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HomeMy WebLinkAboutFAA GRANT AGREEMENT FOR RUNWAY REHABILITATION AND APRON DESIGN WORK AT DANIEL FIELD AIRPORT DoquSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 Revised July 17,2017 AGREEMENT FOR AIRPORT ENGINEERING DESIGN and/or PLANNING ASSISTANCE BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA One Georgia Center 600 W.Peachtree St.,NW Atlanta,Georgia And Unified Government of Augusta-Richmond County Project Number:AP019-9029-56(245)Richmond County PID—T006808 This Agreement, entered into by and between the DEPARTMENT OF TRANSPORTATION,an agency of the State of Georgia,hereinafter called the"DEPARTMENT" and the Unified Government of Augusta-Richmond County,hereinafter called the"SPONSOR". WHEREAS,the SPONSOR desires to accomplish the required engineering design and/or planning to meet the anticipated demand for aviation services for the Unified Government of Augusta-Richmond County; and WHEREAS,this type of engineering design and/or planning has a profound impact upon the organized system of airports in the State of Georgia;and WHEREAS,the Federal Aviation Administration(FAA)may desire to participate in such engineering design and/or planning through the DEPARTMENT; and WHEREAS, the DEPARTMENT desires to assist airports within the State through its participation in such engineering design and/or planning; and WHEREAS,under Section 32-2-3 of the Official Code of Georgia Annotated,it is the duty of the DEPARTMENT to develop long range transportation plans; and WHEREAS, under Section 32-9-7 of the Official Code of Georgia Annotated, the DEPARTMENT is authorized to participate in such an undertaking; and Page 1 of 10 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 WHEREAS,the SPONSOR has applied to the DEPARTMENT for financial assistance to accomplish the required engineering design and/or planning to meet the anticipated demand for aviation services for the Unified Government of Augusta-Richmond County. NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration as set out hereinafter, it is agreed by and between the DEPARTMENT and the SPONSOR that: ARTICLE I SCOPE AND PROCEDURE The SPONSOR shall perform or cause to be performed the scope of work as shown in Exhibit A, hereinafter referred to as the "PROJECT", which is attached hereto and made a part hereof the same as if fully set out herein,and for such work the DEPARTMENT shall compensate the SPONSOR in the amount and fashion as required by the pertinent provisions set out below. ARTICLE II AUTHORIZATION AND APPROVAL The SPONSOR shall perform the work as described in Article I Scope and Procedure, commencing upon SPONSOR receipt of notice to proceed from the DEPARTMENT. Therefore, the SPONSOR shall perform its responsibilities for the project until the maximum allowable cost to the DEPARTMENT is reached or until January 31,2021,whichever comes first. ARTICLE III COVENANT AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant federal,state,and local laws,as well as those regulations and requirements included in the Federal Office of Management and Budget Uniform Grant Guidance, 2 CFR Part 200. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR, to solicit or secure that contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage,brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the DEPARTMENT shall have the right to rescind this contract without liability,or,in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee,gift,or contingent floc. Page 2 of 10 DoouSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 ARTICLE IV SUBCONTRACT AND EMPLOYMENT RESTRICTIONS Before subcontracting for any of the work required to be performed by the SPONSOR under this Agreement, the SPONSOR shall obtain the DEPARTMENT's written approval of the proposed subcontract. The SPONSOR shall not employ any person or persons in the employ of the DEPARTMENT for any work required to be performed by the SPONSOR under this Agreement, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. ARTICLE V REVIEW OF WORK The SPONSOR shall submit to the DEPARTMENT written monthly status reports which detail the work elements of the PROJECT, as set out in Exhibit A,performed during the reporting period. All reports, drawings, studies, specifications,estimates,maps and computations prepared by or for the SPONSOR shall be made available to representatives of the DEPARTMENT for inspection and review at all reasonable times in the office of the SPONSOR. The SPONSOR shall furnish to the DEPARTMENT copies of all correspondence,publications, and reports relating to the PROJECT as they are produced during the course of the PROJECT. The SPONSOR shall notify the DEPARTMENT of all meetings and hearings involving the PROJECT and this notification shall be sufficiently in advance of said meetings and hearings that representatives of the DEPARTMENT may attend. The DEPARTMENT has the right to participate in all such meetings and hearings. ARTICLE VI RESPONSIBILITY FOR CLAIMS AND LIABILITY To the extent allowed by law,the SPONSOR shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its' officers, agents, and employees from all suits,claims,actions,or damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance of the work under this