Item Q9
"Revi~eciAs ~.(il
BOARD OF COUNTY COMMISSIONERS P VI'
AGJ:NDA fl'J:M SUMMARY VI ;;k/7
Meeting Date: JanUBlV 17. 2007 Division: Coonty Atto,__ ,_
Bulk Item: Yc:! XX No StatfCootact Person: Pedro Mercado
AGJ:NDA rn:M WORDING:
Approval of 4. (AlP Grant CnRlpIianee> lUIU!I.nmP.nt with The Morpnti Group.
ITEM BACKGROUND:
The FAA and F.D.O. T. have both provided grant timdins for the KWIA new terminal and renovation
projection. Those grants r.nntain various grant compliance requirements. FollowiDs the Il........,jltld of
the Morpnti bid p-1r. to the FAA the county was infonned of grant oompIianee deli< .;.....-.jes, This
amendment addresses those deficiencies.
PREVIOUS IU:Ll:VANT BOCC AcnoN:
Approved 8lreCUtion of the G.M.P. .........tm.mt at the December 2006 B.O.C.C. meetiDg
Verbally approved the G.M.P. p......mnent at the November 2006 B.OC.C. meetiDg.
Approved the amend"'eJ1t to the contract awarding the Marathon Airport Hurricane Damage Repairs on
March IS. 2006.
Approved the awanI of the CM. at Risk contract to the Morpnti Group on October 19, 2006.
CONTRACI'/AGREEMENT CHANGES:
N/A
STAFli'RECOMMJ:NDATIONS:
Approve
TOTAL COST:
COSTro COUNTY:
BUDGETED: Yc:s
SOURCE OF ll'UNDS:
No;XX
REVENUE PRODUCING: Yes _ No XX AMOUNT PER MONTB_ Year_
APPROVED BY: County Atty _ OMBlPun:lJasing _ Risk Manaa.,......JI_
DlVISIlJN DJJUX:TOIl.......VM" ~ ./ff~~,6'?
A ~ AITORNEY
DOCUMI:NTATION: lnclo,ded. Not Required_
* To be provided.
DISPOSmmi":
(:"\ c,/
AGJ:NDA ITEM #I ~
IlcYi80d WS
FOURTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
Al'fD CONSTRUCTION MANAGER, THE MORGANTI GROUP, INC.
KEY WEST INTERNATIONAL AIRPORT-
NEW TERMINAL BUILDING AND RENOVATION PROJECT
(ALP Grant Compliance Amendment)
TIDS FOURTH AMENDMENT to the Agreement between the County and
Construction Manager, The Morganti Group, Inc., for the Key West International
Airport - New Terminal Building And Renovation Project (hereinafter "Agreement") is
made and entered into this day of , 2007, by and between
MONROE COUNTY, a political subdivision of the State of Florida (hereinafter
"County"), and The Morganti Group, Inc., a corporation of the State of Florida,
(hereinafter ''The Morganti Group'').
WITNESSETH
1iVHEREAS, on the 2nd day of November, 2005, the parties entered into an
Agreement dated October 19, 2005, for the New Terminal Building and Renovation
Project at the Key West International Airport ("Project"); and
WHEREAS, on the 150. day of March, 2006, the parties entered into an
amendment, incorporated herein, of the Agreement whereby The Morganti Group
contracted with the County to perform Hurricane Damage Repair Work to the Florida
Keys Marathon Airport ("First Amendment"); and
WHEREAS, on the 200. day of December, 2006, the parties entered into an
amendm.ent, incorporated herein, of the Agreement to establish the Guaranteed
Maximum Price for the Project (''Third Amendmenf'); and
WHEREAS, the County and The Morganti Group intend to amend and clarify
both the Agreement and the First Amendment in an amendment to the Agreement
("Second Amendmenf') to be executed concurrently with this Fourth Amendment;
WHEREAS, the Federal Aviation Administration ("FAA'') and the Federal
Department ofTransportation ("FDOT") have both provided grant funds for the New
Terminall Building and Renovation Project at the Key West International Airport and
the Hurriicane Damage Repair Work to the Florida Keys Marathon Airport; and
and
WHEREAS, the grant awards contain grant conditions which must be satisfied;
WHEREAS, the parties are entering into this Fourth Amendment to the
Agreement to address such grant condition compliance responsibilities; and
WHEREAS, FAA approval of this Fourth Amendment is documented in
Exhibit A, attached hereto;
NOW, THEREFORE, in consideration of the mutual promises and covenants
set forth below, the parties agree to amend the Agreement as follows:
I. Procurement. Section 2.4(4) is hereby replaced with the following:
(4) Procurement - This subsection, 2.4(4), applies to work related to
the Key West Project and the Florida Keys Marathon Airport security fence and
generator vault work only. By way of amendment dated March 3, 2006 and
attached hereto, the requirements contained within this subsection, 2.4(4), are
waived for the Marathon Repair Work (such waiver not including the security fence
and generator vanlt work).
(a) Without assuming responsibilities of the Architect-Engineer, and unless
waived in writing by the County, the Construction Manager shall prepare
invitations for bids, or requests for proposal when applicable, for all
procurements oflong lead items, materials and services, and for Subcontractor
l:ontracts ("Subcontracts").
(b) Construction Manager shall conduct all procurement of materials,
services, and construction Subcontracts in accordaoce with the requirements of
49 C.F.R. section 18.36(c), (d) and (e), to the extent applicable and as such
requirements may be amended from time to time.
( c) In addition to and without limiting the requirements of subsection
2:.4(4){b) herein:
1. In procuring professional services, Construction Manager shall comply
with Florida Statutes 287.055, to the extent applicable.
2. The solicitation of competitive hids or proposals for any construction
Subcontract exceeding One Hundred Thousand Dollars ($100,000.00) shall be
publicly advertised at least once in a newspaper of general circulation in the
county where the project is located at least twenty-one (21) days prior to the
established bid opening and at least 5 days prior to any scheduled prebid
conference. The solicitation of competitive bids or proposals for Subcontracts
over Five Hundred Thousand Dollars ($500,000.00) shall be publicly advertised
alleast once in a newspaper of general circnlation in the county where the
project is located at least thirty (30) days prior to the established bid opening
and at least 5 days prior to any scheduled prebid conference. Bids or proposals
shall be received and opened at the location, date, and time established in the
bid or proposal advertisement. In cases of emergency, the procedures required
in this section may be altered by the County in any manner that is reasonable
under the emergency circumstances.
2
a. If the location, date, or time of the bid opening changes, written
notice of the change must be given, as soon as practicable after the change is
made, to all persons who are registered to receive any addenda to the plans and
specifications.
b. A construction project may not be divided into more than one
project for the purpose of evading the requirements in this section.
c. As used in this section, the term "emergency" means an
unexpected turn of events that causes:
i. An immediate danger to the public health or safety;
ii. An immediate danger of loss of public or private
property; or
Ill. An interruption in the delivery of an essential
governmental service.
3. For construction Subcontracts that do not exceed One Hundred
Thousand Dollars ($100,000.00), Construction Manager shall comply with the
following procedures:
a. Subcontracts over Ten Thousand Dollars ($10,000) but not
exceeding Twenty Five Thousand Dollars ($25,000) may be entered into by the
Construction Manager with the firm which submits the lowest veIbal quotation.
The Construction Manager shall obtain a minimum of two (2) verbal quotations.
These quotations shal1 be entered on a bid tabulation sheet and a copy of such
tabulation sent to the County and Architect-Engineer upon request. The
successful quotation shal1 be confirmed by written Subcontract or purchase
order defining the scope and quality of work to be provided and awarded to the
firm with the most responsive bid.
b. Subcontracts exceeding Twenty Five Thousand Dollars
($25,000) but not exceeding One Hundred Thousand Dollars ($100,000) may be
entered into by the Construction Manager with the firm who is qualified and
submits the most responsive proposal. The Construction Manager shal1 request
at least three (3) firms to submit sealed written proposals based on a written
drawings and/or specification. The written proposals shall all be received at the
location, date and time named by the Construction Manager in his request for
proposal. A tabulation of the results shall be furnished to the County and
Architect-Engineer upon request.
c. Individual purchases of materials or rentals or leases of
equipment amounting to less than Ten Thousand Dollars ($10,000) each maybe
3
made without bids or quotes when reasonably necessary to expedite work on the
project, however, the Construction Manager shall not divide or separate
procurement in order to avoid the requirements set forth above.
d. Site utilities may be acquired at market rates from the entity(ies)
providing such in the franchise area.
4. AB part of preparing invitations for bids, or requests for proposal, the
Construction Manager shall review the specifications and drawings prepared by the
Architect-Engineer. Ambiguities, conflicts or lack of clarity oflanguage, use of
illegally restrictive requirements, and any other defects in the specifications or in
the drawings noted by the Construction Manager shall be brought to the attention of
the Project Director and Architect-Engineer in written form.
5. For each separate construction Subcontract exceeding Twenty Five Thousand
Dollars ($25,000), the Construction Manager shall, unless waived in writing by the
County, conduct a pre-bid conference with prospective bidders, the Architect-
Engineer and Project Director. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for
clarification or correction of the invitation, the Construction Manager shall transmit
these to the Architect-Engineer and upon receiving clarification or correction in
writing shall prepare an addendum to the bidding document, and issue same to all
of the prospective bidders.
6. For all Subcontracts exceeding One Hundred Thousand Dollars ($100,000), the
Construction Manager shall establish a pre-qualification procedure for applicable
Subcontract trades.
7. The bid packages prepared by the Construction Manager shall contain all
federal provisions required under the FAA Airport Improvement Program ("AIP
Provisions''). These provisions are set forth in Exhibit B hereto and consist of the
following:
1.
2.
3.
Bid Lan UB e
Bu American Preference
Certification of Non-S ted Facilities
Notice of Requirement for Affirmative
Action
ual rtuni S ification
Form of Subcontract containing requirements
set forth in Section 2.5.3 of this cement
Exhibit Number
B-1
B-14
B-15
4.
