Part 2 - Contract DocumentsProposal
Contract
Performance Bond
Payment Bond
PROPOSAL
FO. KALISPELL CITY AIRPORT
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Bidders:
The undersigned Bidder, having examined the Plans, Specifications and other proposed Contract Documents,
the extent, character, and location of the proposed work, the nature and type of the excavation to be done, the
conditions and arrangement of existing structures affecting and affected by the proposed work, and being
cognizant of the location and condition of existing roadways giving access to the sites of the work, and the
topography of the site of the work, and its effect on drainage and surface runoff which might affect the work,
hereby proposes to furnish all materials, tools, labor, and equipment for the completion of the approximate
quantities of work listed below and all of the work appurtenant thereto in connection with this project for the
Kalispell City Airport, Montana.
Airport Improvements consisting of the following to be awarded as one contract:
• Construct New Taxiways
• Construct Aircraft Parking Apron
• Install Taxiway Marking and Markers
This work is to include all tools, equipment, materials, and labor to complete this project; and all specified
work appurtenant thereto in connection with this project for the Kalispell City Airport North End Surface
Improvements, in accordance with Plans, Specifications, and other Contract Documents for the unit prices
quoted on the Bid Sheets included herein.
PROPOSAL PAGE 1
LISPELL CITY AIRPORT - NORTH ESURFACING IMPROVEMENTS
E BASE BI
NOTE: Quantities may vary slightly due to the nature of the scope of work.
The Contractor shall be paid for the final quantities required to satisfactorily complete the job.
Item Estimated Unit Unit Description Unit Price Total Price
Number Quantity
101
1
LS
Mobilization (Special Provisions)
(Shall not exceed 5% of total bid price)
Per LS
Unit Price Written in Words on this line — Typical of All Bid Items
102
14,010
CY
Unclassified Excavation
(P-152-4.1)
Per CY
- 103
1251
SY
Remove Existing Asphalt Pavement
(P-101-4. lb)
Per SY
104
1,772
LF
18" RCP, Class III, Storm Drain Pipe,
includes FETS (D-701-5.1)
Per LF
105
838
LF
12" RCP, Class III, Storm Drain Pipe,
includes FETS (D-701-5.1)
Per LF
106
7
EA
48" Storm Drain Inlet, Includes Grates
(D-751-5.3)
Per EA
107
3
EA
Manhole Adjustments (Special
Provisions)
Per EA
108
5
EA
Valve Box Adjustments (Special
Provisions)
Per EA
109
33,418
SY
Subsurface Separation Fabric
Per SY
110
11,139
CY
Subbase Course
(P-154-5.1)
e
Per CY
PROPOSAL
PAGE 2
Item
Number
KALISPELL CITY AIRPORT - NORTH END SURFACING IMPROVEMENTS
BASE BID
NOTE: Quantities may vary slightly due to the nature of the scope of work.
The Contractor shall be paid for the final quantities required to satisfactorily complete the job.
Estimated
Unit Unit Description Unit Price Total Price
Quantity
ill
3,713
CY Crushed Aggregate Base Course
(P-208-5.1)
Per CY
112
45.2
TON Bituminous Prime Coat
(P-602-5. 1)
Per TON
113
5,348
TON Bituminous Surface Course
(P-401-8. 1)
Per TON
114
374
TON Bituminous Material, Asphalt Cement -
PG 58-28 (P-401-8.2)
Per TON
115
2
EA Catch Basin Removal (Special
Provisions)
Per EA
116
36
EA Tie -Down Removal (Special Provisions)
Per EA
117
99
EA Tiedown Anchors
(D-755-4.1)
Per EA
118
125
LF Trenching for PVC Ducts, 36" Deep
(L- 110-5. 1)
Per LF
119
125
LF 4" PVC Sch. 80 Duct
(L- 110-5. 1)
Per LF
PROPOSAL
PAGE
LISPELL CITY AIRPORT - NORTH END SURFACING IMPROVEMENTS
BASE BI
NOTE: Quantities may vary slightly due to the nature of the scope of work.
The Contractor shall be paid for the final quantities required to satisfactorily complete the job.
Item Estimated Unit Unit Description Unit Price Total Price
Number Quantity
120 16 EA Pavement Duct Markers
(L-110-5.2)
Per EA
121 35 EA L-853, 24" High Retroreflective Blue
Taxiway Markers with Frangible
Coupling and Mounting Stake
(L-125-5.3)
Per EA
122 3,106 SF Taxiway Painting
Full Rate w/ Reflective Media
(P-620-5.1)
Per SF
123 176 GAL Coal Tar Pitch Emulsion Seal Coat
(P-625-7.1)
124 65 LF 6ft Chain Link Fence - Relocate
(F-162-5.1)
125 23,610 CY Topsoil Stripping, Stockpiling and
Placing(T-905-5.1)
126 5 AC Seeding, Fertilizing & Mulching
(T-901-5.1 & T-908-5.1)
Per GAL
Per LF
Per CY
Per AC
(Total Base Bid Price in Words)
Please be sure to write»»»»»»» Unit Price Written in Words for each line — Typical of All Bid Items
LISPELL CITY AIRPORT - NORTH END SURFACING IMPROVEMIENTS
ADDITIVE ALTERNATE
NOTE: Quantities may vary slightly due to the nature of the scope of work.