Agreement. These indemnities shall not be limited by reason of any insurance coverage held by the SPONSOR. To the extent allowed by law, the SPONSOR hereby indemnifies and hold harmless the DEPARTMENT, its' officers, agents, and employees from and against any and all claims, damages, losses and expenses arising out of the SPONSOR's negligent acts, errors or omissions Page 3 of 10 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 in the performance of its' professional services under this Agreement and agrees any contract with subcontractor or consultant will include such indemnification language. ARTICLE VII INSURANCE Prior to beginning the work, the SPONSOR and any subcontractor or consultant shall obtain and furnish certificates to the DEPARTMENT for the following minimum amounts of insurance or proof of acceptable self-insurance. 1) Worker's Compensation Insurance in accordance with the laws of the State of Georgia. 2) Public Liability Insurance in an amount no less than one hundred thousand dollars($100,000)for injuries,including those resulting in death to any one person, and in an amount not less than three hundred thousand dollars($300,000)on an account of any one occurrence. 3) Property Damage Insurance in an amount not less than fifty.thousand dollars($50,000)on an account of any one occurrence,with an aggregate limit of one hundred thousand dollars($100,000). 4) Valuable Pavers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. Insurance shall be maintained in full force and effect during the life of this Agreement. ARTICLE VIII COMPENSATION The DEPARTMENT and the SPONSOR agree that the total allowable cost of the PROJECT, as defined in Exhibit B, shall not exceed ONE HUNDRED THIRTY-EIGHT THOUSAND NINE and 48/100 dollars($138,009.48). The DEPARTMENT'S participation in the PROJECT shall be limited to ONE HUNDRED TWENTY-NINE THOUSAND FIVE HUNDRED TWENTY-NINE and 20/100 dollars ($129,529.20) which includes state funds in the amount of FIVE THOUSAND THREE HUNDRED TWENTY and 67/100 dollars ($5,320.67) and federal funds in the amount of ONE HUNDRED TWENTY-FOUR THOUSAND TWO HUNDRED EIGHT and 53/100 dollars ($124,208.53) for the PROJECT as summarized in Exhibit B. However, if the sum total of the actual cost of the PROJECT is less than the amounts indicated in Exhibit B,the DEPARTMENT shall be obligated to pay its pro rata share of the actual Project cost as verified from the records of Page 4 of 10 , DopuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 the SPONSOR. It is further understood the sponsor's local share of the project is in the amount of EIGHT THOUSAND FOUR HUNDRED EIGHTY and 28/100 dollars($8,480.28). ARTICLE IX MONTHLY PAYMENT Payments by the DEPARTMENT shall be made upon the submission of monthly itemized voucher showing to the satisfaction of the DEPARTMENT the PROJECT cost incurred for the work elements performed during the period covered by the accepted PROJECT.The payments by the DEPARTMENT for the work completed, as evidenced by the itemized voucher, shall be on a prorated basis. These monthly payments will be made in the amount of sums earned less all previous partial payments. Any amounts held by the SPONSOR as retainage will not be paid by the DEPARTMENT until such retainage is paid by the SPONSOR. ARTICLE X FINAL PAYMENT It is further agreed that after completion of the work, the SPONSOR shall submit to the DEPARTMENT a final invoice and a letter of acceptance by the SPONSOR specifying the PROJECT has been completed satisfactorily and in accordance with the work defined in Exhibit A. The DEPARTMENT, at its discretion, may conduct an audit of the PROJECT cost. Upon approval of the invoice,the DEPARTMENT will pay to the SPONSOR a sum equal to the amount of compensation as determined under Article VIII. Should the PROJECT be disapproved by the DEPARTMENT, the DEPARTMENT will not be obligated to make final payment to the SPONSOR. The DEPARTMENT's approval will be withheld only upon good and valid cause being shown. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, cost incurred, or otherwise arising out of this Agreement, and shall release the DEPARTMENT from any and all claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished in connection with same. ARTICLE XI MAINTENANCE OF CONTRACT COST RECORDS The SPONSOR shall maintain all books,documents,papers,accounting records,and other evidence pertaining to costs incurred on the project and shall make such material available at all reasonable times during this period of the contract, and for three years from the date of final Page 5 of 10 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 payment under the contract, for inspection by the DEPARTMENT, and any reviewing agencies, and copies thereof shall be furnished upon request. The SPONSOR agrees that the provisions of the Article shall be included in any contracts it may make with any subcontractor,assignee,or transferee. ARTICLE XII TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause or for any cause upon 30 days written notice to the SPONSOR, not-withstanding any just claims by the SPONSOR, for payment of services rendered prior to the date of termination. It is understood by the parties hereto that should the DEPARTMENT terminate this Agreement prior to the completion of an