5.
B-16
N/A
4
2. Federal Contractlnl! Reaulrements. Article 2 is amended to include a new
Article 2.5 as follows:
2.5. FEDERAL CONTRACTING REOUIREMENTS
2.5.1 General. No subcontractor shall be authorized to perform work on the
Project until (i) three copies of the final form of Subcontract containing the terms
required under this Agreement have been submitted to the County for transmittal to
the FAA, and (ii) the County has provided notice to the Construction Manager that
the FAA has agreed to the issuance of a notice to proceed to such Subcontractor.
2.5.2 AIP Provisions Aoulicable to Construction J\,fana,,'lr and Professional
Services Subcontractors. Construction Manager shall comply with the following
AlP Provisions in performing its services under this Agreement. In addition,
Construction Manager shall include the following provisions in any of its
Subcontracts for professional services based on the value of the Subcontract as
noted below:
[~ Provision I Exhibit
AU Professional Service Contracts
1. Civil Ri ts Act of 1964, Title VI B-2
2. Airport and Airway Improvement Act of B-3
1982, Section 520
3. Lobb' and Influencin Federal B-4
4. Access to Records and R rts B-5
5. Disadvanta ed Business Ent B-6
6. Breach of Contract Terms B-8
7. Ri ts to Inventions B-9
8. Trade Restriction Clause B-I0
Professional Services Snbcontracts Exceeding $10,000
[D Termination of Contract I B-17
Professional Services Snbcontracts Exceeding $25,000
[10. Certification Regarding Debarment, B-18
Suspension, Ineligibility and Voluntary
Exclusion
2.5.3 AIP Provisions To Be Included in Construction Subcontracts.
Construction Manager shall include the following AIP Provisions in all construction
Subcontracts (including equipment subcontracts as indicated) and shall comply with
the following AIP provisions with respect to any self-performed construction on the
Project based on the value of the Subcontract or of the self-performed work.
5
] Prov:ision
I Exhibit
I~~:r
(YIN)
All Construction Subcontracts
1. Buv American Preference B-1 y
2. Civil Ril!hts Act of 1964, Title VI B-2 Y
3. Allport and Airway Improvement B-3 y
Act of 1982, Section 520
4. Lobbying and Influencing Federal B-4 Y
Employees
5. Access to Records and Reoorts B-5 Y
6. Disadvanta2ed Business Enterprise B-6 Y
7. Enerl(V Conservation B-7 y
8. Breach of Contract Terms B-8 y
9. Rildlts to Inventions B-9 y
10. Trade Restriction Clause B-lO y
11. Veteran's Preference B-ll N
Construction Subcontracts Exceeding $2,000
01;:1 Davis Bacon Labor Provisions I B-12
Construction Subcontracts Exceeding $10,000
13. ua1 rtuni Clause B-13
14. Certification of Non-Segregated B-14
Facilities
15. Notice of Requirement for Affirmative B-15
Action
16. ortuni S ecification B-16
17 . Termination of Contract B-17
Construction Subcontracts Exceeding $25,000
[18. Certification Regarding Debarment, B-18
Suspension, Ineligibility and
V olnn Exclusion
Construction Subcontracts Exceeding $100,000
N
N
N
N
N
Y
y
19. Contract Workhours and Safety B-19 N
Standards Act Reauirements
20. Clean Air and Water PollutiOn Control B-20 y
3. Aimort Construction Safety Plan and FAA Notification Requirements. Article
2.4(9XaX5) is hereby amended to read as follows:
(5) Provide a safety program for the Project to meet OSHA requirements and
the County's Airport Construction Safety Plan. Monitor Subcontractor
compliance without relieving them of responsibilities to perform work in
accordance with the best acceptable practice.
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Article 2.4 is hereby amended to include a new Article 2.4(14) as follows:
(14) Construction Safety Plan and Notices. The Construction Manager shall
prepare on behalf of the County an Airport Construction Safety Plan for the
Project that meets all FAA requirements. The County shall assist the
Construction Manager by providing or causing the Architect-Engineer to
provide plans and drawings and other information necessary to prepare such
plan. The Construction Manager shall provide notice to the County no less than
24 hours in advance of any construction activity and conditions related to the
Projects that may adversely affect the operational safety of the airport( s). The
County shall be responsible for preparing and issuing any necessary Notices to
Airmen with respect to such construction activity and conditions of which it
receives notice. In addition, the Construction Manager shall advise the County
of construction equipment or other structures that may trigger requirements
under 14 C.F.R. Part 77 to provide notice to the FAA of construction or
alternation of objects that may affect the navigable airspace. The Construction
Manager shall advise the County of such equipment or structores as soon as
possible in the planning process but, in any event, no later than five (5) business
days in advance of the applicable deadline for submitting such notices to the
FAA and shall assist the County in preparing such notices if requested by the
County.
4. General Exoenses. Article 9 is hereby amended to include a new Article 9.3 as
follows:
9.3 Non-Allowable Costs. Construction Manager shall account for the
following costs and expenses separately in any payment request or cost report.
In no event shall any of the following costs or expenses be covered or
reimbursed to Construction Manager out ofF AA grant funds:
(a) Costs of amusemeut and social activities and incidental costs such as meals,
lodging, rentals, transportation, and gratuities.
(b) Contributions and donations.
(c) Bad debts, including losses due to uncollectible customer's accounts and
other claims, related collection costs, and related legal costs arising from other
businesses of the consultant.
(d) Dividend provisions or payments.
(e) Interest on borrowed capital. .
(f) Bonus payment for early completion of work.
5. Intemretation. Construction Manager acknowledges that the work to be
performed under this Agreement is funded all or in part by one or more grants from
the FAA and/or FOOT to the County and that this Fourth Amendment is intended to
help assure compliance with the terms and conditions of such grant(s). In the event
of any conflict between the requirements oftbis Fourth Amendment and the
7
requirements of any other provision of this Agreement, the more stringent or more
restrictive requirement shall govern. All other proviaions of the October 19,2005,
Agreement, as previously amended and not inconsistent herewith, shall remain in
full force and effect The County acknowledges that the Construction Manager
commenced performance under the Agreement prior to the effective date of this
Fourth Amendment. Construction Manager shall cooperate with the County in
implementing steps reasonably necessary to comply with applicable FAA or FDOT
grant requirements with respect to activities performed under the Agreement prior
to the effective date of this Fourth Amendment; provided that no action or omission
by Construction Manager otherwise in compliance with the Agreement prior to the
effective date of this Fourth Amendment sba1l be considered a breach of the
Agreement by Construction Manager.
6. Effective Date. This Fourth Amendment shall become effective upon execution by
the parties hereto and receipt of written approval from the FAA.
IN WITNESS WHEREOF, each party has caused this Amendment to
Agreement to be executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOIJIAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
ATTEST:
THE MORGANTI GROUP, INC.
By
Title
By
Title
8
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EXHIBIT A
(Attached hereto)
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9
EXHIBIT B
(Attached hereto)
10
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EXHIBIT B-1
auY AMERICAN PREFERENCES
(a) The Aviation Safety and Capacity expansion Act of 1990 provides that preference be given to steel
and manufactured products produced In the United States when funds are expended pursuant to a grant
Issued under the AIrport Improvement Program. The following terms apply:
1. Steel and manufactured products. As used In II1Is clause, steel and mimufactured products
Includa (1) steel produced In the United States or (2) a manufactured product produced In the
Unked States, If the cost of its components mined, produced or manufactured In the United States
exceeds 60 percent of the cosl of an lis components and final assembly has Iaken place in the
UnRed Slates. Componenls of foreign origin of the same class or kind as the products referred 10
In subparagraphs b. (1) or (2) shall be lreaIed 88 domestic.
2. Componenls. As used In this clause. components means those articles, materials, and
supplies incorporated dlreclly Into steel and mallllfac:Ued products.
3. Cost of Components. This means the costs for production of the components. exclusive of
final assembly labor costs.
(b) The successful bidder wftl be required to assure thai only domestic steel and manufaclured products
wll be used by the Contractor, subcontraclors, materialmen and supplIerS In the perfonnance of this
contracl, excepl those:
1. thai the US Department of Transportation has determined. under the Aviation Safety and
Capacity Expansion Act of 1990, are not produced In the United SIaIes in sufficlenl and reasonably
evalable quanlilles and of a saIIsfacIory quality;
2. thai the US Department of Transportation has determined, under the Aviation Safely and
CapacIIy expansion Act of 1990, thai domeslfc preference would be Inconslsl8nt with the public
Interest; or
3. thai Inclusion of domestic mat8ltal win Increase the cosl of the overaR project contract by more
than 25 percent
BUY AMERICAN CERllACATE
By submltllng a bld/propo8al under this soIlcltatfon. except for those Items listed by the offeror below or on
a separate and clearly identified allachmenl to this bIdIproposaI. the offeror certIIIes thai steel and each
manufactured producI. are produced In Ihe United Stale\!. 88 defined in Ihe cllIY88 Buy American - SIeei
llI'1d Manufaclured Products for Con&fnJclion ConIracIs) and thai components of unknown origin are
considered to hava bsen produced or manufactured outside the United Slates.
OIferors may obtain from the owner a listing of articles. maIerfaIs and supplies axcepted from this
provision.
Product
Countrv of Orlain
ADDllcatlon
Incorporate Inlo all constructfon and equipment procuremenls. Pal'll\J8Phs (a) and (b) should be placed In
the soIlcItetlon. The Buy AmerICan certificate should be placed in the conlracl documents.
Ref8nonc:e
Section 9129 of the Aviation Safety and Capaclly expansion Act of 1990
T1tIe 49 U.S.C. Chepter 601
AlP Program Guidance leiter 91-3
EXHIBIT B-2
ClVIL RIGHTS ACT OF 1964, TITLE V1- CONTRACTOR CONTRACTUAL REQUIREMENTS
During the performance of this contraot, the contractor, for itself. its assignees end sucoessors in interest
(hereinafter referred to as the "Contracto") agrees as follows:
1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to
nondiscrimination In federally assisted programs of the Department of Transporlallon (hereinafter.
