CITY OF HAWTHORNE
AGREEMENT FOR CONSULTANT SERVICES
THIS CONSULTANT AGREEMENT is made and effective as of December 13th, 2022 between the City of Hawthorne, a municipal corporation ("City" and C&S Engineering. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on December 13th, 2022, and shall remain and continue in effect on an as needed basis unless sooner terminated pursuant to the provisions of this Agreement.
SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full as part of its services.
Consultant may be asked to provide additional services if necessary during the term of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant hall employ, at a minimum, generally accepted standards and practices utilize y persons engaged in providing similar services as are required of Consultan hereunder in meeting its obligations under this Agreement.
4. PAYMENT
(a) The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on services indicated in Exhibit A of this Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Chief of General Services and Public Works. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Chief of General Services and Public Works and at the time the Airport/Airport Lighting and Signage Project
City's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
6. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Chief of General Services and Public Works or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
Airport/ Airport Lighting and Signage Project 2
OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant.
INDEMNIFICATION
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
INSURANCE
A) Consultant shall maintain in-force: Public Liability and Professional Liability Insurance. During the term of this Agreement, Consultant shall maintain in full force and affect a policy of public liability insurance with minimum coverage of $1,000,000 in accordance with the requirements provided by CITY to Consultant. Consultant shall also maintain in-force; Professional Liability Insurance (and/or Errors & Omissions Insurance) with minimum limits of liability of $1,000,000 combined single limit Airport/Airport Lighting and Signage Project 3
coverage against an injury, death, loss or damages because of wrongful or negligent acts or omissions by the named insured B) Contractor shall maintain in-force Workers' Compensation and Employer's Liability Insurance as required by the California Labor Code. Evidence of coverage shall take the form of a Certificate of Insurance or a California Certificate to Self-Insure. Acceptable minimum limits for this coverage are: Workers' Compensation; Statutory in California; Employer's Liability: $1,000,000.
C) Certificates of Insurance. Contractor shall furnish to Customer evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policys) meets the following requirements: (1) The City, its officers, employees, and agents shall be named as additional insured on the General Liability Insurance; (2) Insurance shall not be canceled or terminated without 30 days written notice to City; (3) General Liability shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance; (4) Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance as stipulated in this Agreement and all amendments thereto.
10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
Airport/Airport Lighting and Signage Project
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and gulations which in any manner attect those employed by it or in any way atte e performance of its service pursuant to this Agreement. The Consultant shall all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Hawthorne in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Hawthorne will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
Airport/Airport Lighting and Signage Project 5
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City because of the personal nature of the services to be rendered pursuant to this Agreement.
16. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent Airport/Airport Lighting and Signage Project 6
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF HAWTHORNE: CONSULTANT:
XEME
By: _
AKBAR FAROKHI LANCE MCINTOSH, PE
Director of Public Works
City of Hawthorne Title: Service Group Manager
C&S Engineers, Inc.
APPROVED AS TO FORM: ATTEST:
Paul Ding
City Attorney City Clerk
City of Hawthorne City of Hawthorne
Airport/Airport Lighting and Signage Project 7
EXHIBIT A
Proposal
Airport/Airport Lighting and Signage Project 8
C&S
COMPANIES HAWTHORNE MUNICIPAL AIRPORT
TASK ORDER NUMBER 1
TO: Guido Fernandez
Administrative Analyst
Hawthorne Municipal Airport
City of Hawthorne
RE: Airfield Electrical Upgrades Project
FILE: K44.004.001
1. AUTHORIZATION REQUEST:
In conformance to your instructions, and in accordance with the Agreement between the City of Hawthorne (SPONSOR) and C&S Engineers, Inc. (CONSULTANT) for providing professional services, for a time and material basis not to exceed for design services. This project will consist of five Elements. Element 1 will include replacing the taxiway edge lights. Element 2 will include replacing the runway edge lights. Element 3 includes replacing all the runway and taxiway signage and changing the taxiway naming conventions. Element 4 includes replacing the beacon.
Element 5 includes installing obstruction lights on power poles adjacent to the airport property.
2. DESCRIPTION OF SERVICES:
As per Schedule 'A' Design Scope of Services
As per Schedule 'B' Assumed Time and Materials at a fixed not to exceed fee
3. SPONSOR'S RESPONSIBILITIES:
SPONSOR shall provide a written response (either authorizing or denying) within two business days of a request by CONSULTANT to provide services.
