Metal Framing 054000-1 —054000-8
054400 Cold-Formed Metal Trusses 054400-1 —054400-6
055000 Metal Fabrications 055000-1 —055000-8
061053 Miscellaneous Rough Carpentry._._ ..,. __ _ 061053-1 —061053-3
072100 Thermal Insulation 072100-1 —072100-4
074115 Standing Seam Metal Roof System 074115-1 — 074115-13
081113 Hollow Metal Doors and Frames 081113-1 —081113-5
085113 Aluminum Windows_.. 085113-1 —085113-7
088100 Glass and Glazing 088100-1 —088100-10
092216 Non-Structural Metal Framing 092216-1 —092216-2
092900 Gypsum Board 092900-1 —092900-4
099000 Painting........................._......------ 099000-1 —099000-9
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263213 Engine Generators 263213-1 —263213-18
263600 Transfer Switches 263600-1 —263600-10
Geotechnical Report GR-1 —GR-90
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FEDERAL CONTRACT PROVISIONS
BUY AMERICAN PREFERENCE
The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be
obligated unless all steel and manufactured goods used in ATP funded projects are produced in the United
States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article,
Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA
Nationwide Buy American Waivers Issued list.
Contractor must complete and submit the Buy America certification included herein with its bid or offer.
The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of
Buy American Compliance.
CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS
As a matter of bid responsiveness, the Contractor must complete,sign, date,and submit this certification
statement with their bid. The Contractor must indicate how it intends to comply with 49 USC § 50101
by selecting one on the following certification statements. These statements are mutually exclusive.
Contractor must select one or the other(not both)by inserting a checkmark(1) or the letter"X".
Contractor hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States,or;
b) Installing manufactured products for which the FAA has issued a waiver as indicated by
inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;
c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition
Regulation Subpart 25.108.
By selecting this certification statement,the Contractor agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
2. To faithfully comply with providing US domestic product.
3. To furnish US domestic product for any waiver request that the FAA rejects.
4, To refrain from seeking a waiver request after establishment of the Contract; unless
extenuating circumstances emerge that the FAA determines justified.
0 The Contractor hereby certifies it cannot comply with the 100% Buy American Preferences of
49 USC § 501010) but may qualify for either a Type 3 or Type 4 waiver under 49 USC §
50101(h). By selecting this certification statement, the Contractor with the apparent low bid
agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening,a formal waiver
request and required documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause
for a non-responsive determination may result in rejection of the bid.
3. To faithfully comply with providing US domestic products at or above the approved US
domestic content percentage as approved by the FAA.
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4. To refrain from seeking a waiver request after establishment of the Contract, unless
extenuating circumstances emerge that the FAA determines justified.
1. Required Documentation
Type 3 Waiver -The cost of the item.componentsand subcomponents produced,in the United
States is more that 60% of the cost of all components and subcomponents of the "item". The
required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100%US
domestic content (Excludes products listed on the FAA Nationwide Buy American
Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart
25.108;products of unknown origin must be considered as non-domestic products in their
entirety)
b) Cost of non-domestic components and subcomponents, excluding labor costs associated
with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total
"item" component and subcomponent costs, excluding labor costs associated with final
assembly at place of manufacture.
Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project
cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product.
b) Detailed cost information for total project using non-domestic product.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may
render the maker subject to prosecution under Title 18,United Srs Code.
/4111
Date: 1(/.2- Zo't g Signature
?Dan
&A\40,,24- 6; �ttJtt�S ORLC_ Cmn Iv C
Company Name Title @
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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's attention is called to the"Equal Opportunity Clause'and the"Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows:
Timetables
Goals for minority participation for each trade 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.
3. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of
award of any construction subcontract in excess of$10,000 at any tier for construction work under the
Contract resulting from this solicitation. The notification shall list the name,address,and telephone number
of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the
subcontract;estimated starting and completion dates of 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.
..... .... .... ....
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GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statues,Executive Orders and such rules as are promulgated
to ensure that no person shall, on the grounds od race, creed, color, national origin, sex, age, or disability
be excluded from participating in any activity conducted with or benefiting from Federal Assistance.