element of work the SPONSOR shall be reimbursed for such work element based upon the percentage work completed for said work element. ARTICLE XIII PUBLICATION AND PUBLICITY Articles,papers,bulletins,data,studies, statistics,interim or final reports,oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of work conducted under this Agreement shall not be presented publicly or published without prior written approval by the DEPARTMENT. IT IS FURTHER AGREED that all releases of information, findings, and recommendations shall include a disclaimer provision and that all published reports shall include that disclaimer on the cover and title page in the following form: "The contents of this publication reflect the views of the author(s),who is(are) responsible for the facts and accuracy of the data presented herein. The opinions, findings,and conclusions in this publication are those of the author(s) and do not necessarily reflect the official views or policies of those of the Department of Transportation,State of Georgia or the Federal Aviation Administration. This publication does not constitute a standard,specification or regulation." IT IS FURTHER AGREED that any information concerning the PROJECT,its conduct, results or data gathered or processed shall not be released other than as required under the Georgia Open Records Act, Section 50-18-70, et seq., O.C.G.A. Any request for information directed to the SPONSOR, pursuant to the Georgia Open Records Act, for documents that are either received or maintained by the SPONSOR in the performance of a service or function for or Page 6 of 10 . DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 on behalf of the DEPARTMENT shall be released pursuant to provisions of the Act. Further,the SPONSOR agrees to consult with the DEPARTMENT prior to releasing the requested documents. Should any such information be released by the SPONSOR other than as set out above and without prior approval from the DEPARTMENT, the release of the same shall constitute grounds for termination of the Agreement without indemnity to the SPONSOR. ARTICLE XIV SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the service under this contract, the DEPARTMENT materially changes the scope, character, complexity or duration of the services from those required under the basic contract,a supplemental agreement may be executed between the parties. Minor changes in the proposal which do not involve increased compensation, extension of time or changes in the goals and objectives of the parties may be made by written notification of such change by either party with written approval by the other party. ARTICLE XV CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. ARTICLE XVI COMPLIANCE WITH APPLICABLE LAW A. The undersigned certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 through 45-10-28 relating to Conflict of Interest and State Employees and Official Trading with the State have been complied with in full. B. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with the regulations for compliance with TITLE VI of the CIVIL RIGHTS ACT OF 1964, as amended, and 23 C.F.R. 200 as stated in Exhibit C of this Agreement. C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act"have been complied with in full,as stated in Exhibit D of this Agreement. D. Pursuant to O.C.G.A. Sec. 50-5-85,CONTRACTOR hereby certifies that it is not currently engaged in,and agrees that for the duration of this contract,it will not engage in a boycott of Israel. Page 7 of 10 DoouSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 E. IT IS FURTHER CERTIFIED that the provisions of Section 13-10-91 of the Official Code of Georgia Annotated,related to the"Georgia Security and Immigration Compliance Act"have been complied with in full,as stated in Exhibit I of this Agreement. F. Exhibits D through I are attached hereto and incorporated herein by reference. G. IT IS FURTHER AGREED that if federal funds are included in the PROJECT,the SPONSOR shall comply and shall require its subcontractors to comply with the "TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS", dated April 3, 2014. A copy of the compliance document is available from the DEPARTMENT'S Aviation Programs office or the Atlanta Airports District Office of the Federal Aviation Administration. H. It is FURTHER AGREED that the SPONSOR shall comply and require its contractors, subcontractors and consultants to comply with the requirements of Executive Order No. 13513,Federal Leadership on Reducing Text Messaging while driving,October 1,2009,and DOT Order 3902.10,Text Messaging While Driving,December 30,2009. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. Page 8 of 10 , DoquSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 IN WITNESS THEREOF said parties have hereunto set their hands and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION BY: UNIFIED GOVERNMENT OF AUGUSTA- RICHMOND COUNTY: EDowSigned b rUSStlio K AGf�_ DATE: r�flE00s►�FA... Commissioner ; y: ar , F+wus, l s3Luco,«oacs... by: MAYOR ATTEST. (SEAL) PRINTED NAME THIS CONTRACT APPROVED BY: UNIFIED GOVERNMENT OF AUGUSTA- RICHMOND COUNTY AT A MEETING HELD AT: DATE: Deccolfisied ... �6d,e�dDfU.,rA... CLERK (SEAL) FEDERAL ID/IRS# APPROVED AS TO FORM P77;w: Page 9 at 10 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 STATE OF GEORGIA (political Subdivision) BE IT RESOLVED by and it is hereby resolved,that an agreement,relative to airport engineering for with the Department of Transportation, State of Georgia and that NINO the Honorable , as is hereby authorized and directed to execute the same for and on behalf of the (Political Subdivision) 1010 a Passed and adopted,this day of ,20 . ATTEST o.