The Contractor shall be paid for the final quantities required to satisfactorily complete the job.
Item Estimated Unit Unit Description Unit Price Total Price
Number Quantity
AA-1
AA-2
AA-3
AA 4
AA-5
c
AA-6
AA-7
AA-8
AA-9
AA-10
Y (TOTAL ADDITIVE ALTERNATE IN WORDS)
Please be sure to write»»»»»»» Unit Price Written in Words for each line — Typical of All Bid Items
F:WRWR�USPEU MV-2WMORM END SVRFACIVO .J NR-V,,, ROP-21x
PROPOSAL
108 LF 12" RCP, Class III, Storm Drain Pipe,
includes FETE (D-701-5.1)
Per LF
1 EA Manhole Adjustments (Special
Provisions)
Per EA
2,225 SY Subsurface Separation Fabric
(P-669-5.1)
Per SY
742 CY Subbase Course (P-154-5.1)
Per CY
247 CY Crushed Aggregate Base Course
(P-208-5.1)
Per CY
2.8 TON Bituminous Prime Coat (P-602-5.1)
Per TON
328 TON Bituminous Surface Course (P-401-8.1)
Per TON
23 TON Bituminous Material, Asphalt Cement -
PG 58-28 (P-401-8.2)
Per TON
65 LF 6ft Chain Link Fence - Relocate
(F-162-5.1)
Per LF
1 EA Chain Link Fence — Cantilever Slide
Gate (F-164-5.1)
Per EA
♦ ' Y
The following constants and contingency factors have been used as the basis for quantities in this Proposal:
Unclassified Excavation (P-152) Actual cut volumes.
Subbase Course (P-154) Pay to neat lines only, unless footprint is changed by Engineer.
Crushed Agg. Base Course (P-208) Pay to neat lines only, unless footprint is changed by Engineer.
Agg. for Bit. Surface Course (P-401) 110#/sy-in + no contingencies
Portland Cement Concrete Pay to neat lines only, unless footprint is changed by Engineer.
Pavement (P-501)
Bituminous Material (PG58-28) 7.0% by weight of total bituminous surface course. To be
adjusted by mix design.
Prime Coat (P-602) 0.35 gaUsy @ 251 gal/ton + no contingencies
(this item may be waived by the Engineer / 12)
Coal Tar (P-625) 0.1 gaUsy x 2 applications
Pavement Markings (P-620) Area on Plans with no contingencies
Some bid items @ 1/2 rate of 230 sf/gal
Some bid items @ full rate of 115 sf/gal
Soil Sterilant (P-631) Entire Pavement Perimeter x 1-ft wide, plus 3-ft diameter
around taxiway reflectors. Application rate of 7.5 gal/acre
(undiluted) + no contingencies
The undersigned Bidder further agrees to furnish the required bonds and to enter into a Contract for the work
awarded to him within 10 consecutive calendar days from and including the date of his acceptance of this
Proposal.
The Bidder further agrees that, if awarded the Contract, they will
Commence Work: Work under this project is anticipated to start in June 2005.
The Contractor is not required to commence work until a
Notice to Proceed is issued. The Contractor will commence
work within 10 calendar days after the date of the "Notice to
Proceed," and further agrees to,
Complete Work: within 45 calendar days from and including the date authorized
in the Notice to Proceed.
Enclosed herewith is a in the amount of
($ ) which the undersigned agrees is to be forfeited to and become the
property of the City of Kalispell as liquidated damages, should this Proposal be accepted and the Contract
awarded to him and he fail to enter into a contract in the form prescribed and to furnish the required bond
within 10 days as above stipulated, but otherwise, the check or bid bond shall be returned to the undersigned
upon the signing of the contract and delivery of the approved bond to the Owner.
The Bidder certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its
PROPOSAL PAGE 6
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 or any lower tier participant is unable to
certify to this statement, it shall attach an explanation to this proposal.
The Bidder shall complete the following "Certification of Nonsegregated Facilities," 'Disadvantaged
Business Enterprise Utilization" and "Bidder's Statement on Previous Contracts Subject to EEO
Clause."
