Item O12-pr
77rF) _Er"l
Meeting Fate: October 17 2007 Division: C'oun'ce td.
Bulk Item: Yes _X No Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of revised Fourth Amendment to Agreement between Monroe County and Construction
Manager, The Morganti Group, Inc. and rescission of previously approved 4th amendment on
1/17/2007.
ITEM BACKGROUND:
The 4th Amendment to the Morganti contract was prepared in response to issues identified by the FAA.
Also referred to as the AIP Grant Compliance Amendment, the 4th Amendment incorporated AIP grant
compliance language into the Morganti contract and required AIP grant compliance language be
included in all subcontracts. Since approval of the original 4th Amendment, the FAA has requested a
minor change in language indicating that the table of attachments is an illustrative list of required grant
language not an exhaustive list. Morganti has agreed to the change.
Secondly, the original 4th Amendment contains a cumbersome subcontract review process that, in
practice, was causing undue delays. Originally, before entering in to a subcontract, Morganti was
required to send three (3) copies of the subcontract to the CAY for review. The CAY would review the
subcontract to ensure it conformed to the standard form of subcontract and to ensure it contained all of
the required AIP grant compliance language. The subcontract, along with a memo certifying that
the subcontract had been reviewed, conformed to the standard form of subcontract and contained all of
the required AIP grant language would then be over-nighted to the FAA for their review. Under the
contract, a notice to proceed could not be issued until we received approval from the FAA. At one
point, the review process was taking as long as 6 weeks. After the CAY contacted the FAA and assured
them of the redundancy built into the process and the resulting delay it caused, as well as the
unnecessary additional work it created, the FAA agreed to allow a modification of the subcontract
review process. The FAA agreed that the additional review by the FAA was redundant and was not
needed and agreed to modify the subcontract review process and delete the requirement for FAA
review prior to issuance of a notice to proceed. Morganti has agreed to this change in language also.
PREVIOUS RELEVANT BOCC ACTION:
1/17/07 Approval of 4 h Amendment to Agreement
Approved execution of the G.M.P. amendment at the December 2006 B.O.C.C. meeting
Verbally approved the G.M.P. amendment at the November 2006 B.00.C. meeting.
Approved the amendment to the contract awarding the Marathon Airport Hurricane Damage Repairs on
March 15, 2006.
Approved the award of the C.M. at Risk contract to the Morganti Group on October 19, 2006.
CONTRACT/AGREEMENT CHANGES:
1. FAA has requested a minor change in language indicating that the table of attachments is an
illustrative list of required grant language not an exhaustive list. Morganti has agreed to the
change.
2. Modification of the subcontract review process and delete the requirement for FAA review prior
to issuance; of a notice to proceed.
STAFF RECOMMENDATIONS:
Approval.
°TIi lirsL l: Er-q)e i'f- Ile':
COST ,ro CCOUNT v. SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No 3X AMOUNT PER MONTH_ YeEr
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
FOURTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND CONSTRUCTION MANAGER, THE MORGANTI GROUP, INC.
KEY WEST INTERNATIONAL AIRPORT -
NEW TERMINAL BUILDING AND RENOVATION PROJECT
(AIP Grant Compliance Amendment)
THIS 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 20 ny day of SaytawuieJ. , 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
WHEREAS, on the 2"d 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 15" 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 20'' day of December, 2006, the parties entered into an
amendment, incorporated herein, of the Agreement to establish the Guaranteed
Maximum Price for the Project ("Third Amendment'); 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 Amendment') to be executed concurrently with this Fourth Amendment;
WHEREAS, the Federal Aviation Administration ("FAA") and the Federal
Department of Transportation ("FDOT") have both provided grant funds for the New
Terminal Building and Renovation Project at the Key West International Airport and
the Hurricane Damage Repair Work to the Florida Keys Marathon Airport; and
WHEREAS, the grant awards contain grant conditions which must be satisfied;
and
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:
1. 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 vault 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 of long lead items, materials and services, and for Subcontractor
contracts ("Subcontracts").
(b) Construction Manager shall conduct all procurement of materials,
services, and construction Subcontracts in accordance 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 bids 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
at least once in a newspaper of general circulation 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.
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:
An immediate danger to the public health or safety;
ii. An immediate danger of loss of public or private
property; or
iii. 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 verbal quotation.
The Construction Manager shall obtain a minimum of two (2) verbal quotations.