�. ..., fkorkt, Vaiis Clerk oolitical Subdivision) Contracting Official&Title STATE OF GEORGIA a '^ (Political Subdivision) do hereby certify that I am custodian of the books and records of '# illeallet , and that the above and foregoing is a true and correct copy of the original resolution now on file in my office and same was passed and adopted by the on the date indicated above. WOW =1 Witness by hand and official signature this day of ,20 clic of(Political Subdivision) Page 10 of 10 , DopuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 Daniel Field Airport(DNL) Georgia Augusta, � EXHIBIT A SCOPE OF WORK ENGINEERING DESIGN SERVICES FOR RUNWAY 5/23, PARALLEL TAXIWAY AND APRON REHABILITATION GDOT Project Number AP019-1028.56(245) Richmond County PID-TO06808 The City of Augusta will provide engineering design services for the following construction project at the Daniel Field Airport: 1. Runway pavement rehabilitation for the primary runway, Runway 5/23, parallel taxiway, and apron pavements east of Runway 5/23. This project will generally Include milling existing pavement on the runway, crack sealing of the paved shoulder and milled runway surface to alleviate crack propagation, and overlaying a new asphalt wearing surface on the runway. The project will also include crack sealing and rejuvenation application for the taxiway parallel to Runway 5/23 and all aircraft movement and parking aprons east of the taxiway. This project will also include the subsequent remarking of all affected airfield pavements, including tie-down remarking, in compliance with FAA AC 150/5340-1 L, Standards for Airport Markings. The Engineering Design Services will consist of the preparation of construction drawings and specifications necessary to complete the project,as well as the necessary documents to advertise for bids, receive construction proposals, and award construction contract. The design services will include the following elements of work: • Element 1 — Project Formulation will include the preparation of work scope, fees, predesign/scoping meeting with GDOT, preliminary project evaluation, and funding assistance documentation including categorical exclusion and applications. • Element 2—Topographic Survey Work will be completed for the project area, with full topographic survey completed for the runway milling and overlay, and site assessment and crack inventory for the taxiway and apron pavements. • Element 3—Geotechnical Investigation will include the review of the site within the project area,analysis of runway core data previously acquired by GDOT,and proposal of rehabilitation methods. • Element 4—Construction Plans will consist of: 1. Cover Sheet listing the name of the airport, description of the project, vicinity and location maps, project number, and index of drawings. (Full scope) 2. Legend, Abbreviations and Quantities with item number, specification numbers, description of work item, unit and quantity. (Full scope) 3. Construction Safety and Phasing Plan Layout and General Notes(Ful scope) EXHIBIT A Rwy 5/23,Parallel Twy and/Apron Rehabilitation Page lof3 • DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 4. Construction Sequence Plan(for Multiple Phases of Airfield Pavement Work) 5. Existing Conditions(Runway) 6. Project Layout Plan and Staking Plan (Runway) 7. DemoBion Plan, Demolition Notes(Runway) 8. Existing Site Plane for Crack inventory and Mapping(Taxiway and Apron) 9. Crack Seal Plan and Details(Full scope) 10.Erosion and Sediment Control Details Plan, Notes and Details(Runway) 11.Marking Layout Plans(Ful scope) 12.Marking Details(Full scope) 13.Tie-down Plans(Apron) 14.Grading and Paving Plan(Runway) 15.Pavement Typical Sections(Runway) • Element 5—Contract Document(s)including the advertisement for bids, instructions to bidders,bid documents,contract documents,bid bond,performance borsi,payment bond, amid Federal Aviation Administration (FM) and/or Georgia Department of Transportation (GDOT) specifications to include GDOT Special Provisions to published specifications. This element shall include preparation of an engineering cost estimate for the project, and three separate submittals of 7460 and Construction Safety Phasing Plans to FAA for preliminary airspace review — one each for the Runway work, Taxiway work and Apron work. • • Element 6 — Engineers/Design Report will include a detailed description of the project construction, design calculations, and discussion of rationale for design decisions. This element will include a preliminary(30%)submission to GDOT. • Element 7 — DBE Plan for FY19-20 will be updated to include planned projects not induded In prior DBE plans. The DBE plan will be completed in accordance with 49 CFR Part 28, Participation by Disadvantaged Business Enterprise in DOT Programs. This will be submitted to GDOT in electronic PDF format only. • Element 8 — Coordination, Review and Comments will submit plans and specifications to the Sponsor and GDOT and address comments mnents as follows: 1. Kickoff meeting with the Sponsor and GDOT to view the site conditions, review scope of work, schedule, and proposed layout options. 