(VERSION0
1. A Certification of Nonsegregated 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 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 the following 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 TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED
- CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH
ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE)
The Federally -assisted construction contractor certifies that he will not maintain or provide, for his employees,
any segregated facilities at any of his establishments and that 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 he will not maintain or provide, for his employees, segregated facilities at
any of his establishments and that 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 his 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 lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated on a basis of race, color, religion, or national origin because of
habit, local custom, or any other reason. The Federally -assisted construction contractor agrees that (except
where he has obtained identical certifications from proposed subcontractors for specific time periods) 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 he will retain such
certifications in his files.
PROPOSAL PAGE 7
DETERMINATION OF RESPONSIVENESS IN MEETING THE GOALS OF THE
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
To be eligible for award of this contract, the Bidder must execute and submit as part of his/her bid these DBE
requirements. Award of the contract will be conditioned upon satisfaction of the Sponsor's requirements as set
forth below:
(a) The Schedule of Participation by DBE Firms and Disadvantaged Business Enterprise Utilization shall
be used to determine whether the Bidder has complied with the DBE goals. Bids that do not contain a
schedule, or bids containing a schedule that is incomplete, shall be considered as nonresponsive and
shall be rejected. Bids submitted by certified DBE firms will be considered to have met the DBE
contract goals.
Contract Goals: The bidder will not be required to reach a specific DBE goal for this project. The Owner's
DBE Goals will be reached through race -neutral means. The bidder shall submit:
1. The names, addresses of DBE firms that will participate in the contract;
2. A description of work that each DBE will perform;
3. The dollar amount of the participation of each DBE firm;
4. Written and signed document of commitment to use the DBE subcontractor whose participation it submits
to meet a contract goal in the form of the "Letter of Intent";
5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the
prime contractor's commitment.
6. If the bidder fails to meet the contract goal, evidence of good faith efforts, as described below shall be
submitted.
A bidder who fails to meet these requirements and who cannot show good faith effort will be considered non-
responsive.
(b) The successful Bidder shall be selected on the basis of having submitted the lowest bid, which has met
the DBE goals. Should the low and otherwise responsive Bidder fail to meet the contract goal,
responsiveness shall be determined on the basis of good faith efforts taken to attain the contract goal.
The apparent successful Bidder will be required to submit documentation of the efforts it made. The
Sponsor will then determine whether these are "good faith efforts."
The following actions, by the bidder, are generally considered a sign of good faith effort. This list is
not exclusive or exhaustive, but should be used as a guide in determining good faith effort:
1. Attendance at pre -bid meetings scheduled to inform DBE's of the project.
2. Advertisement in general circulation, trade association and minority focus media concerning
subcontracting opportunities.
3. Written notice to DBE's allowing sufficient time for reply.
4. Follow up of initial solicitation.
5. Section of portions of the work likely to be performed by DBE's.
6. Provide interested DBE's adequate information for bidding.
7. Negotiation with interested DBE's.
8. Assist interested DBE's with bonding; insurance; credit; or in obtaining equipment, supplies,
and materials.
9. Use of minority contractors' groups and minority business assistance offices.
c) The Contractor must also submit a "bidders list" of subcontractors offering quotes on this project. The
bidder shall submit the name, address, description of work being done, DBE status, age, and gross
receipts of all firms bidding or quoting subcontracts on DOT -assisted projects. The attached form
`- may be used to report this information.
PROPOSAL PAGE 8
d) The City of Kalispell will use the certification standards of Subpart D of part 26 and the certification
,__ procedures of Subpart E of part 26 to determine the eligibility of firms to participate as DBEs in DOT -
assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards.
We will make our certification decisions decision based on Montana Department of Transportation
acceptance.
The certification application form and documentation requirements are found in the Montana
Department of Transportation's DBE program as Attachment A. This can be found at
http://www.mdt.state.mt.us/scripts/Cntrct/contract.pl
For information about the certification process or to apply for certification, firms should contact:
Debbie Riemann at the Montana Department of Transportation Civil Rights office (406)
444-6337.
Disadvantaged Business Enterprise Utilization: The undersigned has satisfied the requirements of the
specifications in the following manner (please check the appropriate space):
The Bidder is committed to a minimum of % DBE utilization on this project and reached
them through race -neutral means.
Contractor:
By:
Signature
Address:
Phone Number: Zip Code:
Title
PROPOSAL. PAGE 9
Name of Bidder's Firm:
Bidder's Address:
City: State: _
Name of DBE Firm:
Address -
Zip:
City: State: Zip:
Telephone (including area code):
Description of work to be performed by DBE Firm:
Bidder intends to utilize the above -named minority firm for the work described above. The estimated
amount of work is valued at $
If the above -named bidder is not determined to be the successful bidder. the Letter of Intent shall be null
and void.
(copy this page for each minority subcontractor)
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The Bidder (proposer) has _ has not ^ participated in a previous contract subject to the nondiscrimination
clause prescribed by Section 202 of Executive Order No. 11246 dated September 24, 1965.