These quotations shall 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 shall 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 shall 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 may be
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. As part of preparing invitations for bids, or requests for proposal, the
Constriction Manager shall review the specifications and drawings prepared by the
Architect -Engineer. Ambiguities, conflicts or lack of clarity of language, 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 include the
following:
Bid Language
Exhibit Number
L
Buy American Preference
B-1
2.
Certification of Non -Segregated Facilities
B-14
3.
Notice of Requirement for Affirmative
Action
B-15
4.
Equal Oortunit Specification
B-16
5.
Form of Subcontract containing requirements
set forth in Section 2.5.3 of this Agreement
N/A
4
2. Federal contracting Requirements. Article 2 is amended to include a new
Article 2.5 as follows:
2.5. FEDERAL CONTRACTING REQUIREMENTS
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 review, and
(ii) the County has issued a notice to proceed to such Subcontractor.
2.5.2 AIP Provisions Applicable to Construction Manager and Professional
Services Subcontractors. Construction Manager shall comply with the AIP
Provisions in performing its services under this Agreement and shall include the
following AIP Provisions in any of its Subcontracts for professional services based
on the value of the Subcontract. The AIP Provisions include the following:
Provision I Exhibit
All Professional Service Contracts
1.
Civil Rights Act of 1964, Title VI
B-2
2.
Airport and Airway Improvement Act of
1982, Section 520
B-3
3.
Lobbying and Influencing Federal Employees
B-4
4.
Access to Records and Reports
B-5
5.
Disadvantaged Business Enterprise
B-6
6.
Breach of Contract Terms
B-8
7.
Rights to Inventions
B-9
8. 1
Trade Restriction Clause
B-10
Professional Services Subcontracts Exceeding $10,000
9. Termination of contract I B-17
Professional Services Subcontracts Exceeding $25,000
10. Certification Regarding Debarment, B-18
L 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 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. The AIP
Provisions include the following:
F(YEqp-
uient
Provision Exhibit /N)
All Construction Subcontracts
1.
Buy American Preference
B-1
Y
2.
Civil Rights Act of 1964, Title VI
B-2
Y
3.
Airport and Airway Improvement
Act of 1982, Section 520
B-3
Y
4.
Lobbying and Influencing Federal
Employees
B-4
Y
5.
Access to Records and Reports
B-5
6.
Disadvantaged Business Enterprise
B-6
7.
EnergyConservation
B-7
8.
Breach of Contract Terms
B-8
9.
Ri hts to Inventions
B-9
11WN
10.
Trade Restriction Clause
B-10
It.
Veteran's Preference
B-11
Construction Subcontracts Exceeding $2,000
112.1 Davis Bacon Labor Provisions I B-12 N
Construction Subcontracts Exceeding $10,000
13.
Equal Oortunit Clause
B-13
N
14.
Certification of Non -Segregated
Facilities
B-14
N
15.
Notice of Requirement for Affirmative
Action
B-15
N
16.
Equal Opportunity Specification
B-16
N
17.
Termination of Contract
B-17
Y
Construction Subcontracts Exceeding $25,000
18. Certification Regarding Debarment, B-18 Y
Suspension, Ineligibility and
Voluntary Exclusion
Construction Subcontracts Exceeding $100,000
19.
Contract Workhours and Safety
Standards Act Requirements
B-19
N
120.1
Clean Air and Water Pollution Control
B-20
Y
3. Airport Construction Safety Plan and FAA Notification Requirements. Article
2.4(9)(a)(5) 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.
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 structures 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 Expenses. 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 of FAA grant funds:
(a) Costs of amusement 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. Interpretation. 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 FDOT 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 of this Fourth Amendment and the
requirements of any other provision of this Agreement, the more stringent or more
restrictive requirement shall govern. All other provisions 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. Constriction 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 shall 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 parthas caused this Amendment to
Agreement to be executed by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
ATTEST:
t --
By
Mayor/Chairman
THE MORGANTI GROUP, INC.
By
,'Zu
Title
EXHIBIT A
(Attached hereto)
w
U.S. Department
of Transportotlon
Federal Aviation
Administration
October 16, 2007
Mr, Pedro Mercado
Monroe County Attorney
Key West International Airport
3491 S. Roosevelt Blvd.
Key West FL 33040
Dear Mr. Mercado:
Orlando Airports District Office
6960 Hazelline National Dr„ Suite 400
Orlando, FL 32622-5003
Phone: (407) 812-6331
Fax: (407) 612.6978
Per your request and my email reply of October 12, 2007, we have no objection to
Monroe County proceeding with the Fourth Amendment contract, provided it includes
the following agreed -upon conditions:
1) changes requested in January have been inserted; and
2) deletion of need for FAA review of subcontracts.