This provision binds the Contractor and Subcontractors from the bid solicitation period through the
completion of the Contract. This provision is in addition to that required by Title VI of the Civil Rights Act
of 1964.
TITLE VI SOLICIT ATION NOTICE
The Augusta Airport Commission, in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252,42 U.S.C. §§ 200t)d to 2000(1-4) and the Regulations, hereby notifies all Contractors
that it will affirmatively ensure that will not be discriminated against on the grounds of race, creed, color,
national origin, sex, age, or handicap.
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_
1. 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, 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.
2. 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.
3. 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.
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4. 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.
5. 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.
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 Depae tfnent 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.
§ 4604, (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 Vl 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 Contractor s,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;
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• e
• 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 TX 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).
REQUIRED STATEMENTS
Information Submitted as a Matter of Contractor Responsiveness;
The Owner's award of this Contract is conditioned upon Contractor satisfying the good faith effort
requirements of 49 CFR 26.53.
As a condition of bid responsiveness, the Contractor must submit the following information with its
proposal on the forms provided herein:
1) The names and address of Disadvantaged Business Enterprise(DBE)firms that will participate in
the Contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE Than listed under(1)
4) Written statement from Contractor that attests their commitment to use the DBE firm(s) listed
under(1)to meet the Owner's project goal; and
5) If Contractor cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Contractor as described in appendix A to 49 CPR part 26.
Information Submitted as a Matter of Contractor Responsibility
The Owner's award of this Contract is conditioned upon Contractor satisfying the good faith effort
requirements of 49 CFR 26.53.
The Contractor must provide written confirmation of participation from each of the DBE firms the
Contractor lists in its commitment within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate
in the Contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under(1)
4) Written statement from Contractor that attests their commitment to use the DBE firm(s) listed
under(1)to meet the Owner's project goal;and
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5) If Contractor cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Contractor as described in appendix A to 49 CFR part 26.
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(42 U.S.C. 620 let seq).
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
nsibill
Federal Fair Labor Standards Act(29 USC 201) U.S. Department of Labor—Wage and Hour
Division
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The Contractor certifies by signing and submitting this bid,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 Contractor ,
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 1.4 ant, 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 StandardForm-LLL,"Disclosure Form to Report Lobbying;" in accordance
with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and Contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
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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. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their Subcontractor 's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970(20 CFR
Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor—Occupational Safety and Health Administration.
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This Contract,
incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14.
Contractor must include this requirement in all sub-tier Contracts involving experimental, developmental
or research work.
TRADE RESTRICTION CLAUSE
By submission of an offer,the Contractor certifies that with respect to this Contract, 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 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 Contractor must 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 Contractor must require Subcontractor s 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 Contractor or Subcontractor:
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(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 Subcontractor s 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
The Contractor agrees that 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 Contractor 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.
VETERAN'S PREFERENCE
In the employment of labor(excluding executive,administrative,and supervisory positions),the Contractor
and all sub-tier Contractor s must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C.
632) owned and controlled by disabled veterans. This preference only applies when there are covered
veterans readily available and qualified to perform the work to which the employment relates.
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
Subcontractor s are,prohibited from inducing,'by any means, any person employed on the project to give
up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor
must submit to the Owner,a weekly statement on the wages paid to each employee performing on covered
work during the prior week. Owner must report any violations of the Act to the Federal Aviation
Administration.
DAVIS BACON REQUIREMENTS
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act.(29 CFR Part 3)),the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto
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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
Subcontractor s 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.
(ii)(B) If the Contractor and the laborers and mechanics to be employed inthe 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.
(ii)(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.
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(ii)(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 notmake 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 withheldfrom 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)(l)(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 l(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.
Contractor s employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification of trainee
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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.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 Subcontractor s.
Contractor s and Subcontractor s 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).
(ii)(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 theContract 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 fullweekly
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
(ii)(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.