The Bidder (proposer) has _ has not _, submitted compliance reports in connection with any such contract
as required by applicable instructions.
If the Bidder (proposer) has participated in a previous contract subject to the nondiscrimination clause and has
not submitted compliance reports as required by applicable instructions, the Bidder (proposer) shall submit
Standard Form 100 (for federal construction contracts) with the Bid or Proposal indicating current compliance.
(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 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 60
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, material men, and suppliers in the performance of this contract, except
those-
(1) that the U.S. 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 U.S. 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.
(End of Clause)
PROPOSAL PAGE 13
r,
By submitting a bid/proposal 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, is produced in the United States (as defined in the clause Buy
American - Steel and Manufactured Products or Buy American B 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 Engineer lists of articles, materials, and supplies excepted from this
provision.
PRODUCT 3
PROPOSAL PAGE 14
The Bidder hereby certifies (a) that this bid is genuine and is not made in the interest of, or on behalf of, any
undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid; (c) at he has not solicited or induced any person, firm or
corporation to refrain from bidding; and (d) that he has not sought by collusion or otherwise to obtain for
himself any advantage over any other bidder or over the City of Kalispell.
And, further certifies that he is not presently working beyond the contract time, including authorized
extensions, on any previously awarded Montana public contract project.
DATED AT , MONTANA this day of 2005
Firm Name
Signature _
Name & Title
Address
Internal Revenue Service Employer Identification Number
The Bidder acknowledges receipt of the following Addenda:
Contractor's Montana Registration Number
F:WRPORTSWILISPELL C17T•2003WORTH END SURFACING surfacing-specAPROP-3.doc
PROPOSAL PAGE 15
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THIS CONTRACT, made as of the day of , 2005, by and between City of Kalispell, Montana
hereinafter called the Owner/Sponsor, and , hereinafter called the
Contractor, that said Contractor, if a corporation organized under any laws of any state or other jurisdiction
other than the State of Montana, represents that it is licensed and registered to do business in the State of
Montana as provided by Title 35, Chapter 1, Part 10, Montana Code Annotated.
WITNESSETH:
THAT WHEREAS the Owner/Sponsor intends to complete North End Surfacing Improvements
hereinafter called the Project, in accordance with the Drawings, Specifications and other Contract Documents
prepared by Robert Peccia & Associates, Consulting Engineers, hereinafter called the Engineer and as such
designated by the parties hereto as an agent for the Owner/Sponsor to protect the interests of the
Owner/Sponsor and to insure that the Contractor's work is done in full compliance with the terms of the
contract,
NOW THEREFORE, the Owner/Sponsor and Contractor for the considerations herein set forth, agree as
follows:
THE CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment, tools and services
necessary to perform and complete in a workmanlike manner all work required for the construction of the
Project included in the following units and items of the Proposal, in strict compliance with the Contract
Documents herein mentioned, which are hereby made a part of the Contract:
a. Contract Time. Work under this Contract shall be commenced upon written notice to proceed, and
shall be completed within 45 calendar days of the commencement of the Contract Time as defined in
the General Provisions.
b. Liquidated Damages. Subject to the Special Provisions, the Owner/Sponsor shall be entitled to
liquidated damages for each calendar day delay in the completion of the Contract.
Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the Contract
Documents. The Contract Documents shall not be construed as creating any contractual relation
between any subcontractor and the Owner/Sponsor.
THE OWNER/SPONSOR AGREES to pay, and the Contractor agrees to accept, in full payment for the
performance of this Contract, the Contract Amount of:
based on the prices stipulated in the Proposal and in accordance with the provisions of the Contract
Documents.
a. Progress Payments. Progress payments will be made in accordance with the General Provisions.
CONTRACT DOCUMENTS: The term "Contract Documents" as used herein shall mean and include the
General Provisions hereto attached and the documents listed in Paragraph 10.13 of said General Provisions, all
of which are by this reference incorporated into and made a part of this Contract. In the event that any
provision of one Contract Document conflicts with the provision of another Contract Document, the provision
in that Contract Document first listed below shall govern, except as otherwise specifically stated:
CONTRACT PAGE1
a. Contract (this instrument)
b. Performance and Payment Bond
C. Addenda to Contract Documents:
d. Legal and Procedural Documents:
Proposal
Proposal Guaranty
Information for Bidders
Advertisement for Bids
e. Special Provisions
f. Drawings
g. Detailed Specification Requirements
(Technical Specifications)
h. General Provisions
AUTHORITY AND RESPONSIBILITY OF THE ENGINEER: All work shall be done under the general
surveillance of the Engineer. The Engineer shall decide any and all questions that may arise as to the quality
and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings
and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the
Contractor. In acting in this capacity under this Contract, the Engineer is verifying that the Contractor's work is
done in full compliance with the terms of this Contract, and this service does not include direction or
supervision of the Contractor's employees, agents or subcontractors, or the inspection of any of the equipment,
installations, temporary shoring, or any other of the Contractor's operations or those of his subcontractors to
safeguard their agents or employees or the general public, or to prevent damage to public or private property,
this being the sole responsibility of the Contractor.