As far as any additional costs may be concerned, our office expects to complete the
finnal review of eligible federal limits, for discussion at our office with you on October
Susan A.
Program
cc:
Andrea Chao, FDOT/6
Peter Horton, KWIA
EXHIBIT
TOTAL P.01
1 XHIBIT B
(Attached hereto)
10
BUY 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 expanded pursuant to a grant
issued under the Airport Improvement Program. The following terms apply:
1. Steel and manufactured products. As used in this clause, steel and manufactured products
include (1) steel produced In the United States or (2) a manufactured product produced in the
United States, if the cost of Its components mined, produced or manufactured In the United States
exceeds 00 percent of the cost of all its components and final assembly has taken place In the
United States. Components of foreign origin of the same class or kind as the products referred to
in subparagraphs b. (1) or (2) shall be treated as domestic.
2. Components. As used in this clause, components means those articles, materials, and
supplies incorporated directly Into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components, exclusive of
final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and manufactured products
will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this
contract, except those:
1. that the US Department of Transportation has determined, under the Aviation Safety and
Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality;
2. that the US Department of Transportation has determined, under the Aviation Safety and
Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public
Interest; or
3. that Inclusion of domestic material will increase the cost of the overall project contract by more
than 25 percent.
BUY AMERICAN CERTIFICATE
By submitting a bidiproposal under this solicitation, except for those items listed by the offeror below or on
a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each
manufactured product, are produced In the United States, as defined In the clause Buy American - Steel
and Manufactured Products for Construction Contracts) and that components of unknown origin are
considered to have been produced or manufactured outside the United States.
Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this
provision.
Application
Incorporate Into all construction and equipment procurements. Paragraphs (a) and (b) should he placed in
the solicitation. The Buy American certificate should be placed In the contract documents.
Reference
Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990
Title 49 U.S.C. Chaptor 501
AIP Program Guidance Letter 91-3
if
CIVIL RIGHTS ACT OF 1964, T ITLh Vi — CONTRACTOR CONTRACTUAL REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors in Interest
(hereinafter referred to as the "contractor") agrees as follows:
1.1 Compliance with Regulations, The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter,
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin ih the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor shall not participate either directly 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.
1,3 Sogcitatlons for Subcontracts, including Procurements of Materials and Equipment in
ON solicitations either by oompetOm bidding or negotiation made by the contractor for work to be
performed under a subcontract, Including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under thle contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
1.4 Information and Reports. The contractor shall provide all Information and reports required
by the Regulations or directives Issued pursuant thereto and snap permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by time
Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with
such Regulations, orders, and instructions. Where any information required of a contractor Is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts H has
made to obtain the Information.
1.5 Sanctions for Noncompliance. in the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as
it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, or suspension of the contract, In whole or in part.
1.0 Incorporation of Provisions. The contractor shall Include the provisions of paragraphs 1
through 5 In every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor she take
such action with respect to any subcontract or procurement as the sponsor or the FAA may direct
as a means of enforcing such provisions Including sanctions for noncom pi or th Provided, however, that In the event a contractor becomes Involved in, or Is threatened wHh, ProvRigided,
d d, with a
subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to
enter Into such litigation to protect the interests of the sponsor and, in addition, the contractor may
request the United States to enter into such litigation to protect the Interests of the United States.
Application
Required In all contracts and subcontracts
Reference
49 CFR Part 21
AC 150(5100-15
AIRPORT AND AIRWAY 11WROVEh91AEA T ACT Or 1982, SECTION 820 - GENERAL CIVIL RI64IT S
PROVISIONS
The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as
are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating In any activity conducted with or beneflting from
Federal assistance. This provision obligates the tenant/concessionaire/lessee or Its transferee for the
period during which Federal assistance is extended to the airport a program, except where Federal
assistance is to provide, or is in the form of personal property or real property or interest therein or
structures or Improvements thereon. In these cases the provision obligates the party or any
transferee for the longer of the following periods: (a) the period during which the property is used by
the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits or (b) the period during which
the airport sponsor or any transferee retains ownership or possession of the property. In the case of
contractors, this provision binds the contractors from the bid solicitation period through the completion
of the contract. This provision Is in addition to that required of Title VI of the Civil Rights Act of 1984,
Annlication
Incorporate in all contracts funded under AIP
Reference
Airport and Airway Improvement Act of 1982, Section 520
Tide 49 47123
AC 160/5100-15, Para. 10.c.