4. PERIOD OF SERVICES:
This Task Order shall be in effect for one year from the date of execution or when the fee total is expended, whichever comes first.
5. PAYMENTS:
Payments shall be made on a time and material basis in accordance with the agreed rates on the schedule B and or most current approved CONSULTANT rate schedule. The time and material fixed fee not to exceed (NTE) for this Task Order is $544,782.81. Any items requested by FAA or sponsor outside of the scope of work will be considered as an amendment. 1 6. GENERAL CONSIDERATIONS:
The CONSULTANT designates Richard Graham, P.E. as the person who will be responsible for the services rendered by the CONSULTANT for the Project.
Your signature, in the space provided below, will signify approval of the terms and conditions of this request which, together with the basic Agreement and Attachments identified below will constitute Task Order No. 1.
Please return this executed Task Order, which shall constitute your authorization to proceed, to our office together with the executed attachments.
Very truly yours,
CONSULTANT: SPONSOR:
C&S ENGINEERS, INC. CITY OF HAWTHORNE
Signed: Signed: _
By: Lance McIntosh, P.E. By: Akbar Farokhi
Title: Service Group Manager Tide: Director of Public Works Dated: 11-28-22 Dated: 12-13-22
2 SCHEDULE A
SCOPE OF WORK
Project Title: Airfield Electrical Upgrades Project
Airport Name: Hawthorne Municipal Airport
Services Provided: Design and Bidding Services
Project Description:
The CONSULTANT shall provide required services to design the Airfield Electrical Upgrades project (the "Project"). The Project will be performed and designed by the SPONSOR with grant assistance from the Federal Aviation Administration (FAA).
The design of this project will be divided into five Elements to align with FAA work groups and the format in which the project will be advertised. The separation of items will be as follows:
Element 1:
1. Replacement of Taxiway Edge Lighting Fixtures.
Replace the taxiway edge fixtures, and associated cable and transformers. Wherever necessary evaluate the condition of the base cans and associated conduits and determine the replacement of the base can at locations necessary. At several locations the existing light fixtures are in-pavement and should be elevated edge light fixtures. This work may include replacement of the base cans.
Project will include plans and specifications to upgrade the existing taxiway edge lighting system.
Replace all taxiway lighting circuiting cable as required. Project will include plans and specifications to develop existing as-builts, circuiting, and all of the existing taxiway lighting cable.
2. Airfield Lighting Vault Modifications:
Project will replace all existing Constant Current Regulators (CCRs) in the airfield lighting vault.
The work will include analysis of existing power distribution including associated backup power, if applicable. Project will include plans and specifications to upgrade the existing airfield lighting vault.
3. Airfield Lighting Control System Modifications:
Project will replace the existing ALCS hardware and software including modifications in the airfield lighting vault and ATCT. This work will include an additional computer, mobile system to be situated in the airport manager office to control/monitor the system. The upgrade will include an automated system that will measure the insulation resistance of the cable and provide/generate alarms as needed.
Element 2
Replacement of Runway Edge Lighting Fixtures:
Replace the runway edge, threshold/end light fixtures, and associated cable and transformers. Wherever necessary evaluate the condition of the base cans and associated conduits and determine the replacement of the base can at locations necessary. Project will include plans and specifications to upgrade the existing runway edge lighting system. Replace all runway lighting circuiting cable as required. Project will include plans and specifications to develop existing as-builts, circuiting, and all of the existing runway lighting cable.
F: \Project\K44- City of Hawthorne, CAIK44.004.001 Lighting & Signage Design Agreements HHR - Elec Upgrades Schedule A.docx 03/13 Element 3
Airfield Signage
Project will replace all of the existing airfield signage in the entire airfield. This work will include placement of the signs. transformers, and as needed the airtield guidance sign foundations and renamın Il taxiways to conform to the naming convention proposed in the current ALP. The work will also includ any drainage modifications required by the new guidance signs. Replace all airfield signage circuiting cable as required. Project will include plans and specifications to develop existing as-builts, circuiting, and all of the existing airfield signage cable.
Element 4
Rotating Beacon
Project will replace the existing airfield beacon, including a new mounting pole and foundation and any necessary conduit. Replace all beacon circuiting cable as required. Project will include plans and specifications to develop existing as-builts, circuiting, and all of the existing beacon cable.