"DOr) Tille 49, Code of Federal RegUlations, Part 21, as they may be amended from time to
time (hereinafter referred to as the Regulations), whloh are herein incorporated by reference and
made a part of this contract.
1.2 Nondlscrtmlnatlon. The conlraotor, with regard to ths work performed by it during the
contract, shan not dI8or1mlnate on the grounds of race, color, or naIiona/ origin In the seIeoIlon
and retentlon of subcontractors, including prootIrem8nls of materials and leasee of equipment
The contractor shall not partIoipafe etther dlreolfy or Indimclly In .the dlsor1minaUon prOhIbIled by
seoIion 21.5 of the Regulations, Including employment praolioee when theoontraot covers a
program set forth In Appendix B of the Regulations. .
1.3 SoIIcItalIone for Subcontracts, including Procuremente of MateIllIIe end EquIpment. In
an aolloltslions elther by compelltlve bidding or negotlation mede by the conb acb for W9If< to be
perfonned under a subcontract, including procurements of malel1.ola or leases of equipment, each
polenUaI subcontractor or supplier shall be noIIIIed by the contraotor of the contraolor's
obIlgst1ons under this contract and the Regulations relative to nondlsqrfmlnalion on the lJOUnds of
race, color. or nsllonel origin.
1A Infonnatlon and Reports. The contractor shall provide all fnfomtatlon and reporls required
by the Regulations or direotivee Issued pursuant thereto and shall pennl access to lis books,
reconls, accounts, other sources of Information, and lis faoilltiee as may be determined by the .
Sponsor or the Federal Avlstion Administration (FAA) to be perllnent to asoefIaIn compliance with
such Regulations, orders, and InstJuclIons. Where any Information required of a conlraotor Is In
the exclusive possesslon of another who fails or refuses to furnish this Inforrnation, the contractor
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has
mede to oblsin the fnformellon.
1.5 s.nctlons for Noncompliance. In the event of the rolltraotor's noncompliance with the
nondlscrimlnelfon provisions of this contraot, the sponsor shalt Impose such contract sanoIlons as
It or the FAA may determine 10 be appropriate, Including, but not limited to:
a. Withholding of payments 10 the conlraotor under the contract untn lI1e contraotor compiles,
and/or
b. Cancellation, termination, or suspension of the contraot, In whole or In part.
1.6 InCOf'JlCll'lltlo of Provisions. The contraotor shallnclude the provisions of paragraphs 1
through 5 In every subcontract, including proouremenls of maIer18ls and Iseses of equipment,
unless exempl by the Regulallons or dlmcllvee Issued pwsuant thereto. The COt ,Iractoo shan take
such eolian with respect to any subcontract or procui'ement 98 the 8pOIlllOF or the FAA may direct
as a means of enforolng such provisions including sanolfons for noncompllanc:e. ProvIded,
however, that In the event a ron\Jaotor beromes flMllved In, or is tITe&taned with, litigation with a
subcolllractol or supplier as a result of such dlreolion, tha contraoIr:>f may request the Sponsor to
enter Into sucl1lltlgallon to protect the Interests of the sponsor and, In addition. the contractor may
request the United States to enter Into such lIt1gaUon to proteot the lntanlsls of the United Stales.
!!
L
r
AoDUcatfon
Required In all oontraots and subcontraols
R8f8ranca
49 CFR Part 21
AC 150/5100-15
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EXHIBIT B-3
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 620- GENERAl CIVIL RIGHTS
PROVISIONS
The conlraclDr assures that n will comply wlth pertlnent statutes, Executive orders and such rules as
are promulgated to assure that no person shall, on the grounds of race, alled, color, naUonal origin,
sex, age, or handicap be excluded from parlicipating In any activity conductad with or benefiting from
Federal ass/stance. This provision obligates the tenantlconcesslonalrellessee or Its transferee for the
period during which Federal assistance Is extended to the airport a program, except where FedaraJ
assistance Is to provide, or Is In the form of personal properly or real properly or Interest therein or
structures or Improvements thereon. In these cases the provision obligale$ the party or any
transferee for the longer of the following periods: (a) the period during which the property Is used by
the airport sponsor or any transferee for a purpose for which Federal asslstance Is _nded, or for
another purpose .lnvolYing the provision of slmlar serviats or benefits or (b) the period <bing which
the airpQrt sponsor or any transferee retains ownership or possession of the property. In the case of
conlraclors, this provision binds the contractors from the bid solicitation partod through the completion
oftha contract. This provision Is inaddlttonto that required of TIlle VI of the eMI RIghts Act of 1964.
ADDlk:atIon
Il1COI'Porate in all contracIB funded under AlP
R.,.....ce
AIrport and AIrway Improvement Act of 1982, SacIIon 520
TIUe 49 41123
AC 15015100-15, Para. 1O.c.
EXHIBIT B-4
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shaH be paid, by or on behalf of the contractor, to any person for
influencing or allempfing to Influence an officer or employee of any agency, a Member of Congress, an
offtcer or employee of Congress, or an employee of a Member of Congress in connection with the making
of any Federal grant and the amendment or modllication of any Federal grant
(2) If any funds other than Federal appropriated funds have been paid or will be paid 10 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 Congess In conneclfon with any
Federal grant, the contractor shaft complete and submit Standard Form-LLL, 'Disclosure of Lobby
ActIvities,' In aocordance with Its Inslructlons.
ADDlII"....,.n
Required In all contracts and subcontracts
Ref8nmce
49 CFR Part 20, Appendix A
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EXHIBIT B-5
ACCESS TO RECORDS AND REPORTS
The Contractor shall maintain an acoeptablecost aooountlng system. The ConlJactor "IlreBS to provfde
the Sponsor. the Federal Aviation Administration end the Comptroller General of the United Slates or any
of Ihelr duly authorized representallves access to any books, documents, papers, and records of the
contractor which Ml directly pertinent to tha specific conlJact for the purpose of making audit,
examination, exoerpta and lJanscrlplions. Tha Contractor agrees to maintain all books, records and
reporls required under this conlJact for a period of not less than three years after final payment Is made
and all pending mailers are closed.
ADBllcatfon
Incorporate into all procuremant contracts that funded by AlP funds
R~
49 CFR Part 18.36(1)
FAA Order 6100.38
EXHlBIT B-6
OISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (128.13) - The conllactor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex In the performanoe of this contract. The conlractor shall cany out
applicable requirements of 49 CFR Parl26 In tha award and administration of DOT assisted contracts.
Failure by lhe conlraclor 10 cany out these requirements Is a material breach of this conlract. which may
resuk In the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (126.29) - The prime contractor alT88s to pay each subcontractor under IIlls prime
conlracl for sallsfaclory pelfonnance of ks COnIract no later than [specify number] days from the receipt
of each payment the prima oonlraclor receives from [Name of reclpIMfJ. The prlmeconlraclor agrees
furlher to return retalnage payments to each subcontractor wIIh/n [specify lIle same number as abova)
days after the subcontractor's work Is &atlsr~ Ily oomplated. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following wrItIen approval of the
[Name of Reclp/enfJ. This clause applies to boIh DBE and non-OBE subcontreclors.
NlDII_n
The 00nIract assurance clause shall be Incorporated verbatim. The prompt payment clause represents
sample language that meats the raqulremenls of 49 CFR Parl 26.29. Recipients should refer to the
language Included their approved DBE program
Refenmcs
49 CFR Parl26
EXHIBIT B-7
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply With mandatory standards and poUcies relating to energy efficiency that
are contained in the slate energy conservation plan issued In compliance With the Energy Po/icy and
Cons8lVatlon Act (Public Law 94-163)
ADDIIC8Ilon
The regulation does not prescribe the lenguage for the requirement. The above clause represents sample
language that meets the Intent of 49 CFR Part 18.36{i)(13)
Reference
49 CFR Part 18.36
Public Law 94-163
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EXHIBIT B-8
8REACtf OF CONTRACT TERMs
Any vlolallon or breach of tenns of this contract on the part of the conllactor or theJr subcontractors may
result In the suspension or lermlnellon of this contract or suol1 other action that may be necassary to
enforce the rights of the parllas of this agreement The duties and obligations Imposed by /he Contract
Ooouments and the rights and remedies available thereunder shall be In addftlon to and nol a Iimftallon of
any duties, otiIlgallons. rights and remedies oIherwtse tmposed or available by law.
ADalfC8tfon
The FAA does not prescrIbe /he exactlanguege to be Incorporated. The above clauss represents sample
language thai addresses the requirements of 49 CFR Part 18.36(1)(1). This P/OYlSIon requires grantees to
illCOlpOl'ate edmlnl8tratlve. conlraclual or IagaJ remedlas In Instsncas where conlraclors violate or breach
contracll8nns. Grantees should consufl wl/h thelr legal counsel to dewIop the appropriate clause thaI
meats the minimum requirements of 49 eFR Part 18.36.
This proulslon Is requlnsd In aU contracts thai exoead the simplified acqulslllon threshold, presenDy sat al
$100,000.
Refarenaa
49 CFR Part 18.36
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See Article 14 of the Agreement between County and Construction Manager and form of
subcontract for exact language.
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EXHIBIT B-9
'RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract ans subject to regulations issued by
the FAA and the Sponsor of the Federal grant under which this contract Ie executed.