LOBBYING AHri INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for
Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress In connection with the making
of any Federal grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress In connection with any
Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby
Activities," In accordance with Its instructions.
Required in all contracts and subcontracts
48 CFR Part 20, Appendix A
4,
YT r
ACCESS TO RN!01.E4: AND C FPt t2 u
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide
the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and
reports required under this contract for a period of not less than three years after final payment Is made
and all pending matters are closed.
,Application
Incorporate Into all procurement contracts that funded by AIP funds
Ref�rencg
49 CFR Part 18.36(I)
FAA Order si oo.38
DIBADVANYAGED F USINIESS EINTERPRISES
Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex In the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of Its contract no later than [specify number] days from the receipt
of each payment the prime contractor receives from [(Name ofrec/plent% The prime contractor agrees
further to return retainage payments to each subcontractor within [specify the same number as above]
days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written approval of the
(Name of Recipient]. This clause applies to both D13E and non -DBE subcontractors.
Application
The contract assurance clause shall be Incorporated verbatim. The prompt payment clause represents
sample language that meets the requirements of 49 CFR Part 26.29. Recipients should refer to the
language Included their approved DBE program
Reference
49 CFR Part 2e
lk
t RIWRRGV t'OVNERVATl H-9 F,11M IREMEITI—S:
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-183)
Application
The regulation does not prescribe the language for the requirement. The above clause represents sample
language that meets the intent of 49 CFR Part 18.38(i)(13)
Reference
49 CFR Part 18.36
Public Law 94-163
T7.5.'a--T i G i, I'C �'..CC,
.
Any viuiatlon or breach of teons of this contract on tale part of the contractor or their subcontractor$ may
result In the suspension or termination of this contract or such other action that may be necessary to
enforce ti'ie rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights end remedies otherwise Imposed or available by law.
8 nitcation
The FAA does not prescribe the exact language to ba incorporated. The above clause represents sample
language that addresses the requirements of 49 CFR Part 18.30(i)(1). This provision requires grantees to
Incorporate administrative, cootraduai or legal remedies In instances where contractors violate or breach
contract terms, grantees should oonsuff with their legal counsel to develop the appropriate clause that
meets the minimum requirements of 49 CFR Part 18,38,
This provision Is required in all contracts that exceed the simplified acquisition threshold, presently set at
$100,000.
Reference
49 CFR Part 18.36
See Article 14 of the Agreement between County and Construction Manager and form of
subcontract for exact language.
s2tGHfS'R) €6,9'VLM 10lveg
All rights to Inventions and materials generated under this contract are subject to regulations issued by
the FAA and the Sponsor- of the Federal grant under which this contract is executed.
&209atlon
Incorporate into all procurement contracts that funded by AIP funds
RdKence
49 CFR Part 18.36(1)(8)
FAA Order 6100.38
TRADE RESTRICTION ION CL4LISE
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
a. Is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S, firms published by the Office of the United States
Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a person
that Is a citizen or national of a foreign country on said list, or Is owned or controlled directly
or indirectly by one or more citizens or nationals of a foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any product for use on
the project that Is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.1 i, no contract shalt be awarded to a contractor or subcontractor who is unable to certify to the
above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a
foreign country on said list for use on the project, the Federal Aviation Administration may direct through
the Sponsor cancellation 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 certification without modification in each contract and in all lower tier subcontracts. The
contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the
certification Is erroneous.
The contractor shall provide Immediate written notice to the sponsor if the contractor learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous by
reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if
at any time it learns that its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the
award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the
contract or subcontract for default at no,cost to the Government
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor Is not required to exceed that which Is normally possessed by a prudent person In the
ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.
AROSMtlon
Incorporate into all contracts funded by AIP.
49 CFR Part 30.13
FAA Order 5100.3e
Tl,d1 .71-_a
In the employment of labor (except In executive, administrative, and supervisory positions), preference
shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and
(2) of the Airport and Airway Improvement Act of 1962. However, this preference shall apply only where
the Individuals are available and qualified to perform the work to which the employment relates..