SAFETY PROVISIONS: It is a condition of this Contract, and shall be made a condition of each subcontract
entered into pursuant to this Contract, that the Contractor and any subcontractor shall not require any laborer or
mechanic employed in performance of the Contract to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous to his health or safety, as determined under construction safety
and health standards, Title 29, Code of Federal Regulations, Part 1518, 36 F.R. 7340, promulgated by the
United States Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety
Standards Act, 82 Stat. 96.
The Contractor shall be responsible for identifying and meeting all safety standards that are applicable to this
project. The Contractor shall hold harmless the Owner/Sponsor and the Engineer from any claims made as a
result of the Contractor's responsibilities in this regard.
Wel W-U.
A.I.P. PROJECT
The work in this contract may be included in an A.I.P. Project, which is to be undertaken and accomplished
by the City of Kalispell, Montana in accordance with the terms and conditions of a grant agreement to be
entered into between the Owner/Sponsors and the United States, under the Airport and Airway Development
Act of 1970, as amended (84 Stat. 219), and FAR Part 152 (14 CFR Part 152), pursuant to which the United
States will agree to pay a certain percentage of the costs of the project that are determined to be allowable
project costs under that Act. The United States is not a party to this contract and no reference in this contract to
the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the
United States, by the contract, makes the United States a party to this contract.
PAGE 2 CONTRACT
CIVIL, RIGHTS ACT OF 1964, TITLE VI B 49 CFR PART 21
CONTRACTUAL REQUIREMENTS
(VERSION 1,1/5/90)
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor 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 maybe amended from time to time (hereinafter referred
to as the Regulations), which are herein incorporated by reference and made a part of this contract.
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 in 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.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (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 it has made to obtain the information.
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.
6. 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 shall 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 noncompliance. Provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the 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.
CONTRACT PAGE 3
AIRPORT
GENERAL CIVIL RIGHTS PROVISIONS
(VERSION 1, .0
The contractor/tenant/concessionaire/lessee 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 benefiting 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 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.
INSPECTION OF RECORDS B 49 CFR PART 18
(VERSION 1,1/5/90)
The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, the Comptroller
General of the United States shall have access to any books, documents, paper, and records of the contractor
which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts,
and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes
final payment and all other pending matters are closed.
�.
(VERSION90
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. Information regarding these
rights is available from the FAA and the Sponsor.
SANCTIONS B ,. CFR PART 18
(VERSION0
Any Violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in
the suspension or termination of this contract or such other action which may be necessary to enforce the rights
of the parties of this agreement.
DBE REQUIRED STATEMENTS - 49 CFR Part 26
(11/19/01)
Policy: It is the policy of the Department of Transportation (DOT) that Disadvantaged Business Enterprises
(DBE's) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE
requirements of 49 CFR Part 26 apply to this agreement.
DBE Obligation: 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
PAGE 4 CONTRACT
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: The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than seven days from the receipt of each payment the prime
contractor receives from the recipient. The prime contractor agrees further to return retainage payments to each
subcontractor within seven 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 recipient. This clause applies to both DBE and non -DBE subcontractors.
Contract Goals: The bidder shall subcontract xxx.xx percent of the dollar value of the total amount of a DOT -
assisted contract to qualified DBE contractors. The Proposal shall contain the following:
1. The names, addresses of DBE firms that will participate in the contract;
2. A description of work that each DBE will perform;
3. The dollar amount of the participation of each DBE firm;
4. Written and signed document of commitment to use the DBE subcontractor whose participation it
submits to meet a contract goal;
5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the
prime contractor's commitment.
6. If the bidder fails to meet the contract goal, evidence of good faith efforts, as described below shall be
submitted.
A bidder who fails to meet these requirements and who cannot show good faith effort will be considered non-
responsive.
Good Faith Effort: The following actions, by the bidder, are generally considered a sign of good faith effort.
This list is not exclusive or exhaustive, but should be used as a guide in determining food faith effort.
1. Attendance at pre -bid meetings scheduled to inform DBE's of the project.
2. Advertisement in general circulation, trade association and minority focus media concerning
subcontracting opportunities.
3. Written notice to DBE's allowing sufficient time for reply.
4. Follow up of initial solicitation.
5. Selection of portions of the work likely to be performed by DBE's.
6. Provide interested DBE's adequate information for bidding.
7. Negotiation with interested DBE's.
8. Assist interested DBE's with bonding, insurance or credit.
9. Use of minority contractors' groups and minority business assistance offices.
Good Faith Efforts are due at time of Bid Opening if Contractor was unable to meet the advertised
contract goal.