2. 95%review meeting with the Sponsor and GDOT to finalize plans and determine construction schedtde. 3. Provide one hard copy set of plans and specifications to the Sponsor for initial review. 4. Provide one electronic set of plans and specifications to GDOT for initial review. 5. Respond to Sponsor and GDOT comments and resubmit, electronically. 8. Upon Sponsor and GDOT concurrence, Print and Deliver one (1) set of final plans and contract documents to the Sponsor and full electronic submission of plane, specifications and other construction documents to the Sponsor and GDOT for coordination a. Provide one(1)electronic copy of the final documents in AutoCAD format to the Sponsor and GDOT b. Provide one (1) electronic copy of the final documents in PDF format to the Sponsor and GDOT EXHIBIT A Rwy 5/23,Parallel Twy and Apron Rehabilitation Page 2 0(3 , DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 • Element 9—Bidding and Preconstructlon Services will include the following: 1. Coordinate advertisement for bidders 2. Administration of bid documents and responses to bidder questions and requests for information 3. Preparation of addenda 4. Attendance at both pre-bid meeting and bid opening 5. Review of submitted bids, preparing bid tabulations, and providing a certified bid tab and engineer's recommendation of award. Element 10 — Construction Administration will not be included in this current scope. Construction administration services will be completed with the construction phase project and are not included in this scope of work. Construction contract from GDOT will not be initiated until receipt of all approved deliverables This project will be designed in accordance with the provisions of the Federal Aviation Administration (FAA) Advisory Circular 150/5300-13A. All construction details and specification will conform to FAA 150/5370-1OG, Standards for Specifying Construction of Airports, and associated guidance. EXHIBIT A Rey 5/23,Parallel Tay and Apron Rehabilitation Page 3 of 3 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 1 0 tl g M m N -+ Om0 -4 CM CA +. W N — li O m i.. to Z' sx — gymOv88Gn1 7� lit 3 ! J. Zpr� ZZ j ;3 mi c x22000 �d dorm . .1 $ a z � n $ z1txc C4 1 I IA tI W5E120 A -1073c8 yZm m a � m 0T - * c� m r 3 � �: 0z_ia , N z � a -i0 rnJ � _1 �-I ROO 0Zo z Z Z Cl) Y � � (�T1 O i _ rn � � : 0 z z < Ck o v IgA 0 il 3 r m r Q m X ib m � ' -I E a ' m 03 0 ff) ^1 z C) il 14 la TIX.OtP”S .547 V V i" ° I itttgY Jft; gg8rnmg `!I - - v II ' 11 ; ! !I !I 1R _ m g s N �ripm -.vwx40,4100344 , gcroM NmY N �CCD VWV V $4A2e ril YZ W B O t O k g a g T t t N ps pt Fa t § 25 g 74 CD 74 8 CD " 0) Frn O O O CA CA CA CA CA CA Cit CA cn 4106 gVinrili �W Z � NppO � $"3 C1DNN fv? 4 I -v . DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT C NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1%4 During the performance of this Agreement,nt, the Contractor, for itself; its radg ees and SUMISSOrs in interest(hereinafter retrad to as the"Contractor"),agrees as follows: (1) CompMance with Re uladon : The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation Mlle 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulation; [also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimin : The Contractor,with regard to the weak performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race,color,rational origin,or seal in the selection and retention of subcontractors including pent of materials and leases of equipment. The Contractor will at participate either tiredly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program,set forth in Appendix B of the Regulations. In addition,the Contractor will not participede either directly or indirectly in the discrimination prohibited by 23 CFR 200. (3) Solicitations for Subcontracts,Includinn Procurement of Materials sad Eauhame n In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract,including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations nyder this contract and the Regulates relative to nondiscrimination on the grounds of race,color,national origin or sex. (4) Information and Reports: The Contractor will provide all information and reports required by the Regulat ons, or orders and ins ructions 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 State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain co lance with such Regulations, orders and instructions. What any info/mafiosi required of a Contractor is in the exclusive possession of another who fails or refuses to finish this information,the Contractor shall so certify to the State Department of Transportatice,or the Federal Highway Administration a appropriate,and shall set forth what efforts it has made to obtain this kformation. (5) for Naas : In the event of the Contractor's ramcompliamce with the nondiscrimination provisions of this contract,the State of Transportation shallimpose such contract sanctions as it or the Federal Department Arkninistration may detennke to be appropriate,including.int not limited to: EXHIBIT C-1 