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(ii)(D) The falsification of any of the above certifications may subj ect 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-(3Xi)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
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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 who is not registered and participating in a training plan approved by
the Employment and Training Administration shall he 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 predeteiniined 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 Subcontractor s to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with
all the Contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the Contract clauses in paragraph 1 through 10 of this section may be grounds for termination
of the Contract,and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3,and 5
are herein incorporated by reference in this Contract.
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9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general
dispute's 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 Subcontractor s) 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 wilt take affirmative action to ensure that
applicants are employed, andthat 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.
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.
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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 he imposed and remedies invokedas 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
(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. Contractor s shall
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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 eachgoal under
the Plan in each trade in which it has employees. The overall good faith performance by other Contractor
s or Subcontractor s 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 achieveineach construction trade in which it has
employees in the covered area. Covered construction Contractor s performing construction work in a
geographical area where they do not have a Federal or federally assisted construction Contract shall apply
the minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained
from any Office of Federal Contract Compliance Programs office or from Federal procurement Contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom
the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the
Contractor's obligations under these specifications,Executive Order 11246 or the regulations promulgated
pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting
the goals,such apprentices and trainees shall(be employed by the Contractor during the training period and
the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant
to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor 's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully and shall
implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor 's employees are assigned to work. The
Contractor , where possible,will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment,with specific attention to minority or female individuals working at such
sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,provide written
notification to minority and female recruitment sources and to community organizations when
the Contractor or its unions have employment opportunities available,and maintain a record of
the organizations'responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not employed by the Contractor, this shall
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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 EEG policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment,layoff,
termination,or other employment decisions including specific review of these items with onsite
supervisory personnel such 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.
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 Contractor s and
Subcontractor :s 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.
1. 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.
ii. 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.
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o. Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction Contractor s 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. Contractor s are encouraged to participate in voluntary associations,which assist in fulfilling one
or more of their affirmative action obligations (7a through 7p). The efforts of a Contractor association,
joint Contractor union, Contractor community, or other similar groups of which the Contractor is a
member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through
7p of these specifications provided that the Contractor actively participates,in the group,makes every effort
to assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor 's minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor . The obligation to comply, however, is the Contractor's and failure of such a group to fulfill
an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor ,however,is required to provide equal employment opportunity and to take affirmative action
for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, if the particular group is employed in a substantially disparate manner(for example, even
though the Contractor has achieved its goals for women generally,) the Contractor may be in violation of
the Executive Order if a specific minority group of women is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate.
against any person because of race,color,religion, sex,or national origin.
11. The Contractorr 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. AnyContractor 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
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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).
PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments,and that it does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained. The
Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this Contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms,restaurants and other eating areas,time clocks,locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the
basis of race,color,religion,sex,or national origin because of written or oral policies or employee custom.
The term does not include separate or single-user rest rooms or necessary dressing or sleepingareas
provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to
the Equal Opportunity clause of this Contract.
TERMINATION FOR CONVENIENCE
The Owner may terminate this Contract in whole or in part at any time by providing written notice to the
Contractor . Such action may he without cause and without prejudice to any other right or remedy of
Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the
Contractor shall immediately proceed with the following obligations regardless of any delay in determining
or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the owner all fabricated and partially fabricated parts,completed and partially completed
work, supplies, equipment and materials acquired prior to termination of the work and as directed
in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the owner to protect and preserve property and work related to this
Contract that Owner will take possession.
Owner agrees to pay Contractor for:
a) completed and acceptable work executed in accordance with the Contract documents prior to
the effective date of termination;
b) documented expenses sustained prior to the effective date of termination in performing work
and furnishing labor, materials, or equipment as required by the Contract documents in
connection with uncompleted work;
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c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated
Contracts with Subcontractor s and Suppliers;
d) and reasonable and substantiated expenses to the Contractor directly attributable to Owner's
termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out
of or resulting from the Owner's termination action. The rights and remedies this clause provide are in
addition to any other rights and remedies provided by law or under this Contract.
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies
associated with Owner termination of this Contract due default of the Contractor.