Acg ieation
Incorporate Into all construction contracts financed under the AIP program.
Reference
Title 49 U.S.C. 47112(c)
Advisory Circular 150/6100-6d
t 1 'I.,11 � r,2;
DAVIS BACON REQUIREMENTS
i. (Minimum Wages
(1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
retiate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of
this section; also, regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or Incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, wttout regard to
skill, except as provided In 29 CFR Part 5.5(aX4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent In each classification in which work Is performed. The wage
determination (including any additional classification and wage rates conformed under (1)(11)
of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible place
where It can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, Including
helpers, which Is not listed in the wage determination and which is to be employed under the
contract shall be classified In conformance with the wage determination. The contracting
officer shall approve an additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the Administrator of the Wage and
Hour Division, Employment Standards Administration, U.S. Department of labor,
Washington, D.C. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time Is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits
where appropriate), the contracting officer shall refer the questions, Including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The ,Administrator, or an authorized representative, will issue a determination
within 30 clays of receipt and so advise the contracting officer or will notify the contracting
outer witho the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
(ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) if the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, That the Secretary of Labor has found, upon the written request of the contractor, l
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2 Withholding.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, Including apprentices, trainees, and helpers, employed by
the contractor or any subcontractor the full amount of wages required by the contract. in the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased.
3. Payrolls and basic records.
(1) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(INiv) that the wages of any laborer or
mechanic Include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2XB) of the Davis -Bacon Act the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is tinancla0y responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual costs Incurred In providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed In the
applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the Federal Aviation Administration. The payrolls submitted shall set out
accurately and completely all of the Information required to be maintained under paragraph
5,5(a)(3)(1) above. This information may be submitted In any form desired. Optional Form
WH-347 is avallable for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, D.C, 20402. The prime contractor is responsible lot- 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 correct and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or Indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination Incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (3)(11)(8) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the records required under paragraph (3)(1) of
this section available for Inspection, copying or transcription by authorized representatives of
the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fags to submit the required records or to make them available, the
Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and Individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first
90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed In
percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less than the rate
specified In the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid In accordance with
that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(il) Trainees. Except as provided in 29 CFR 5,16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to
and Individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified In the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified In the applicable wage determination. Trainees shall be paid fringe benefits In
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shah be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that
there Is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who Is not registered and participating In
a training plan approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(III) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are Incorporated by
reference in this contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
through (10) and such other clauses as the Federal Aviation Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract clauses In 29 CFR Part 5.5.
7. Contract Termination; Debarment.
A breach -of -the -contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for dabarment �s a contractor and a subcontractor as provided in 29
CFR 5.12.
8. Compliance With Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved In accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of Its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest In the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(11) No part of this contract shall be subcontracted to any person or firm ineligible for award of
a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(ax1).
(111) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Application
Incorporate Into all construction contracts and subcontracts that exceed $2,000 and are financed under
the AIP program.
Reforenae
29 CFR Part 5.5
Advisory Circular 150/5100-ed
2le
,-QUAfl EMPLOYMENT S3Pt`ORTUNI i `f ., t1 GFR PART 60.1.4(h)
During the Performance of this contract, the contractor agrees as follows:
'l. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall Include, but not be limited to the following:
Employment, upgrading, demotion, or transfer•, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The contractor will, In all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which s/he has a
collective bargaining agreement or other contractor understanding, a notice to be provided advising the
said labor union or workers' representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as
amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all Information and reports required by Executive Order 11240 of September
24,1966, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders.
6. in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended
in whole or In part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts In accordance with procedure authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies Invoked as
provided In Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The contractor wig include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor Issued pursuant to section 204 of Executive Order
11246 of September 24, 1966, so that such proviskons will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provision, Including sanctions for
noncompliance; Provided, however, that in the event a contractor becomes Involved In, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the United States to enter into such litigation to protect the Interests of the United
States.
Application
Incorporate in all construction contracts and subcontracts that exceed $10,000
Re n
Executive Order 11246
41 GFR Part 60 -1.4
AG 150/6100-15, Para. 22,a.
CERTIFICATION OF WONSEGRIFGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federally Assisted Construction Contractors
1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally.
assisted construction contract exceeding $10,000 which is not exempt from the provisions of the
Equal Opportunity Clause.