ADDllcation
Incorporate Inlo all procurement contracts that funded by AlP funds
RlIflInnce
49 CFR Pert 18.36(1)(8)
FAA Order 5100.38
EXHlliIT 8-10
TRADE RESTRICTION CLAUSE
a. Is not owned or confrolled by one or more citizens of a foreign country included In the list
of countries that discriminate against U.s. lims published by the Ollioe of the United States
Trade Representatlv& (USTR);
The oonlraclor or subcontractor, by submission of an offer and/or execution of a confract, oerllfies that ~:
b. has not knowingly entered Into any contract or subcontract for this project with a person
that Is a citizen or national of a foreign country on said list, or Is owned or controlled directly
or IndirecUy by one or mora citizens or nationals of a foreign country on said list;
c. has not procured any product nor subcontracted for the sUpply of any product for use on
the project that Is produced In a forelgn country on sald IIsl
Ureaa the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contrect 8haH be awarded to a contractor or suboonlraclor who la unable to oertfy to the
aOOIl&. If the contractor knowingly procures or subconlracls for the 8upp1y of any product or 89fVioe of a
foreign country on aald list for use on the project, the Federal Aviation Admlnistratlon may direct through
the Sponsor canoe/latlon of the Contract at no cost to the Government.
Further, the contractor agrees that, If awarded a contract resulting from this solicitation, It will incorporate
this provision for certIfioellon without modlflcatfon in each contract and in aIllowar tier subcontracts. The
contractor may raly on lhe cerliftcallon of a prospectlve suboontrector unless ~ has knowledga that the
certiflcatlon Is enonaous.
The contractor shall provide immedfate wrltten natlca 10 the sponsor If the conlraclor Ieams that ~
cerIffIcation or that of a subcontrector was erroneous when submllled or has become erroneous by
reason of changad ctrcum8lances. The suboonlraclor agrees to provide written notice to the contractor If
at any time ~ learns that ~ certifICation was enol19OU8 by reason of chengad circumstances.
This certffIcatfon is a ma\erlal representation d fact upon which rallance was placed when making the
award. If it Is later determined that the contractor or subcontractor knowingly rendered an erroneous
certification. the Federal Aviation Administration may direct through the Sponsor cancellation of the
conlract or subcontract for default at no. cost to the Government.
Nothing contaJned In the foregoing shall be construed to require &slabllalvnent of a system of records In
order to rander, In good faith, the certiflcalion required by this provision. The knowIedga and Information
of a conlractor is not required to exceed that which Is normally possessed by a prudent person In tha
ordinary course of business dealings.
This cerllfIcation concerns a matter within the jurisdiction of an agancy of the United States of America
and the makfng of a fal8e, flctftfoua, or fraudu/ent cerllficallon may render the maker subject to
Proaecu1lon under Tille 18, U~ed Slates Code. Section 1001.
AoalIClIIIIon
Incorporate Into all contracts funded by AlP.
Reference
49 CFR Part 30.13
FAA Older 5100.38
EXHIBIT B- II
VETERAN'S PREFERENCE
In the employment of labor (except In executive, admlnlstrallve, and supervl80ly positions), preferenoa
shall be given to Veterans of the Vietnam era and disabled veterans as dalined In Section 515(c){1)and
(2) of the Airport and Airway Improvemant Act of 1982. HolM9ver, this preference shall apply only where
the IndMduels are available and qualified to perfonn the work to which the employment relates..
ADDllcatlon
Incorporate Into all construction contracls financed under the AlP program.
RllBI'8I1C8
Tille 49 U.S.C. 47112(c)
AdvIsory Circular 15015100-&1
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EXHIBIT B-12
DAVIS BACON REQUIREMENTS
1. Minimum Wages
(I) All laborers and mechanics employed or working upon the stie of the work will be paid
unconditionally and not less often than onoo a week, and wlthout subsequent deduction or
rebate on any account (except such payroll deduotlons as are permitted by the Secretary of
Labor under the Cope/and 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 atlached
hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exlst between the contractor and such laborers and mechanics.
Conlrlbutions made or cos18 reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davf&.&con 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 conlrlbutions made or cos18 Incurred for more than a weekly period
(but not Iaes ofIan than quarterly) under plans, funds, or programs which cover the particular
weekly pelfod, are deemed to be conatructiwtly made or incurred dlM'ing such weekly period.
Such laborers and mechanics shatt be paid tha appropriate wage rate and fJ1nge benafIts on
the wage delermlnatlon for thedasslllcation of wort< actually performed, without regard to
skID, except as provided In 29 CFR Part 5.5(a)(4). Laborers or mechanics performIng wort< in
more than one c1asslllcation may be oom~ at the rate specified for each classification
for the line ecIuaIly worked therein: Provfd8d, That the employer's P8)'I'OI record. accurately
set forth the Ume spant In each daasln....u..n In which work Is performed. The wage
dell!lmlnatlon (lndudlng any additional c1asslllcatlon and wage. rates conformed under (1 )(11)
of this section) and the Davls-Baoon poster (WH-1321) shal be posted at all times by the
contractor and 118 subcontraclonl at the stte of the work In a prominent and accessible place
where ti can easily be seen by the worI<ers.
(il)(A) The contnsctIng officer shall require that any class of Iaborels or mechanics, Including
halpers, which Is notllatad In the wage determination and which Is to be employed under the
contract shall be classlfted In conformance with the wage determination. The conlraclfng
officer shaH approve an additional cIassilicatIon and wage rate and fringe benefits therefore
only when the following crlterla have been mat:
(1) The work to be performed by the classification requested Is not performed by
a c1asslflcallon In the wage determInation; and
(2) The c1asslflcallon is utilized In the area by the construcHon Industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
reIaUon8hlp to the wage rales cOnIained In the wage determlnallon.
(8) If the COIlbtdut and the laborers and mechanics to be employed In the c1assillcatlon (If
koown), or their raprasenlatlve8, and tha conIraclIng oIIIcer agree on the classllicatlon and
wage rate (including the amount cIeslgneted for fJ1nge benefits where approprlate), a report of
the action taken shaH be sent by the conIraclIng Qlflcer to the Admlnlslnltor of the Wage and
Hour DIvI8/on, Employment Standards Administration, U.S. Department of labor,
Washington, D.C. 20210. The AdmlnistlBtor, or an authorized raprasenlatlve, will approve,
modify, or disapprove every addlllonal Classification action within 30 days of receipt and so
advise the contracting officer or wiD notify the contraclJng officer within the 3O-day periOd that
addlllonal Ume 18 necessary. .
(C) In the event the contractor, the laborers or mechanics to be employed In the
c1ass1ication or their represenlallves, and the conlracting offlcer do not agree on the
proposed classlftcatlon and wage rate (including the amount designated forfringe benefits
where appropriate), the conlractlng officer shall refer the questions, including the views of all
Interested parties and the recommendation of the contracllng oIllcer, to the Administrator for
determination. The Administrator, or an authorized representative, will Issue a determination
within 30 days of recelpt and so advise the contraCting officer or wIU notify the contracting
offJ08r within the 3O-day parlod that addllional Ume Is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1 )(ii) (B) or (e) of this paragraph, shall be paid to all workers performing worll
'in the classification under this contract from the first dey on which work Is perfonned In the
classification.
(I/Q Whenever the mlnlmum 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 efthar pay the benefit as stated In the wage detarmlnatlon or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(Iv) If the contractor does not make payments 10 a trustee or other third person, the contractor
mey consider as pert of the wages of eny leborer or mechanic the amount of any costs
nsasonablyantlclpated In providing bona fide fringe benefits under a plan or program,
Provided, That the Secretary of Labor has found, upon the written req.- of the contractor,
that the appIcable standards of the Davls-Bacon Act have been met. The Secretary of Labor
may requll8lhe contractor to set aside In e separate account assets for the meeUng of
oblfgatioos under the plan or~.
2 Wfthholdlng.
The Federal Aviation Admlnistretlon or the Sponsor shaH upon fts own action or upon wrltIen request
of an authorized representative of the Department of Labor wfthhold or cause to be withheld from the
contractor under this contract or any other Federal contract wfth the same prime contractor, or any
other FederaI(v-slsted COI ,b "'" subject to Davld-Bacon prevailing wage flIQIJhmenls, which Is held
by the same prime contractor, so much of the accrued payments or advances as may be consldered
n~ to pay laborers and mechanics, Including apprentices, traI~ and helpers, employed by
the contractor or any subcontractor the fuD amount of wages required by the contract. In the event of
failure to pay any laJ?orer or mechanic:, including any apprenllca, trainee, or helper, employed or
working 00 the sfte of work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after wrfttan noIIca to the contractor, sponsor, appllcanl. or owner, take such
acUon 88 may be necessary 10 C8lIlIB the suspension of any further payment. edvance, or guarantee
offunds until such violations have oaased.
3. Payrolls and basic records.
(I) Payrolls and basic records """"ng thereto shall be maintained by the contractor during the
OOUf8e of the work and preserved for a period of three ye8nl thereafter for all laborers and
mechanics working at the sfte of the work. Such records shal contain the name, addre8s, and
social securfty number of each such worker, his or her correct c1ass/l1cat1on, hourly rates of
wages paid (Including rates of oonlributlons or costs antlclpatad for bona fide fringe benellts
orcash equivalents thereof of the types descrIled In 1(bX2XB) of the DavIa Bacon Act), delly
and weeIdy number of hours worked, decIuctIons made and actual wages paid. Wheo _ the
Semltary of Labor has found under 29 CFR 5.5(aX1 Xlv) that the wages of any laborar or
machanlc Include the amount of any costs reaaonebIy antfclpBted In providllll benefits under
a plan or program deserIbed In section 1(bX2XB) of tha Davia Bacon Act, the contractor 8haII
maintain IllCOrlIs which show lhal the commitment 10 provide BUCh benefits Is enfon:aable,
that the plan or program Is ftl&'lClally retlponslble, and thai the plan or program has been
communicated In wrltIng 10 the iaborars or mechanics aIfected, and records which show tha
costs antlclpated or the BCklaI costs IJ1CUITBd.ln providing such beneIIts. Contractors
employing apprenllces or tralnS88 under approved programs shall maintain written avldanca
of the regIstraUon of appranllceahlp programs and 0l!I ti""""on of trainee programs, tha
ragIslralIon of the apprantlcas and trainees, and the ratios and wags rates prascrIbed In the
applicable programs.