Bidders List: The Bidder shall submit the name, address, DBE status, age, and gross receipts of all firms
bidding or quoting subcontracts on DOT -assisted projects. All Bidders wishing to remain in competition for
the Contract shall complete both the Disadvantage Business Enterprise Utilization and the Bidders List
included in the Proposal. Agreements between a Bidder and a DBE in which the DBE promises not to provide
subcontract quotations to other Bidders are prohibited. The DBE Certification shall be completed prior to bid
opening.
CONTRACT PAGE 5
TRADE RESTRICTION CLAUSE B 49 CFR PART 30
(VERSION 1,1/5/90)
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 of nationals of a foreign country on said list;
c. has not procured any product or 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
30.17, no contract shall 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
making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title
18, United States Code, Section 1001.
PAGE 6 CONTRACT
INELIGIBILITY,1 TOL41TAK7 EACLIVS101JU. . .
(VERSION 1, 90
The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, or 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.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515
VETERAN'S PREFERENCE
(VERSION 1, 1/5190)
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. However, this preference shall apply only where
the individuals are available and qualified to perform the work to which the employment relates.
(VERSION 1, 90
1. The 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.
2. 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.
3. 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.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the
contractor had not so failed, the termination shall be deemed to have been effected 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.
5. 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.
CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS
(VERSION 1,1/5/90)
Contractors and subcontractors agree:
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.
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C.
CONTRACT PAGE 7
1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et 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.
DAVIS BACON REQUIREMENTS - 29 CFR PART 5
(VERSION 1,1/5/90)
(1) Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29
CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under (1)(ii) of this section)
and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics 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 determinations; 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.
PAGE 8 CONTRACT
(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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140).
(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 and authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140).
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B)
or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary
of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations
under the plan or Program. (Approved by the Office of Management and Budget under OMB Control Number
1215-0140).
(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 contact with the same prime contractor, or any
other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of
the wages required by the contract, the Federal Aviation Administration may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
CONTRACT PAGE 9
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
l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially feasible, 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. (Approved by the Office of Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017).
(ii) (A) The contractor shall submit weekly, for each week in 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)(i) above. This information may be submitted in any
form desired. Optional Form WH-347 is available 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 for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control
Number 1215-0149).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the
contractor of 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)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
PAGE 10 CONTRACT
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this
section available for inspection, copying or transcription by authorized representatives of the Sponsor,
the Federal Aviation Administration or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails to
submit the required records or to make them available, the Federal agency may, after written notice to
the contractor, sponsor, applicant or owner, take such, action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for 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 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 amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
j ourneyman 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
CONTRACT PAGE 11
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall 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 not 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 the Copeland Act Requirements. The contractor shall comply with the requirements
of 29 CFR Part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR Part 5.5(a)(1) through (10) and such other clauses as the 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 and paragraphs (1) through (5) of the next section below may be grounds for termination of the
contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in
this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor's firm is a person or rum ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,18 U.S.C. 1001.
PAGE 12 CONTRACT
CONTRACT WORK HOURS A11D SAFETTSTAADT7LF1_2'5
ACT REQUIREMENTS B 29 CFR PART R
(VERSION a 0
(1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess
of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the
clause set forth in paragraph 1 above, the contractor or any subcontractor responsible therefore shall be liable
for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph
1. above, in the sum of $10 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph 1 above.
(3) Withholding for Unpaid Wages and Liquidated Damages. 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 any monies payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph 2 above.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier
contracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4.
(5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in
the performance of any contract to work in surroundings or under working conditions that are unsanitary,
hazardous or dangerous to his health or safety as determined under construction safety and health standards (29
CFR Part 1926) issued by the Department of Labor.
EQUAL, EMPLOYMENT OPPORTUNITY B 41 CFR PART 60-1.4(b)
(VERSION 1,1/5/90)
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor 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
CONTRACT PAGE 13
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 he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, as
amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to 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 will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
PAGE 14 CONTRACT
NOTICESi BE POSTED PER PARAGRAPHS
OF i CLAUSE B 41 CFR PART 60
(VERSION90
Equal Employment Opportunity is the Law B Discrimination is Prohibited by the Civil Rights Act of 1964 and
by Executive Order No. 11246 Title VH of the Civil Rights Act of 1964 B Administered by:
The Equal Employment Opportunity Commission
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or
more employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies,
and by Joint Labor -Management Committees for Apprenticeship or Training.
Any person who believes he or she has been discriminated against should contact:
The Office of Federal Contract Compliance Programs
U.S. Department of Labor
Washington, D.C. 20210
i i i MIZOW0Xff,1V I D1 1;
1. A Certification of Nonsegregated 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 Federally -assisted construction contract awards exceeding $10,000 which are not
exempt form 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 $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.