2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are
not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the
forwarding of the following notice to prospective subcontractors for supplies and construction
contracts where the subcontracts exceed $1000 and are not exempt from the provisions of the
Equal Opportunity Clause. NOTE: The penalty for making false statements In offers is prescribed in
18 U.S.C.1001.
Notice to Prospective Subcontractors of Requirements for Certification of Non -Segregated
Facilities
1. A Certification of Non-segragated Facilities shall be submitted prior to the award of a subcontract
exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice
to prospective subcontractors for supplies and construction contracts where the subcontracts 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 prescribed in 18 U.S.C. 1001,
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his
employees, any segregated facilities at any of his establishments and that she or he does not permit his
employees to perform their services at any location, under his control, where segregated facilities are
maintained. The federally -assisted construction contractor certifies that she or he will not maintain or
provide, for his employees, segregated facilities at any of his establishments and that she or he will not
permit his employees to perform their services at any location under his control where segregated
facilities are maintained. The federally -assisted construction contractor agrees that a breach of this
certification is a violation of the Equal Opportunity Clause in this contract.
As used In this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other
storage or dressing areas, parking Iota, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit directives
or are, In fact, segregated on the basis of race, color, religion, or national origin because of habit, local
custom, or any other reason. The federelly-assisted construction contractor agrees that (except where
she or he has obtained Identical certifications from proposed subcontractors for specific time periods) she
or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that
she or he will retain such certifications in his files.
Annlipatlon
Incorporate in all construction contracts and subcontracts that exceed $10,000, The notices should be
placed within the solicitation for proposals. The actual certification should be Incorporated in the contract
agreement.
Reference
Executive Order 11246
41 CFR Part 60 -1.8
AC 1506100-15, Para, 22.b.
HQTBCE OF REQUIREMEHT FC,R AFFiRMATIVE ACril0M - 41 CFR PART 60-1
1. The Oferor's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed In percentage terms for the
contractor's aggregate workforce in each trade on all construction work in the covered area, are as
follows:
Timetables
Goals for minority participation for each trade (Vol. 46 Federal Register pg. 65984 1013/60)
Goals for female participation in each trade (6.9%)
These goals are applicable to all the contractor's construction work (whether or not It is Federal or
federally -assisted) performed in the covered area. If the contractor performs construction work in a
geographical area located outside of the covered area, It shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the contractor
also Is subject to the goals for both Its Federally involved and non -federally involved construction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth In 41 CFR 60-4.3(a), and Its efforts to meet the goals. The hours of
minority and female employment and training shall be substantially uniform throughout the length of the
contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of Its projects. The transfer of minority or female employees or trainees from
contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals,
shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of
award of any construction subcontract In excess of $10,000 at any tier for construction work under the
contract resulting from this solicitation. The notification shall list the name, address, and telephone
number of the subcontractor, employer identification number of the subcontractor, estimated dollar
amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical
area in which the subcontract is to be performed.
4. As used In this notice and in the contract resulting from this solicitation, the "covered area" is [insert
description of the geographical areas where the contract is to be performed giving the state, county, and
city, if anyj.
Application
Incorporate in all construction contracts and subcontracts that exceed $10,000. This notice should be
placed within the solicitation for proposals. The goals for minority partielpation are dependent upon the
Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA). Refer to Volume 46 of the
Federal Register dated 1013/80, Page 66984 contains a table listed all EA and SMSA and their
associated minority goals. The 6.9% for female participation represents a national goal.
Referents
Executive Order 11246
41 CFR Parts 60 - 4
AC 150/5100-15, Para. 22.c.
STIANDAIRD FEDERAL EQUAL EMPLOYMENT OPPORT&WI'f Y CONSTRUCTION CONTRACT
SPECIFICATIONS - 41 CFR Part 60.4.3
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
c. "Employer Identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" Includes:
(1) Black (all) persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American,
or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins In any of the original
peoples of North America and maintaining Identifiable tribal affiliations through
membership and participation or community Identification).
2. Whenever the contractor, or any subcontractor at any Her, subcontracts a portion of the work involving
any construction trade, it shall physically Include in each subcontract In excess of $10,000 the provisions
of these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth In the solicitations from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 80-4.5) in a Hometown Plan approved by the U.S.