QI)(A) The contractor shall submft weekly, for each week In which any contract work Is
performed, a copy of all payrolls 10 the appUcsnt, sponsor, or oWner, as the C8BB may be, for
transmission 10 the Federal Aviation Administration. The payrolls submlted shall set out
lIClClA'l1lely and comp/etaly ell of the InI'ormatIon required 10 be maintained under paragraph
5.5(aX3XQ above. ThIs Information may be submitted In any form desired. OptIonal Fohn
WH-3471s available for this purpose and may be purohased from the Suparlntandent of
Documents (Federal Stock Number 029-IJ05.00014-1), U.S. Government PrInting OfIIce,
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Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of
the persons emPloyed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the Information required to be
maintained under paragraph (3)(i) above and that such Information is corract and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
dBducllons have been made either directly or Indlreclly from tha full wages
earned, other than permissible deducJlons as set forth In Regulations 29 CFR
ParI 3;
(3) That each laborer or mechanic has been paid nolless than the applicable
wage rates and fI1nge benefIIs or cash equivalents for the classification of work
performed, as speclflad In the applicable wage determlnallon IIlCOI'poraled Into
the contract.
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(C) The weekly submission of a properly mcecuted certlllcation set forth on the reverse side
of Optional Form WH-347 shal satisfy II1e requirement for submission of II1e "Statement of
Compliance" required by paragraph (3){i)(B) of this secIIon.
(D) The fals1flcation of any of the above cerlflcallons may subject the oontractor or
subcontractor to civil or criminal prosecuflon under Secllon 1001 of TIde 18 and Sectfon 231
of TIde 31 of the UnJled Stales Codll-
(iii) The contractor or subcontractor shaA make II1e records required under paragraph (3)(1) of
this secIIon avalable for Inspecllon, copying or transcription by authorized representatives of
the Sponsor, the Federal Aviation AdmlnlstraUon or the Department of Labor, and shell permit
such representallves to interview employees d..-fng worldng hotBS on the job. If the
oontracIor or subcontraclDr tals to submit the required records or to make them available, the
Federal agency may, afIer ....iIlen notloe to the oontracIor, sponsor, applicant or owner, take
such acIIon as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furihennora, faOura to submlthe required reoords upon request or to
make such records available may be grounds for debarment action pursuentto 2Q CFR 5.12.
4. Apprentices and Trainees.
(I) Apprenlices. Apprentices will be permllled to work at 1888 than II1e pradatermined rate for
the work they performed when they are employed pursuant to and Indlviduslly registered In a
bona fide apprenticashlp program regIatered with the U.S. Department of Labor, Employment
and Training Admlnlslrallon, IIureeu of Apprenticeship and TraIning, or with a State
Appl'8llliceship Agency recognized by the Bureau, or if a person Is employed In his or her tIrst
90 days of proballonaly employment as an apprentloe in such an apprantloeshlp program,
who Is not IndMdudy registered In the program, but who has been certified by the BlnfIu of
Apprenliceshlp and Training or a State ApprenIiceshlp Agency (where appropriate) to be
e1l9b1e for probationary employment as an apprenlica. The alowable ratio of apprentices to
journeymen on the job site In any aaft dasslflcation shaH not be greater than the ratio
permitted to the contractor as to the entire work force under the registered JlrOlJBm. Any
worker listed on a payroA at an epprentica wage rate, Who Is not registered or OtherwIse
employed as alated above, shall be paid not less than the applicable wage rate on the wage
datermlnatlon for the classiflcallon of work actuaRy performed. In eddllon, any apprentice
perfonnlng work on the job site In lIlCCeSS of the raIfo permllled under the regialered program
sh81 be paid not less than tha applicab/e wage rate on the wage delennlnation for the Wllfk
actually performed. Where a contractor Is performing conslructlon on a project In a locality
other than thelln which Its program Is raglstered, the ratios and wage rates (expressed In
percentages of the journeyman's hourly rate) specified In the contraclor's or subcontractor's
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registered program shall be observed. Every apprentice must be paid at not less than the rate
specifted 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 shaD be paid fringe benefits in acoordance with the provisions of the
apprenticeship program. If the apprenticeship program does not speclfy fringe beneftts,
apprentices must be paid the full amount of fringe benefIIs listed on lite wage determination
for Ihe applicable dassiflcation. If the Administrator detennlnas that a different practice
p<evaBs for the appllcable apprentice dasslflcation, fringes shall be paid In acrordance with
that determination. In the event the Bureau of Apprenticeship and Training, or a Stete
ApprnntIceshlp Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, Ihe contractor will no longer be pannltted to utilize apprentices at less than the
applicable predetermined rate for the work perfonnad until an acceptable program Is
approved.
(ii) T18o--s. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rata for Ihe work performed unIeas they are employed PUl'llUSnt to
and IndMdualiy registered in a program which has reoaivad prior approval, lIVIdenced by
formal ce.UIIcaIk.n by the U.S. Department of Labor, Employment and Training
Administration. The ratio of traln8ll8 to journeymen on the job site shaD not be greater than
permitted under the plan approved by Ihe Employmant and Training Administration. Every
trainee must be paid at not less than the rate speclfted in the approved program for lha
traInee's Ievai of progress. exprassad as a pllIalIlIaga of lha journeyman houJfy rate
specIIIed in the applicable wage determination. Trainees shall be paid fringe bene1Ita In
accordance with the provisions of the trainee program. If the trainee program does not
mention frlnge benefits, train8lI8 shaR be paid lha full amount of frlnga banilflts.listed on the
wage determination uniess the Administrator of lha Weqa and "'our Division determines that
there Is an apprenticeship program assocIaIed with the COI1'8llIlOf1ding joumeymanwage rate
-on the wage determlnalion which provides for less than full frlnge benefits for apprentiCes.
Any employee listed on the payroll at a trainee rate who Is not registered and parlIoIpalIng In
a training plan approved by the Employment and T181nlng Adminl8tratfon shaR be ps/d not
less than the applicable wage 18te on lha wage de1enn1nallon for Ihe dasaltlcalion ofwork
aduaily performed. In eddillon. any trainee perfonning work on the Job aile In ex<:ess of the
ratio permitted under the regIaterad program shaD be paid not less than the applicable wage
rate on lha wage determination for the work aclually perfonned. In the event the Employment
and Training Admlni8tratlon wlthdraws approval of a training p1lllJ'llRl, the CO! " ....'lor wi! no
longer be pennIIted to utDlZe traln8lI8 at less than lha appIIceble predelermlned rate for lha
work perfonned untD en accepIabiIe program Is approved.
(ID) Equal Employment Opportunity. The utilization of apprentiCes, traln8ll8 and journeymen
under this part shaD be in conformity with lha equal employment opporlunlty requirements of
ExecutilIe Order 11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act RequIrements.
The contrac:tor shell comply with the requirementS of 29 CFR Part 3, which era IIlCOl pIlIated by
rafenmce In this contract.
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A Ilnlach 01 lite ""lltrad dauses 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
CFR5.12.
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6. Subooub ....18.
The contrac:tor or subcontractor shall Insert in any subcontracts the clauses conlalned In 29 CFR Part
5.5(aX1) through (10) and such other dauses as the Federal AvlaUon Adminlstrallon may by
appropIlaIe InatrucIlons require, end also a dause requlllng the subCOl,ba.Auoe to Indude the8e
dauses In any lower tier subcontracts. The prime COI ,b actor shaA be responslble for the compliance
by any subcontractor or lower IIer subcontractor with all the oontrad dauses In 29 CFR Part 5.5.
7. Contract Termination: Debannanl
8. Compliance With Davls-Bacon and Related Act Requirements.
All rulings and interpretattons of the Davis-Bacon and Relaled Acts contained In 29 CFR Parts 1, 3,
and 5 are herein incorporated by reference In this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shaR not be subject to the
general diSputes clause of this contracl 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 belween the contractor (or any of lis subcontractors) and the
COntrSctlng agency, the U.S. Department of Labor, or the emplo~s or their represenlattves.
10. CertifIcatton of Eligibility.
(I) By entering into this contract, the contractor certifies that neither ft (nor he or she) nor any
pet800 or firm who has an Interest in the conlraclor'a firm is a person or firm Ineligible to be
awarded Government contracts by virtue of section 3(e) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(II) No part of this contract shall be subconlractad to any parson 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).
(ib) The penally for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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Incorporate Into all construcllon contracts and subcontracts that exceed $2,000 and are financed under
the AlP progmm.
Rsfenmce .
29 CFR Part 5.5
Advisory Circular 150/5100-6d
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EXHIBIT B-13
EQUAL EMPLOYMENT OPPORTUNITY. 41 CfR PART 6O-1.4(b)
During !he performance of this conlracl, the contractor agrees 88 follows:
1. The contractor will not discriminate agalnst any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor wlllake affinnallve acUon 10 ensure that
appJicanls are employed, and that employees are treated during employment wilhout regard to their race,
.color, religion, sex, or naUonal origin. Such action shall Include, but not be limited to the follOwing:
Employment, upgrading, demotion, or transfer; recruitment or recruitment adverUslng; layoff or
termlnaUon; rates of pay or other forms of oompensaUon; and selection for training, including
apprenticeship. The contractor agrees to post In conspicuous places, avaDable to employees and
appllcanls for employment, nollces to be provided setting forth the provisions of !his nondlsa1mineUon
clause.