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION(CONTRACTOR)
Contractor certifies that at the time it submitted its bid that neither it nor its principals are presently debarred
or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(CONTRACTOR REGARDING LOWER TIER PARTICIPANTS)
The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
Contractor will accomplish this by:
l. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Contractor), above.
3. Inserting a clause or condition in the covered transaction with the lower tier Contract
If thet
to tell a higher
was excluded or
disqualified AA l atr the time rit entees red the coverea lower tier d transaction,l the FAA may pursue that available remedy,
including;suspension;and debarment of the non-compliant participant.
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.
Owner will provide Contractor written notice that describes the nature of the breach and corrective actions
the Contractor must undertake in order to avoid termination of the Contract. Owner reserves the right to
withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to
terminate the Contract. The Owner's notice will identify a specific date by which the Contractor must
correct the breach. Owner may proceed with termination of the Contract if the Contractor fails to correct
the breach by deadline indicated in the Owner's notice.
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The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of,any duties,obligations,rights and remedies otherwise
imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon
discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency(EPA)
and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
CONTRACT 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(.I) of this clause,the Contractor and any
Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
Subcontractor shall be liable to the United States(in the case of work done under Contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph(1) of this clause, in the sum of$10 for
each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph(1)of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration(FAA)or the Owner shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the Contractor or Subcontractor under any such
Contract or any other Federal Contract with the same prime Contractor , or any other Federally-assisted
Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
Contractor , such sums as may be determined to be necessary to satisfy any liabilities of such Contractor
or Subcontractor for unpaid wages and liquidated damages as provided in the-clause set forth in paragraph
2 of this clause.
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4. Subcontractors.
The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (I)
through (4) and also a clause requiring the Subcontractor to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower
tier Subcontractor with the clauses set forth in paragraphs (1)through(4) of this clause.
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving" (10/1/2009) and DOT Order 390+2.10 "Text Messaging While Driving" (12/30/2009), FAA
encourages recipients of Federal gait 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.
In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers,including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project.
The Contractor must include the substance of this clause in all sub tier Contracts exceeding $3,500 and
involve driving a motor vehicle in performance of work activitiesassociated with the project.
PROCUREMENT OF RECOVERED MATERIALS
Contractor and Subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this Contract and to the extent practicable, the Contractor and Subcontractors
are to use of products containing the highest percentage of recovered materials for items designated by the
Environmental Protection Agency(EPA)under 40 CFR Part 247 whenever:
a) The Contract requires procurement of$10,000 or more of a designated,item during the fiscal
year;
or,
b) The Contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the
Contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the Contract
performance schedule;
b) Fails to meet reasonable Contract performance requirements;or
c) Is only available at an unreasonable price.
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DAVIS BACON WAGES
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t +
WAGE RATE DETERMINATION
General Decision Number: GA180165 01/12/2018 GA165
Superseded General Decision Number: GA20170165
State : Georgia
Construction Type: Building
County: Richmond County in Georgia .
Note : Under Executive Order {EO`) 13658, an hourly minimum wage of
$10 . 35 for calendar year 2018 applies to all Contracts subject to
the Davis-Bacon Act for which the Contract is awarded (and any
solicitation was issued) on or 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 . 35 per hour (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing on
the Contract in calendar year 2018 . The E0 minimum wage rate will
be adjusted annually. Please note that this EO applies to the
above-mentioned types of Contracts entered into by the federal
government, that are subject to the Davis-Bacon Act itself, but it
does not apply to Contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5. 1 (a) (2) - (60) .
Additional information on Contractor requirements and worker
protections under the EO is available at
www.dol .gov/whd/govContracts .
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
BOIL0026-001 01/01/2013
Rates Fringes
BOILERMAKER $ 24 . 91 19 . 69
* ELEV0032-001 01/01/2018
Rates Fringes
ELEVATOR MECHANJC . . . . ._. $ 40 . 08 32 . 645
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PAID HOLIDAYS :
a. New Year' s Day, Memorial Day, Independence Day, Labor Day,
Veteran' s Day, 'Thanksgiving Day, the Friday after Thanksgiving,
and Christmas Day.
b . Employer contributes 8% of regular hourly rate to vacation
pay credit for employee who has worked in business more than 5
years; 6% for less than 5 years ' service.