Department of labor in the covered area either individually or through an association, its affirmative
action obligations on all work In the Plan area (including goals and timetables) shall be in accordance with
that Plan for those trades which have unions participating In the Plan. Contractors shall be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating In an approved plan is Individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan In
each trade In which it has employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or
subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The contractor shall Implement the specific affirmative action standards provided In paragraphs 18.7a
through 18.7p of these specifications. The goals set forth In the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the contractor should reasonably be able to achieve in each construction trade In which
It has employees in the covered area. Covered construction contractors performing construction work in a
geographical area where they do not have a Federal or federally assisted construction contract shall
apply the minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such notices may
be obtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The contractor is expected to make substantially uniform progress in
meeting its goals In each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the
contractor has a ceiL-:r_tiva bargaining agreement to refer either minorities or women shall excuse the
contractor`s obligations under Ihese specifications, Executive Order 11246 or the regulations promulgated
pursuant thereto.
fi. In order for the non-worldng training hours of apprentices and trainees to be counted In meeting the
goals, such apprentices and trainees shall be employed by the contractor during the training period and
the contractor shall have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant
to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The contractor shall document these efforts fully and shall
Implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor's employees are assigned to
work. The contractor, where possible, will assign two or more women to each construction
project. The contractor shall specifically ensure that all foremen, superintendents, and other
onsite supervisory personnel are aware of and carry out the contractor's obligation to
maintain such a working environment, with specific attention to minority or female Individuals
working at such sites or In such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the contractor or Its unions have employment opportunities available, and
maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off -the -street applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
Individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, If referred, not employed by the contractor, this shall
be documented in the Me with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the contractor has a collective bargaining agreement has not referred to the contractor a
minority person or female sent by the contractor, or when the contractor has other information
that the union referral process has impeded the contractors efforts to meet Its obligations.
e. Develop on-the-job training opportunities and/or participate In training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The contractor
shall provide notice of these programs to the sources compiled under 7b above. .
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation In assisting the contractor in meeting its
EEO obligations; by including It In any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report, etc.; by specific review of the policy
with all management personnel and with all minority and female employees at least once a
year; and by posting the company EEO policy on bulletin boards accessible to all employees
at each location where constriction work Is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring, assignment,
layoff, termination, or other employment decisions including specific review of these items
with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the
initiation of construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEC) policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
I. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the contractor
shall send written notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there Is an obligation to do so
under 41 CFR Part 60-3.
I. Conduct, at least annually, an Inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, Job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate
or single user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance
under the contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or
more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association,
joint contractor union, contractor community, or other similar groups of which the contractor Is a member
and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p
of these specifications provided that the contractor actively participates in the group, makes every effort to
assure that the group has a positive Impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected In the contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
contractor. The obligation to comply, however, Is the contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
contractor, however, is required to provide equal employment opportunity and to take affirmative action
for all minority groups, bath male and female, and all women, both minority and non -minority.
Consequently, if the particular group is employed in a substantially disparate manner (for example, even
though the contractor has achieved its goats for women generally,) the contractor may be In violation of
the Executive Order if a specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred from
Government eontra-,ts pursuant to Executive Order 11246,
12, The contractor shall carry out such sanctions and penalties for violation of these specifications and of
the Equal Opportunity Clause, Including suspension, termination, and cancellation of existing
subcontracts as may be Imposed or ordered pursuant to Executive Order 11240, as amended, and its
Implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who
fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive
Order 11246, as amended.
13. The contractor, in fulfilling Its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.
If the contractor fails to comply with the requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shalt proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions
hereof as may be required by the Government, and to keep records. Records shall at least include for
each employee, the name, address, telephone number, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes In status, hours worked per week in the
Indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained
In an easily understandable and retrievable form: however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local
or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Application
Incorporate in all construction contracts and subcontracts that exceed $10,000. This provision shall be
Included in the solicitation and the contract agreement.
Referenc
Executive Order 11246
41 CFR Parts 60 — 4.3
AC 150/5100-15, Para. 22.c.
a "-1T VC u1-.'!
't ER'IWINATIOR OF CONTRACT
a. i he Sponsor may, by written notice, 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 notice services shall be immediately discontinued (unless the notice directs otherwise) and all
materials as may have been accumulated in performing this contract, whether completed or In
progress, delivered to the 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 anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over
the work and prosecute the same to completion by contract or otherwise. In such case, the
contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulflll contract obligations, it is determined that the
contractor had not so failed, the termination shalt be deemed to have been affected for the
convenience of the Sponsor. In such event, adjustment in the contract price shall be made as
provided in paragraph 2 of this clause.
e.The rights and remedies of the sponsor provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
Apollcation
Incorporate Into all procurement contracts that funded by AIP funds that exceed $10,000.