2. The contractor will, In aD 8011cifalk.18 or adver6semenls for employees placed by or on behalf of the
. contractor, slate that aD qual/fted applicants will receive oonslderaUons for emp/<lymant without regard 10
race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or repraeentaUve of workens WIth whlch 8II1a has a
coIecUve bargaining agreement or other oontract.or understandlng, a nollce to be provfded advt8ll1g the
said labor union or workens' repraeentsllves of the Cu..b....t\,,"$ commltmenl8 under !his section. and shall
post copies of the notice In conSpicuous places avaIabIe to employees and eppllcants for emp~
4. The contractor wll comply wflh all provisions of EXecuUve Order 11246 of September 24, 1965, as
amended, and of the rules, regulations. and ralevant orders of the Secretary of Labor.
5. The contractor wll furnish aD Informatlon and reporls required by Exeoutlva Order 11246 of SeptBmber
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant therato, and wll
pennll access to his books, I'BCOIds, and accounts by the edmlnlstering agency _ the Secratary of
labor for purposes of Investigation 10 ascertain compliance with such rules, regulaUons. and orders.
6. In the event of the contractor's nonoompllance with the nondiscrimination cJauses of this conlract or
with any of the said rules, regulaUons, or orders, lhis contract may be canoeled, terminated or suspended
In whole or In part and the contractor may be declared ineligible for further Government co. "'_ or
federally assisted oonslnlction contracts in acoordance wflh procedure authcrlzed in ~ Order
112460f September 24, 1965, and such other sanctlons may be Imposed and remedies Invoked as
provided In ExecutIve Order 11246 of Sepbember 24, 1965, or by rule, regulation, or order of the
Sea-atary of Labor, or 88 otherwise provided by law.
l. The oontractor will include the porUon of the sentence immedialely preceding Jl!Iragraph (1) and the
provisions of paragraphs (1) through (7) In every suboontract or purchase order unless exempted by
rules, regulattons, or orders of the Secretary of labor Issued pursuant to section 204 of ExacuUva Order
11246 of September 24. 1965, 80 that such provisions WID be binding upon each subcontractor or vandor.
The contractor WID lake such acIlon with I'88peot to any suboontracl or purchase order as the
admfnlslering agency may direct as a means of anforclng such provision, including sanclfons for
nonoompllance: ProvIded, m-wr, that In the event a oonlractor becomee ImIoNed In, or Is lhreabened
wflh, IIIIgatton wflh a suboonlractor or vendor as a resuJt of such dlrecUon by the admlnlet8rlng agency the
contrecIor may request the United Slates to enter ilto such IItigaUon to protect the Interesls of the UnMed
Slates.
ADDllc8tIon
Incorporate in ell construction contracts and subcontracts that exceed $10,000
RefManca
ExeculIve Order 11246
41 CFR Part 60-1.4
AC 15015100-15, Para. 22.a.
EXHIBIT B-14
CeRTIFICATION OF NONSEGREGATED FAClLmes _ 41 CFR PART 60-1.8
Notice to Prospective Federally Assisted Construction Contractors
1. A Certification of Non-illlgregated Facilities shall be submitted prior to the award of a federaUy-
assisted oonstructlon oontract exceeding $10,000 which Is not exempt from the prolllslons of the
Equal Opportunity Clause.
2. Conlraclors recellllng federally-asslsted oonslroo1ion oontract awards exceeding $10,000 which are
not exampt from the provisions of the Equal Opportunity Clause will be required to provide for the
forwarding of thefollowlng notice to prospecl/ve subcontractors for supplies and oonStructlon
contracts where the subcontracls exceed $10,000 and are not exempt from the Provisions of the
Equal Opportunity Clause. NOTE: The penalty for making false statements in offers Is presaibed in
18 U.S.C. 1001.
Notice to Prospective Subcontnlctors of Requlremenl8 for CertJflcalJon of NonoSegregated
FacllIIIes
1. A CerllfIcation of NOI'Hl8gregated Facilities shaD be submilted prior to the award of a subcontract
exceeding $10,000, which Is not eXempt from the provisions of the Equal Opportunity Clause.
2. Contractors receMng subconlract awards exceeding $10,000 which are not exampt from the
provisions of the Equal Opportunity Clause WlI be i'equirild to provide for the forwarding of this natlce
to PRlSpecl/ve subcontractors for supplies and oonslructlon oontracts where the subcontracts exceed
$10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The
penaltyfor maklng falseslalements In offers Is prescrjbed In 18 U.S.C. 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-asslsted construction conlraclor certlIles that she or ha does not maintain or provide, for his
emp/~, any segregated faclllUes at any of his eslabIlshmenla and that she or he does not permit his
employees to perform their 88nIIces at any location, under his control, where &egregsled factities are
maintained. The federeHy-ass1sted oonstructIon contractor certifies that she or he WIll not maintain Or
provide, for his amployees, &egregaIed facflllles at any of his esI:ablIshmenla and that aha or he ,will not
permit his employees to perform IhaIr 88nIIces al any Jocation under his control where segregated ',"
factllles are maintained. The federaly-asslated oonstructIon CQf1\ractor agrees that a breach of this
cei1mcatlon Is a vIoIaIlon of the Equal Opportunity Clause In this oonlract.
As USed In this cerllficallon, the term "segregated facllll1es" mssns any wailing rooms, work areas,
restrooms, and washrooms. restaurants and other eaIlng areas, tlmeclocks, locker rooms and other
storage or dressing areas, perldng lots. drinking fountains, recreation or entertainment areas,
Iral'lllpOl'tal/on, and housing facIJtJes provided for employees which are ~ by expl/cft dlrecllves
or are, In fact. segregated on tha basis 01 race. color, religion, or national origin because of habit, local
custom, or any other reason. The federa/ly-ass/sled construction oontractor ___that (except where
she or ha ,.. obtained Identical cettlfIoations from piopoaed subcontractors for 8p8C/fjc lime perfoda) sha
or he wi oblsln ldenlfcal c:erIIIIcatIons from proposed sUboon!racklrs prlorto the award of subconlraota
8XceedJng $10,000 which are not exempt from the pro\IIa/ons of the !;qual Opportunity Clause and that
she or he WIll retain such certlflcatIons In his fles.
ADDllc&flnn
Incorporate In all construct/on contracts and suboonlracls that 9XIl&ed $10,000. The notices 8hould be
placed wIIhln the sollcltallon for proposals. The actual certJflcatlon should be inoorporated In the contract
agreement.
Referen~
ExecutJveOrder 11246
41 CFRPart60-1.8
AC 15015100-15. Para. 22.b.
EXHIBIT B-15
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION. 41 CFR PART 80-2
1. The Offeror's or Bidder's allention is called to the "Equal Opportunly Clause" and the .Standard
Federal Equal Employment Opportunity Construction Confract Speclflcallons. set forth herein.
2. The goals and Umetables for minority and female participation, expressed in pereanlaQe terms for the
conlraclo~s aggregate worId'orce In aach trade on all construction work in the covered area, are as
foUows:
TImetables
Goals for minority participation for each trade
Goals for female participation in each trade
(Vol. 45 Federal Register pg. 659841013lBO)
(6.9%)
These goa/s are applicable to all the conlraclor's consfrucllon work (whalher or not Ills Federal or
federal~) performed In the COvered aaa. If the contractor peffonns consb'ucllon work In a
geographical area located outside of the COvered area, It shall apply the goals eslabIlshed for such
!l8OIJ'8phlca/ area where the work Is actually performed. With regard to this second area. the conlractor
also Is subject to the goals for both Its Faderelly Involved and norHaderally Involved construclIon.
The confraclor's compl/ance wtth the Execuuve Order and the regulations in 41 CFR Part 60-4 shall be
based on lIB ImpJemen1allon of Ihe Equal Opportunity Clause, speclftc affirmative action obligations
required by the speciflc8tlons sat forth in 41 CFR 6O-4.3(a), and Its eIforls to meet the goals. The hours of
mlnortty and female employment and lra/n1ng shall be subslanlla/ly uniform throughout the length of the
con1raCt, and In each trade, and the COn/ractor shall make a good faith effort to emplOy mlnortUes and
women evenly on each. of Its projects. The transfer of minority or female employees or lrafnees from
conlraclor to confraclor or from project to project, for the sole purpose of meellng the conlraclor'a goals,
shall be a Ylolatlon of the conlracl, the Execuuve Order, and the regulaUons In 41 CFR Part 60-4.
Compftance wtth the goals will be measured agatnst the lolal work hours performed.
3. The contractor shall proYlde written nollficalion to the Director, OFCCP, wtthln 10 working days of
award of any construction subconlraclln excess of $10,000 at any lIer for conslructlon work under the
contract resulting from this solicftallon. The notification shaD list the name, address, and lll/ephone
number of the SUbcontractor; employer- idantlllcalion number of the suboonlractor; esttmated dollar
amount of the subcontJact; esllmaled atarUng and complaUon dales of subco. ,b.,.;t; and the geographical
area In which the subconfractls to be performed.
4. As used In this noUos and In the contract resulting from this solIcilatIon, the .covered area" Is PhBert
descrlptJon of the geographIcal areas where the conlraclls to be performed giving the Blale, county, and
clty, lfany).
ADDlIClltJon
Incorporate In all construcllon contracts and subcontracts that exoead $10,000. ThIs notfoe should be
pIaoed wllhln tile sollclfaUon for proposals. The goals for minority partfcfpatIon are dependent upon lhe
Ecooomlc Area (EA) and Standard MallopoIllan Sfatfsllcal Ares (SMSA). Refer to Volume 45 of the
Federal RegIster daled 1013/80. Page 65984 contaJns a labia listed aU EA and SMSA and their
associated minority goals. The 6.9% forfemale participation represents a natfonal!J(lal.
R8ferenC8
ExecuUve Order 11246
41 CFRParts60-4
AC 15015100-15, Para. 22.c.
EXHIBIT B-16
STANDARD FEDERAL EQUAL eMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS - 41 CFR Part 60.4.3
1. As used in these specifications:
a. "Co\l8red area" means the geographical area described In the solicitation from which this
cannel resulted;
b. "DIrector" means Director, Offlce of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any parson to whom the Diractor de/agates authority;
c. "Employer Identlllcation number" means the Faderalsocial security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes;
(1) Black (all) parsons having origins In any of the Black AfrIcan. racial groups not of
HIspanic origin); .