The Federally -assisted construction contractor certifies that he will not maintain or provide, for his employees,
any segregated facilities at any of his establishments and that 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 he will not maintain or provide, for his employees, segregated facilities at
any of his establishments and that 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 his 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 lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated on a basis of race, color, religion, or national origin because of
habit, local custom, or any other reason. The Federally -assisted construction contractor agrees that (except
where he has obtained identical certifications from proposed subcontractors for specific time periods) 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 he will retain such
certifications in his files.
CONTRACT PAGE 1S
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTIO11
CONTRACT . ". 6
(VERSION 1, 90
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"
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations through membership and participation or
community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan
for those trades which have unions participating in the Plan. 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 of 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 7a through
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 of Federally -assisted construction contract shall apply the minority and female goals established for
PAGE 16 CONTRACT
the geographical area where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance
Programs office or from Federal procurement contracting officers. The contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the
contractor has a collective bargaining agreement to refer either minorities or women shall excuse the
contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated
pursuant thereto.
6. In order for the nonworking 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 it 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 the
referred, not employed by the contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the
contractor has a collective bargaining agreement was not referred to the contractor a minority person or
female sent by the contractor, or when the contractor has other information that the union referral process
has impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs, especially those programs funded or approved by
the Department of Labor. The contractor shall provide notice of these programs to the sources compiled
under 7b above.
CONTRACT PAGE 17
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all
minority and female employees at least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the 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 as superintendents, general foremen, etc., prior to the initiation of construction work at any job site.
A written record shall be made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the contractor's EEO policy with other 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.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do
not have a discriminatory effect by continually monitoring all personnel and employment related activities
to ensure that the EEO policy and the contractor's obligations under these specifications are being carried
out.
n. Ensure that all facilities and company activities are nonsegregated 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.
PAGE 18 CONTRACT
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor
union, contractor community, or other similar groups of which the contractor is a member and participant, may
be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided
that the contractor actively participates in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the contractor's minority and female workforce participation, makes a good faith effort
to meet its individual goals and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the
contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular
group is employed in a substantially disparate manner (for example, even though the contractor has achieved
its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority
group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may
be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. 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 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 these requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to ensure
that the company 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).
CONTRACT PAGE 19
' III iM
.. 11i
(a) The Contractor agrees that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (b)
below.
(b) The following terms apply to this clause:
1. Steel and manufactured products. As used in this clause, steel and manufactured products
include (1) those 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 60
percent of the cost of all its components and final assembly has taken place in the United States.
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.
(End of Clause)
PAGE 20 CONTRACT
1. The contractor agrees to furnish a performance bond for 100% of the contract price. This bond is one
that is executed in connection with a contract to secure fulfillment of all the contractor's obligations under such
contract.
2. The contractor agrees to furnish a payment bond for 100% of the contract price. This bond is one that
is executed in connection with a contract to assure payment as required by law of all persons supplying labor
and material in the execution of the work provided for in the contract.
AGREEMENTS
The Contractor certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit
Standard Form-LLL, 'Disclosure of Lobby Activities," in accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CONTRACT PAGE 21
SUCCESSORS AND ASSIGNS: The Contract and all of the covenants hereof shall insure to the benefit of
and be binding upon the Owner/Sponsor and the Contractor, respectively, and his partners, successors, assigns
and legal representatives. Neither the Owner/Sponsor nor the Contractor shall have the right to assign or
transfer his interests or obligations hereunder without written consent of the other party.
IN WITNESS WHEREOF, the parties have made and executed this Contract the day and year first above
written.
OWNER/SPONSOR CONTRACTOR
City of Kalispell
By: By:_
City Manager
Title:
P.O. Box 1997
312 15L Avenue East
Business Address
Kalispell, MT 59903-1997
City State, Zip
Business Address
City State, Zip
The foregoing Contract, including all Contract documents which are a part thereof, is in due form
according to law, and is hereby approved. In addition, I have personally reviewed the Contractors
Performance Bond, Payment Bond and Certificates of Insurance and find them to be in compliance with
City of Kalispell's requirements.
City Attorney
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PAGE 22 CONTRACT
/�►[yDo1911)r117
KNOW ALL PERSONS BY THESE PRESENTS:
That, , a corporation, hereinafter called 'Principal", and
(Surety), hereinafter called "Surety", are
held and firmly bound unto City of Kalispell, hereinafter called "Owner/Sponsor" in the total aggregate penal
sum of
($ ), in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Contractor has, by written Agreement dated , entered into a Contract
with the Owner/Sponsor in accordance with the Drawings and Specifications prepared by Robert Peccia &
Associates, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the
"Contract. "
NOW THEREFORE, the condition of this obligation is such that, the Performance Bond will remain in full
force and effect for a period of one year after final payment to the Contractor has been made under this
Contract.