RdKence
49 CFR Part 18.36(i)(2)
FAA Order 5100.38
Eli-. Ni}.11.. 134e.
GERTIFICATION REGARDING DERAREMENT, SUSPENSION, INELIWBILITY AND VOLUNTARY
ErtCLUSION
The bidder/offerar certifies, by submission of this proposal or acceptance of this contract, that neither it
nor its principals Is presently debarred, suspended, proposed for debarment, declared Ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency. It further
agrees by submitting this proposal that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or
any lower tier participant is unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
Apall_catlon
Incorporate into all contracts that exceed $25,000, which funded under the AIP. Incorporate in all
contracts for auditing services regardless of the contract amount.
Reference
49 CFR Part 29
FAA Order 5100.38
j_;- tiFNl i V r
�tt`GEEC2Cf VV€t6 F&F9�3@@6 f £*lD SOL' TY ST11111k 1�4i �6tFEt``iu �� ir' t € At T I
1. overtime Requirements. sot of the contract work which may require or involve
No contractor or subcontractor contrtracting foe any p such laborer or maehanlc, including
the employment of laborers or mechanics shall require or permit any
watchmen and guards, in any workweek In which he or she Is employed on such work to work a excess
oIfforty hours in such workweek unless such laborer or° mechanic receives compensation at a rate not
less than one and one-half times the basic rate of paY for all hours worlwd in excess of forty hours in such
workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth In paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
to such District or to such territory), for liquidated damages. Such liquidated
subcontractor shall be liable to the United States (In the case of work done under contract for the District
of Columbia or a territory, to each Individual laborer or mechanic, including watchmen and
damages shall be computed with respect 1 above, In the sum of $to for each
guards, employed In violation of the clause set forth In paragraphOess of the calendar day on workweek of forty hours c withoutvidual payment of the s I overtime wag-equired or es requiredlby the clause sat forth in
paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon Its
own action or upon wrldenBuch contract
an authorized representative of the Department eoed by thebcontractor withhold
o subcontractwse to be under lany m any
monies payable on account of work pother Federally -assisted contract
or any other Federal contract with the same Prime contractor, or at
subject to the Contract Work Hours and Safety Standards Act, which is held by the same Prime
n
to be necessary to satisfy
oaubctor, su h su unpaid swage and liquidated damages as Provided liabilities of such
set forthinntractor
paragraph 2 above.
4. Subcontractors.in any
through 4 andr
ph
raor subcontractor shall lso a clause requiring ringlthe asubcontectoorr to inclu a these clauses in anylowerr rt tier s
subcontracts.
The with te prime contractor
uses aeforth in ll be
paragraphs pha 1 through 4IN for ilof this sance ecHonany ubconhactor or lower Vier
A
ed under
Incorporate�into all construction contracts and subcontracts that exceed $100,000 and are financ
the All? program.
2gRsfOM Part 5.5
Advisory Circular 150/6100-6d
ram; f,MITT
!d=:irt,lgtr t+i'! i C2 N4.E..f6 a" c G G 'Ai1'Rkw(,
Contractors and subcontractors agroe:
a. That any facility to be used In the performance of the contract or subcontract or to benefit from the
contract Is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C.
1857 at seq, and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U,S.C.
1251 at seq. relating to Inspection, monitoring, entry, reports, and Information, as well as all other
requirements specified In Section 114 and Section 308 of the Acts, respectively, and all other
regulations and guidelines issued thereunder;
c, That, as a condition for the award of this contract, the contractor or subcontractor will notify the
awarding official of the receipt of any communication from the EPA Indicating that a facility to be used
for the performance of or benefit from the contract Is under consideration to be listed on the EPA List
of Violating Facilities;
d. To include or cause to be Included In any construction contract or subcontract which exceeds $
100,000 the aforementioned criteria and requirements,
ARRURmllm
Incorporate In all contracts and subcontracts that exceed $100,000.
RILM 4.!
49 CFR Part 18.36(1)(12)
Section 306 of the Clean Air Act
Section 508 of the Clean Water Act