(2) Hispanic (an persons of MElldcan, Puerto RIcan, Cuban, Central or South American,
or other Spanish aI/lure or origin iegaro(ess of race);
(3) Asian and Pacific Islander (all parsons having origins in any of the original peoples of
the Far East, Southeast Asia, thlllndlan Subcontlnen~ or the PacUlc Islands); and
(4) Amarlcan indian or Alaskan native (all parsons having orIgiris in any of the original
peoples of North Amarlca and maintaining Idtlnllflable tribal affIIlationSlhrough
membership and participation or community identification).
2. Whenever the contractor, or any subcontraclor at any tier, subcontracts a porUon of the work involving
any construCUon trade, It shalf physlcaHy Includa in each suboontract in excess 01 $10,000 the provisions
01 these speclllcatlons and the Notica whfch conlains the appUcable goals for mlnonty and tamale
partlcjpatlon end which Is set forth In the soIklItatIons from which this contract resulted.
3. If the contractor is partJclpating (pursuant 10 41 CFR 60-4.5) In a Home~ P1en approli8d by IheU.S.
Department of Labor In the COV8l'8d 8188 elthar Individually or through an assocIaUon, Its afIInnetlva _
action obIIgatJons on aU work.1n the Plan area (Including goa/s and tImefables) shall be in accordance wtth
lhl;rt Plan for those trades which have unions partJclpaUng in the Plan. ConlraclDr8 shaH be able to
demonetrsta their parlIcIpaflon'ln and compliance wtth the provisions 01 any such Hometown Plan. Each
contractor or suboontractor par1lclpal/ng In an approll8d plan Is IndIvIdualy required to comply wtth Its
obligations under the EEO clause and to make a good talth aIfort 10 achieve aaoh goal under the Plan In
each trade In whfch It has emplojloaes. The overaU good faith parfurmanca by other contractors or
subconlrackJrs toward a goal In an 8ppR)Ved Plsn does not _88 any covered conIraclor's or
subco.lb ........... fallun! to fake good faith etforls 10 lIChIeve the Plan goals and t1melables.
4. The contractor ahan Implement the apeclfk: afIIrmallve action sfandards provided In paI'lI!J'aphs 18.7a
lhroug!18.1p oIthaea s~Uons. The goats aetforth In the soIIcitaUon from whlch Chis contract
resulted are 8JCpnIssed as percentages 01 the total hours of employment and tralnklg of minority and
tamale ulllzalion the contractor sliould reasonably be libIe 10 achieve In each construction trade In which
It has employees In the COVered area. Covered construction conlraclot's performing consfruclion work in a
geographical area where they do not have a Faderal or federalty asaIstad cona1ruction contract shall
apply the minority andfamale goa/s established for the geographical area where the work Is baing
performed. Goals ere published parjodlcally In the Federal Register in notice form, and such notices may
be obtained from any Offlce 01 Federal Contract CompUanca Programs oIIlcIl or from Federal
procurement contraCUng officers. The contractor Is axpected to make subslantlally uniform progress in
maetfng Its goals In each a-aft during the period specified.
5. Nalther the provisions of any coIlact1ve bargaining agreement nor the faUure by a union wIIh whom the
contractor has a coilectJll8 bargaining agreement to raIar ellhar minorftles or woman shen excuse the
contractor's obllgaUons under these spacificaUons, ExecuUve Order 11246 or the regulations promulgated
purauant thereto.
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6. In order for the non-wori<ing training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees shall be employed by the contraotor 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 shail be lrained pursuant
to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific efIInnative actions to ensura equal employment opportunity. The
evaluation of the contracto(s compliance with these specifications shall be based upon lis effort to
achieve maximum results from Its actions. The contrector shall document these efforts ruDy and shall
implement afIlnmatlva action steps at least as extensive as the following:
a. Ensure and meinlllin a worklng environment free of harassment, Intimidation, and
COercIon at all slles, and In all facilities at which the contracto(s employees are assigned to
work. The contractor, where possJble, wiD assign two or more women to each construction
project. The contractor shall SPecifically ensure that all foremen, superintendents, and other
008119 supervisory personnel are aWW'll of and carry ouIthe contractor's obligation to
maintain such a working environment, with speclllc aIIentlon to minority or female individuals
worklng at such silas or in such facilities.
b. Establish end maintain a current list of minority and female recrullment sources, provide
wriIlen noIiIk:afImi to minority and femeJe reauilment sources and to community
organizations 1IItlen the conlractor or Its unions have employment oppor\unllles ava.abIe, and
maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and ielephone numbers of each minority
and female off-lh1Hlreel applicant and mlnortty or female referral from a union, a recruitment
source, or community organization and of what acllon was taken with respect to each such
Individual. If such individual was sent to the union hiring haD for refemll and was not referred
back to the conlraclor by the union or, If referred, not employed by the contractor, IhIs shaD
be documented In the file with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate wriIlen nolllcatlon to the Director when the union or unions WIlh which
the conlraclor has a collective bargaining ageemenl has not referred to the contracfDr a
minority person or female sent by the contractor, or when the conIraclor has other Wormation
that the union referral process has Impeded the contractol's efforts to ~ Its obIgat!ons.
e. Devalop on-the-job training opportunllles and'or partIoipate In tralnlng programs for the
area which expressly Include mlnorllles and women, InckJdlng Upgrading programs and
apprenliceshlp and trainee programs relevant to the contnactor's employment needs,
especlaUy those programs funded or approved by the Deparbnent of Labor. The contrector
shan provide oollce of these programs to the sources compiled under 7b above. .
f. DIsseminate the oontraclor's EEO polley by providing notice of the policy to unions and
lralnlng IJI'I91ImS and reqW8lfng their 0ll0peI'alI0n In assisting the conIraclor In lI1eaIIng lIB
EEO ob/JgaIIons; by Indudlng It In any pol/ey manual and coIecIIve bargaining &gr8e/!lent; by
pulJIlclzfng It In the oompany newspaper, annual report, etc.; by apectifc IIlVIew at the policy
WIth all managemem peI'SO/1flGl and WIlh all minority and female employees et least once 8
~r; end by poslfng the company EEO polley on bu.etIn boards IK> 1111b/.to all employees
et each locaUon where oonstnJction work Is performed.
g. RevIew, at Ieasl annually, the oompany's EEO polley and efIInnative action obligations
under these specifications with al employees having any responslbDltyfor hiring, assllJunent,
layoff, termination, or other employment decisions lnckJding spectilc navlew of these Items
WIth onsite SUpervisory par&oMel Such 8 supertntendents, general foremen, etc., prior to the
Initiation of oonsfructIon work et any job site. A wrtllen record shan be made and malnlelned
Idenlffylng the lime and place of these meeUngs, persons aIIandlng. subject matter
~sed, and d1sposlllon of the subject malter.
h. DIsseminate the contractor's EEO polley externally by including it in any advertising In the
news media, spectilcally including minority and female news media, and providing \WIllen
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nol/flC3t1on to and discussing the contractor's EEO polley with other contractors and
subcontractors wlIh whom the contractor does or anticipates doing business.
I. Direct Its recrunment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
reauftment and training organlzatfons s8lVlng the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the aoceptance of
applications for apprenticeship or other training by any recruitment souroe, the contractor
she. send wrnten nolllk:ation to organizations, such as the above, describing the openings,
saeening procedures, and tests to be used in the selectfon process.
j. Enoourage present minority and female employees to recruft other minority persons and
women and, where reasonable provide after school, summer, and vacatfon employment to
minority and female youth both on the alte and in other areas of a contractor's workforce.
k. Validate all tesls and other selectfon requirements where there is an obligation to do so
under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of aD minority and female
personnel, for promotional opportunlUes and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opporlunlUes.
m. Ensure that senlorny prac\jces, job classlficatlons, work assignments, and other
Jlfl/'8OI1rl8I practk:es do not have a discriminatory affect by continually monitoring all
Jlfl/'8OI1rl8I and employment related acllvlUee to ensure thai the EEO policy and the
contractor's obllgalions under these specifk:aUons are being carried out
n. Ensure thai all fecllUes and company activities are IlOIHlSgregated exoept that separate
or slngla user tolIat and nElCElllsary changing feclillas shaD be provided to assure privacy
. between the sexes.
o. Document and maintain a racord of all solicitations of offers for subcontracts 1i'om minority
and female construction contractors and suppliers, Including circulation of solicitations to
minority and female contractor assoclations and other business associations.
p. Conduct a review, alleast annually, of all supervisor's adherence to and performance
under the contractor's EEO PO/k:Ias and afIIrmatfve action obligations.
8. Contractors are enCOUraged 10 PlIrllclpate In voluntary assoclalions, which assfst In rulnlllng Ona or
more of their afIIrmallve actton Obligations (18.7a through 18.7p). The efforts of a contractor assoclatlon,
Joint conb ",,1>.0 union, contraclor community, or other similar groups of Which the conlraclor Is a member
and parIIcfpant, may be asserted as fulfilling any one or more of its obIigallons under 18.7a through 18.7p
of lheae IlplIClficatjoo provided thallhe oonlracIor ecIIvely perIiclpllles In the group, makes lMlIy efforI to
assure that the group has e poslUve Impecl on the employment of minorities end women In the Induab'y,
ensures 1hat the ooncrate benefits of the program EInI reflected In the CO! ,lracllll's minority end female
worlcforce partlcipallon, makes a good faIIh efforIlo meet italndMWaI goals and fImeIabIes, and can
provide SCC88S 10 documardalion which demonatrales the effectiveness of acIlons taken on behalf of the
contracto.'. The Obligation to comply, however, is.the contraclor's and failure of such a group to fulfil en
obligation shaM not be a datenas for lhe contraclor's nollCOO1p1ience.