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 (a) withholding of payments to the Contractor under the contract until the Contractor complies,and/or (b)cancellation,termination or suspension of this contract,in whole or in part. (6) Incoruoratkn of Provisions: The Contractor will include the provisions of hs(1)through(6)in everysubcontract,including procurement of materials and leases of equipment,unless exempt by the Regulations,order,or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however,that in the event a Contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. EXH1B C-2 • DacuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT D CERTIFICATION OF SPONSOR DRUG-FREE WORKPLACE 1 -3,-•1 'fy that I am the duly authorized representative of whose address is and it is also certified that: (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full;and (2) A drug-free workplace will be provided for the consultant's employees during the performance of the contract; and (3) Each subcontractor hired by the Consultant shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The Consultant shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the Consultant,certifies to the Consultant that a drug- free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph(7)of subsection(b)of the Official Code of Georgia Annotated Section 50-24-3";and (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation,possession, or use of a controlled substance or marijuana during the performance of the contract. lbu^ NAis, Date Signature EXF3.IHTT D DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT E CERTIFICATION OF SPONSOR ININS I hereby certify that I am the and duly authorized representative of the firm of whose address is . I hereby certify to the best of my knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress,or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,'Disclosure Form to Report Lobbying',in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such failure. The prospective participant also agrees by submitting its bid the it shall require that the language of this certification will be included in all lower tier subcontracts which exceed$10,000.00 and that all such sub-recipients shall certify and disclose accordingly. I also certify that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant)to solicit or secure this agreement. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any fine or person in connection with carrying out the Agreement,or EXHIBIT E-1 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation,or consideration of any kind for,or in connection with,procuring or canying out the agreement; except as here expressly stated(if any): I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Aviation Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal-aid aviation funds, and is subject to applicable State and Federal laws,both criminal and civil. _ Ea�� t wi►"i(it. iso fir. Date IMEE'®" 'Signature EXHIBIT E-2 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT F CERTIFICATION OF DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that the above airport sponsor, consulting fine, or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain,or agree to employ or retain,any firm or person,or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation,or consideration of any kind; except as here expressly stated, (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration, U.S. Department of Transportation,in connection with this Agreement involving participation of Federal- aid Aviation Funds,and is subject to applicable State and Federal Laws,both criminal and civil. Eby: Ussta Date '°"®"uuy°""�w._. Commissioner,Georgia Department of Transportation EXHIBIT DacuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT G PRIMARY CONTRACTOR CERTIFICATION REGARDING DISBARNINT, 8IIIPENSION, AND OTHER RESPONSIBILITY NATTERS I hereby certify that I am the and duly -_ - ve of , whose address is " ` , and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b) Have not within a three year period preceding this Agreement been convicted of or had a civil judgement rendered against the firm or its representatives for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction in violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offense enumerated in paragraph (b) of this certification; (d) Have not within a three year period preceding this Agreement had one or more public transaction (Federal, State or Local) terminated for cause or default; and (e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as attached hereto and without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with this Agreement involving participation of Federal-Aid Aviation Funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature erA (SEAL) tri A.. �••1 LOGI BIr G-1 DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 Instructions for Appendix G Certification Certification Regarding Wit, Suspension, and Other Responsibility Matters - Primary Covered Transactions(Constants) 1. By signing and submitting this contract the Consultant is provkling the certification set oat is Appendix C. 2. The inability of the Consu haat to provide the certification required may not necessarily result in denial of pruticipationin this covered transaction. The Conaukant shall then submit an exithaution of why it cannot provide the certification. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Consultant to furnish a certification or an explanation shall disqualify such person or firm from participation in this transaction. 3. The certification, Appendix C, is a material representation of fact upon which reliance is placed by the Department before entering into this transaction. If it is later determined that the Consultant knowingly rendered an erroneous certificrtion, in addition to other remedies available to the Federal Government,the Department may terminate this transaction for cause of defauk. 4. The Consultant shall provide immediate written notice to the Department if at any time the Consultant learns that it certification was erroneous when submitted or has become erroneous by mason of changed circumstances. 5. The terms"covered transaction","debarred","suspended", "ale", "lower tier covered transaction", "participant", "parson", "primary covered transaction", "principal", "proposal",and"voltuntarily excluded", as used in these instructions and the certification,have the meanings set out in the Definitions and Coverage sections of the rules inntbamenting Executive Order 12549. You may contact the Department for assistance in obtaining a copy of those regulation. 6. The Consultant agrees by submitting this proposal/contract that should the proposed covered transaction be entered into,it shall not kaowingly eater into a lower tier covered transaction with a person/firm who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. 7. The Consultant father agrees by submitting this proposal/contract that it will include the clause titled"Certification Regarding Det,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction", as provided by the Department without modification, in all lower tier cod transactions and in all solicitations far lower tier covered transactions. 8. A Consultant in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction;unless it knows that the certification is erroneous. The Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. 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 these instructions. The knowledge and nformation of Consultant is not required to exceed that which is normally possessed by a prudent person in the onfituary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions,if the Consultant in a covered transaction knowingly emus into a lower tier covered transaction with a person who is debarred,iadigible+,or voluntarily excluded from psitieipation in this transaction in addition to other remedies available to the Federal meet, the Georgia Department of Transportation may tie this transaction for arae or do6mk. MIMI"G-2 , = DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 EXHIBIT H CERTIFICATION OF COMPLIANCE WITH STATE AUDIT REQUIREMENT I here. that I am the , authorised repcaanteNve of whose address is ,and it is also certified that: The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the "Requirement of Audits"have been complied with in full such that: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of$175,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $175,000.00 in that government's most recently ended fiscal year may elect to provide for and cause to be made,in lieu of the biennial audit,an annual report of agreed upon procedures for that fiscal year. (d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. EIlweellipsed tada, y. Date Signature EXHIBIT H DocuSign Envelope ID:BOD6FD6A-B30E-46F6-823F-06F046CE3363 Georgia Department of Transportation GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contractor's Name: Unified Government of Augusta-Richmond County Solicitation/Contract No./Call No. T006808/AP019-9029-56(245)Richmond or Project Description: Design Runway 5/23 Rehabilitation and Airfield Crack Seal and Rejuvenation,DBE Plan FY19-21 at the Daniel Field Airport in Augusta, GA CONTRACTOR AFFIDAVIT By executing this affidavit,the undersigned contractor verifies its compliance with O.C.G.A.§ 13-10.91,stating affirmatively that the individual,entity or corporation which is engaged in the physical performance of services on behalf of the Georgia Department of Transportation has registered with,is authorized to use and uses the federal work authorization program commonly known as E-Verify,or any subsequent replacement program,in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore,the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A.§ 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 46923 7/09/2007 Federal Work Authorization Userldentification Number Date of Authorization (EEV/E-Verify Company Identification Number) Unified Government of Augusta-Richmond County Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct -}Aafate IDaNit , Sir. Mn;rr— Printcd Name(of Authorized Officer or Agent of Contractor) Title(of Authorized Officer or Agent ofContractor) t ----) 12../?l l/ Si ature(of uthorized Officer or Agent) Date Signed AND SWORN BEFORE ME ON THIS THE DATE: 1 9"--\ 2i \ i �.•••s�,�AR„'''•,, .. _.:, 1U, .: tpl.;.;\1o: Notary Public [NOTA Y SEAL] _ ,I , _ I” \I m My Commission Expires: `2� \iq pV� ,4 , � , `• swe' IIlfiwon .ch G �w Mr/264 2'A1f� ,rrhra!iii�ii�•••• EXHIBIT I Rev. 11/01/15