The Surety hereby waives notice of any alteration or extension of time made by the Owner/Sponsor and
stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to
work to be performed thereunder or the Specifications accompanying the same shall in any way affect its
obligation on this Bond.
PROVIDED FURTHER, it is expressly agreed the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing
the contract price more than 20%, so as to bind the Principal and the Surety to the full and faithful performance
of the Contract so amended. The term "amendment", wherever used in this Bond and whether referring to this
Bond, the Contract, or the Loan Documents, shall include any alteration, addition, extension, or modification
of any character whatsoever.
Whenever the Contractor shall be, and shall be declared by the Owner/Sponsor to be, in default under the
Contract, and the Owner/Sponsor having performed the Owner/Sponsor's obligations thereunder, the Surety
may promptly remedy the default or shall promptly:
Complete the Contract in accordance with its terms and conditions, or
Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
determination by the Surety of the lowest responsible Bidder, or if the Owner/Sponsor elects, upon
determination by the Owner/Sponsor and the Surety jointly of the lowest responsible bidder, arrange
for a contract between such Bidder and Owner/Sponsor, and make available as work progresses (even
though there should be a default or a succession of defaults under the contract or contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the contract price", as used in this paragraph, shall mean the total amount payable by the
Owner/Sponsor to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the Owner/Sponsor to the Contractor.
PERFORMANCE BOND PAGE 1
Any suit under this bond must be instituted before the expiration of two years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond or to or for the use of any person or corporation other than the
Owner/Sponsor named herein or the heirs, executors, administrators or successors of the Owner/Sponsor.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one
of which shall be deemed an original, this day of , 20
ATTEST:
SURETY:
ATTEST:
Title
Title
Surely companies executing Bonds must appear on the Treasury Departments most current list (Circular 570,
as amended) and be authorized to transact business in the state where the project is located.
FAAMPORTAKALISPELL CITY-200ANORTH END SURFACING\surfacing-specs\PERFORM.doc
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PAGE 2 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That a, corporation, hereinafter called "Principal",
and (Surety), hereinafter called "Surety", are
held and firmly bound unto Cityof Kalispell, hereinafter called "Owner/Sponsor", and unto all persons, firms,
and corporations, who or which may furnish labor, or who furnish materials to perform as described under the
Contract and to their successors and assigns in the total aggregate penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
The condition of this obligation is such that whereas the Principal entered into a certain Contract with the
Owner/Sponsor, dated , a copy of which is attached hereto and made a part hereof, for the
construction of: Airport Improvements to Kalispell City Airport.
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations
furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and
any authorized extensions or modifications thereof, including all amounts due for materials, lubricants, oil,
gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such work, and for all labor cost incurred in such work including that by a subcontractor, and to
any mechanic or materialman lienholder whether the lien is acquired by operation of State or Federal law; then
this obligation shall be void, otherwise it shall remain in full force and effect.
PROVIDED, the beneficiaries or claimants hereunder shall be limited to the subcontractors and persons, firms,
and corporations having a direct contract with the Principal or its subcontractors.
PROVIDED, FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any way effect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of this Contract, or to the
work or to the Specifications.
PROVIDED, FURTHER no suit or action shall be commenced hereunder by any claimant: (a) unless claimant,
other than one having a direct contract with the Principal, shall have given written notice to any two of the
following: The Principal, the Owner/Sponsor, or the Surety above -named, within 90 days after such claimant
did or performed the last of the work or labor, or furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials
were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing
the same by registered mail or certified mail, postage prepared, in an envelope addressed to the Principal,
Owner/Sponsor, or Surety, at any place where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer; (b) after the expiration of one year
following the date of which Principal ceased work on said Contract, it being understood, however, that if any
limitation embodied in the Bond is prohibited by any law controlling the construction hereof, such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by law.
PAYMENT BOND PAGE 1
PROVIDED, FURTHER it is expressly agreed that this Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing
the contract price more than 20%, so as to bind the Principal and the Surety to the full and faithful performance
of the Contract as so amended. The term "amendment," wherever used in this Bond and whether referring to
this Bond, the Contract or the loan documents, shall include any alteration, addition, extension or modification
of any character whatsoever.
PROVIDED, FURTHER, no final settlement between the Owner/Sponsor and the Contractor shall abridge the
right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in
deemed an original, this
ATTEST:
SURETY:
ATTEST:
day of
PRINCIPAL:
By:
Title
LM
Title
counterparts, each of which shall be
20
Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570,
as amended) and be authorized to transact business in the state where the project is located.
F AMPORT.AKALISPELL CITY-2003WORTH END SURFACINGwu{facing-specAPAYMENT.doc
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PAGE. 2 PAYMENT BOND