9. A aingle goal for mlnorlUes and a S9pare1e singla goal for women have been established. The
contractor, however, is required to provide equal employmenl opportunity and to laka afftmatlve action
for all minority groups, both male end female, and ell women, both minority and non-mlnority.
ConsaquenIIy, if the particular group Is employed In a subslanllaRy dlsparete manner (for example, even
though the oontraclor has achieved ita goals for woman generally,) the contractor may be In vloIetion of
the Executive Order 1/ a spec/flc minority group of women Is underulllized.
10. The contractor shall not use the goals and Umelables or afIlrrnsllve ection alandards to discriminate
agamt any parson because of raoe, color, religion, sex, or nallonel origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred 1i'om
Government contracts pursuanllo Executive Order 11246.
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12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of
the Equal OPportunfty Clause, including suspension, tennination, and cancellation of existing
sulx:ontracts as may be Imposed or ordered pursuant to Executive Order 11246, as amended. and Its
Implementing regulations, by the Offlce of Federal Contract Compliance Pro!J'lllTlS. Any contractor who
falls to carry out such sanctions and penalties shall be In violation of these specifications and Executlve
Order 11246, as amended.
13. The contractor. In fulfilling its obHgaIions under these speclflcations, shaH Implement specific
affinnatlve action steps. at lesst as extensive as those standards pnlScrlbed in pensgraph 18.7 of these
specifications, 80 as to achieve maximum results from its efforts to ensure equal employment opportunfty.
If the contractor falls to comply with the requirements of the Executlve Order, the implementing
regulations, or these spec/ficat/ons. the Director shall proceed In accordance with 41 CFR 60-4.6.
14. The contractor shall designate a responsible oIlIclalto monftor aD employment related actlvfty to
ensure that the company EEO policy is baing carried out. to submit raports raIatIng to the provisions
hereof as may be required by the Government, and to keep records. Records shall at least Include for
each emplo~, the name, addl888, telaphone number, construction trade, unfon aflIIalfon if any,
am~ idenllllcation number when assigned, social security number, race, sex, status (a.g., mechanic,
appranllce, Ir8iMe. helper, or laborer), dates ar changes In status, hours worked per week in the
Indlcstad trade, rata of pay, and locations at which the work was perI'ormed. Records shall be maintained
In an easIy understandable and ralrievable form; '-var, to the degnsa that axIsIIng records satisfy this
1'IlqUkemenl, contractors shall not be required to maintain separate records.
15. NothIng herein provided shall be construed as a limitation upon the appllcaHon of other laws which
eslablish different standards ar complianca or upon the application ar requirements for the hiring of local
or other area realdenta (a.g., those under the Public Works Employment Ad. of 1977 and the Cornmunfty
Deveiopment Block Grant Program).
ADDI'catian
Incorporata In aD constnJctlon contracts and subconlracts that exceed $10,000. This provision shall be
included In the so/lcllation and the contract agreement
Referanca
Executlve Order 11246
41 CFR Parts 60-4.3
AC 15015100-15. Para. 22.c.
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EXHIBIT B-1?
TERMINATION OF CONTRACT
a. The Sponsor may, by written nollce, terminate this contract In whole or In part at any time, either
for the Sponsor's convenience or .because of failure to fulfill the contract obligations. Upon receipt of
such notlce services shall be immediately d1sconllnUS<f (unless the notlce directs otherwise) and all
materlale as mey have been accumulated In performing thls contract, whether completed or in
progress, delivered to the Sponsor.
b. If the termination Is for the convenience of the Sponsor. an equitable adjustment In the contract
price shall be made, but no amount shall be allowed for anl/cfpated profll on unperformed services.
c. If the termination Is due to faUure to fulfill the contractor's obflQllllons, the Sponsor may take over
the work and prosecute the seme to completion by contract or otherwise. In such case, the
contractor shall be liable to the SPOnsor for any additional cost occasioned to the Sponsor thereby.
d. If. after notice of terminal/on for failure to fuIflII contract obligations. ft Is determined that the
oonlraclot had not 80 falled, the termination shall be deemed to have been efJected for the
convenience of the Sponsor. In such event adjustment in the contra.;( price shall be made as
provfded in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provtded In thle clause are In addftlon to any other rights
and remedies provided by law or under this conlract
AIlDl_n
Incorporate Into all procurement contracts that funded by AlP funds that exceed $1 0,000.
Ret'8tw1ce
49 CFR Part 18.36(1)(2)
FAA Order 5100.38
EXHIBIT B-18
CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
The bidder/oJJeror certifies, by submission of this proposal or acceptance of this oontract, that neRher R
nor as principals i8 PI'Il8ElnUy debarred, suspended. proposed for debarmen~ declared Ineligible, or
voluntarily excluded from partlclpaUon In this transacuon by any Federal department or agency. It further
aQl'llllS by submltlfng this proposal that It will Include this clause without modlficatton In IllI lower Uer
tJanSactions, solicitations, proposals, contracts, and suboonlracts. Where the bldder/ofJeror/oonlractor or
any lower ller participant Is unable to certify to this statement, It shall attach an llXpIanaUon to this
solicitation/proposal.
ADDllcatIon
Inoorporate into all oonlracts that exceed $26,000, whlch funded under the AlP. II1COl'pOrale in all
contracts for auditing services regardless of the oontracJ amount
Rsfantnce
49 em Part 29
FAA Order 6100.38
EXHIBIT B-19
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 28 CFR PART II
1. Overtime Requirements. .
No contractor or 8Ubconlraclor conlraollng for any part of the con1ract \WI1( which may require or Iovolve
the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including
watdlmen and guards, In any worI<week 10 which he or she Is employed on such \WI1( to \WI1( 10 exoess
of forty hours 10 such \WI1(week unless such laborer or mechanic rooeIvea COInpensaflon at a rete not
18llS then one and one-helf times the basic rate of pay for all hours worked In excses of forty hours In such
worr.-ek.
2. Violation; liablllty for Unpaid Wages; Uquldalecl Damages.
In the event of any violation of the clause set forth In paragraph (1) above, the eonfraotor and any
.auboonfractor responsible thEll'8for shall be liable for the unpaid wages. In addition, such conlractor and
suboontractor shall be liable 10 the United Slates (In the case of \WI1( done under 00IIfract for the DIslrIct
of Columbia or a ten1tory, to such DIafIfct or to such terrllolyj, for Ilquldalecl damages. Such Ifquldaled
damages aIIllIl be compuled wtth respect to each Jndtv/dual Iabonsr or IIl9llhanIc, including WIltohmen and
llU8Ida, smp/oyed In violation of the clause set forth In /lliRlgreph 1 above, In the sum of $10 for each
calendar day on which such individual was requinsd or permllled to work In ~ of the 8fandard
workweek of forty hours WIthout paYl1l8llt of the overtimewages requtred by the cIauae set forth in
pansgraph 1 above.
3. Withholding for Unpaid Wages and liquidated Damages.
The Federal Aviation Administration or the Sponsor shatI upon its own action or upon wrlllen request of
an autIIoIIad reJll'll8ellfaflve of the OeparImenl of Labor WIthhold or cause to be WIthheld. from any
monies payable on eoeounl of work performed by the oonlracb or subool ,b....... under any Such con1ract
or any other Federal contract wflh the same prime 00IIfract0r. or eny other Fedalallr 1lsslsled oontrect
subJec:t to the ConIraot WOlf< Hours and Sefety SIandanIs Act, which Is held by the serna Prime
oonlraclor, such sums as may be delennlned to be II8Ce8SllJy to satlsry any IfabllIIIea of such oonfnK:loJ,
or suboonlractor for unpaid wages and liquidated damages as provfded In the clause set forth In
P8I"8l;Ireph 2 above.
4. Subconfractors.
The lliInllactor or suboontractor shall Insert In any subconUacts the c1allS98 set forth In paragraphs 1
through 4 and also a clause requlrfng the suboontraclor to Indude these clauses In any ~ IIer
SUboot1lracls. The prime oon1raclor shaD be r&sponslbfa for oompllanca by any subOOllfractor or '-1Ier
suboonlractor wflh the clauses set forth In paragraphs llhrough .. of this aactIon.
ADDII_on
Incorporate Into all construclfon oonlracts and subcontracts that exceed $100.000 and are financed under
the AlP program.
Rafaranca
29 CFR Part 5.5
AdvIsory Circular 1501510~
EXHIBIT B-20
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
e. That any facility 10 be used In the performance cif lha contract or suboonlract or 10 benetlt from the
contract Is not IIsled on the Environmental Protection Agency (EPA) list of VIolating FaclIlIles;
b. To comply with aU the requirements of Secllon 114 of the Clean Air AcI.. as amended, 42 U.S.C.
1857 at saq. and SeeIIon 308 of the Federal Waler Pollution Control Act, as amended, 33 U.S.C. .
1251 at seq. Rllatlng In IOSP8Cl/On. monltorfng, entry, reports, and Informallon, as well as all other
requi'ements spec/fled In Section 114 and Section 308 of the Acts, resPectively, and all olher
regulations and gu/deUnes Issued thereunder;
c. That as a oondll/on for the award of this contract !he conlraclor or SUbconlraclnr wflI notify the
awarding oIlIcIaJ of !he ~ of any communication ftom the EPA indicating IheI a facility In be lI88d
for the P8Iformanoe of or beneIII from the COnlracl Is under COI18IdenIlIon In be hied on the EPA LI8I
ofVlolalJng FacUfIIes; .
d. To IncIuda or cause 10 be Included ... any consbucfloli contract or subconlract Which 8XCeeds $
100.000 the aforementioned ctIIarla and requirements.
ADDllOII'tkm
Incoop..are In aN conlracts end subcontracts lhalaxceed $100,000.
Refen.n-
49 CFR Part 18.36(i)(12)
Section 308 of !he Clean At' Act
Section 608 Of !he Clean Waler Act
i_