ENG10474-003 07/01/2017
Rates Fringes
POWER EQUIPMENT OPERATOR:
Backhoe/Excavator,
Bobcat/Skid Steer/Skid
Loader, Bulldozer,
Forklift (under 15 tons) ,
and Loader $ 25 . 02 13 . 83
Crane (over 10 tons) and
Forklift (15 tons and over) . $ 26 . 85 13 . 83
Crane (over 120 tons) $ 27 . 85 13 . 83
Crane (over 250 tons) $ 28. 85 13. 83
Oiler. . . . . . . . . . . . . . . . . $ 22 . 68 13 . 83
PLUM0150-006 10/01/2017
Rates Fringes
PLUMBER/PIPEFITTER $ 24 . 88 14 . 36
SHEE0085-013 07/01/2017
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) $ 29 . 78 12 . 31
SUGA2012-072 08/11/2012
Rates Fringes
BRICKLAYER $ 16 . 00 0 . 00
CARPENTER, Includes Drywall
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Hanging and Metal Stud
Installation $ 15 . 29 0 . 00
CEMENT MASON/CONCRETE FINISHER. . . $ 16. 58 0 . 00
DRYWALL FINISHER/TAPER $ 17 . 00 0. 00
ELECTRICIAN $ 19 . 72 3 . 79
HVAC MECHANIC (Installation
of HVAC Unit Only, Excludes
Installation of HVAC Pipe and
Duct) $ 18 .00 3 .89
IRONWORKER, REINFORCING $ 17 . 94 0 . 00
IRONWORKER, STRUCTURAL $ 20 . 00 0 . 35
LABORER: Common or General $ 10 . 18 0 . 32
LABORER: Mason Tender - Brick $ 9 . 00 0. 00
LABORER: Pipelayer $ 12 . 00 0 . 23
OPERATOR: Grader/Blade $ 17 . 52 0 . 00
PAINTER: Brush, Roller and
Spray $ 16.00 1 . 62
ROOFER, Excludes Installation
of Metal Roofs $ 10 . 27 0 . 00
SHEET METAL WORKER (Metal
Roofs Installation) $ 22 . 40 0. 00
SHEET METAL WORKER, Excludes
HVAC Duct and Metal Roof
Installation $ 22 . 40 0 . 00
TILE FINISHER $ 10 . 31 0 .00
TILE SETTER $ 19 . 50 0 . 00
TRUCK DRIVER: Dump Truck $ 12 . 70 0 . 00
TRUCK DRIVER: Lowboy Truck $ 17 . 41 0. 00
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•r
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental .
Note: Executive Order .(EO) 13706,, Establishing Paid Sick Leave for
Federal Contractor s applies to all Contracts subject to the Davis-
Bacon Act for which the Contract is awarded (and any solicitation
was issued) on or after January 1, 2017 . If this Contract is
covered by the EO, the Contractor must provide employees with 1
hour of paid sick leave for every 30 ho=urs they work, up to 56
hours of paid sick leave each year. Employees must be permitted to
use paid sick leave for their own illness, injury or other health-
related needs, including preventive care; to assist a family member
(or person who is like family to the employee) who is ill, injured,
or has other health-related needs, including preventive care; or
for reasons resulting from, or to assist a family member (or person
who is like family to _the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information on
Contractor requirements and worker protections under the EO is
available at www.dol . gov/whd/govContracts .
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
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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. 07/0,1/20,14 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 (CEA) 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.
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
New Electrical Building Page 54 of 49'7
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 2 . )\
and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal process
described here, initial contact should be with the Branch of
Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue., N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an interested
party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See 29 CFR
Part 1 . 8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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11.
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 decisionof the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to :
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final .
END OF GENERAL DECISION
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