Element 5
Obstruction Lighting
1. Perform evaluation of the current 20:1/visual obstacle identification surface that will be in place following the implementation of the new RNAV (GPS) Rwy 7 approach on 03NOV22. Evaluate the current FAA procedures design, a field confirmation of any existing obstruction lighting in the vicinity of the poles and coordination with SCE regarding their current policy and ability to install obstruction lighting directly on their power poles.
2. Design an obstruction lighting solution that protects the two SCE power poles that are penetrating the runway 7 visual obstacle identification surface (20:1). In the event that new obstruction lighting needs to be installed that is not attached to the power poles, CONSULTANT will coordinate the design of the lighting solution with both the FAA ADO, Flight Procedures and Flight Standards teams.
3. Coordinate with the FAA to restore the nighttime instrument approach operation on runway 7.
4. Site visits, progress meetings and stakeholder interactions throughout the course of the project.
Services to be provided by the CONSULTANT shall include civil and electrical engineering services, as applicable, required to accomplish the following items ("Basic Services"):
TASK 1. ADMINISTRATION PHASE (ELEMENT 1)
The CONSULTANT shall aid the SPONSOR by acting as its liaison and Project coordinator with FAA and during the Project's design. In addition, the CONSULTANT shall assist the SPONSOR in the preparation of paperwork required to secure funds for the Project. The specific services to be provided or furnished for this Phase of the Project are the following:
1. During the Design Phase, to aid the Sponsor by acting as its liaison and Project coordinator with the funding agency.
2. Preparation of grant application packages; coordination of their execution by the sponsor; and submission to the funding agencies.
3. Prepare quarterly progress reports for submission to the FAA.
4. Prepare Independent Fee Estimate information to assure all FAA compliance for airport sponsor.
5. Review the current Airport Layout Plan (ALP) to ensure the project is consistent with the
6. Schedule coordination - consultant shall provide continued coordination so that project schedules are met for each phase of work included in this contract. Particular phases of design may be delayed F: Project K44- City of Hawthome, CALK44.004.001 Lighting & Signage DesignlAgreements HHR - Elec Upgrades Schedule A.doex 03/13 by the FAA review process.
7. Perform general project management tasks including internal design meetings, SPONSOR coordination, invoicing, and monthly project status reports.
TASK 2. SCHEMATIC DESIGN PHASE (30%) (ALL ELEMENTS)
The Schematic Design Phase is intended to identify and evaluate alternatives to provide cost-effective and practical solutions for the work items identified. The CONSULTANT will evaluate alternatives through contacts with local authorities, review of the pre-application, field investigations, and a practical design approach. The Project's design will take advantage of local knowledge and experience and will utilize expertise from recent construction projects in an effort to design a cost-effective Project. The specific services to be provided or furnished for this Phase of the Project are the following:
1. (Element I) Schedule and conduct a pre-design meeting with the SPONSOR and FAA to review the scope of services and become familiar with the Project requirements and operational concerns during the Project's construction.
2. (Element 1) The airport does not have existing as-built CADD backgrounds of the airfield lighting system. The project team will perform an extensive site investigation to open (a) base cans and assess the condition of the base can to determine if it's going to be replaced, (b) determine the airfield lighting circuitry, (c) ascertain the condition of the light fixtures, and (d) evaluate the condition and as built of the ALCS and existing vault. The field investigation will be summarized into a condition assessment document and existing condition drawings.
3. (Element 1) Prepare a Categorical Exclusion environmental document, including the collection and review of available documents such as published wetland maps, soil conservation survey maps, and previous master plan and environmental archacological studies, to identify potential impacts the Project may have on the environment.
4. (Element 5) Evaluation of the Current Visual OIS Rwy 7 and Coordination with SCE a. Analyze the latest visual obstacle identification surface (20:1) and begin coordination with SCE regarding their interest/ability to install or permit obstruction lighting on top of any power poles found to be penetrating the visual OIS surface.
5. (Element 5) Visual OIS and Instrument Approach Analysis a. Analyze the existing 20:1 visual obstacle identification surface associated with the new RNAV (GPS) Rwy 7 approach scheduled for publication on 03NOV22. This work will be performed in LEAN's local instances of GPD and TARGETs platform using draft information provided by the FAA Western Flight Procedures Team to HHR The analysis performed in this subtask will result in a table of obstacles, their existing mitigations, any remaining mitigations, and a map representing their locations within the traditional 20:1 areas for runway 7. Supporting imagery from the site inspection will also be supplied in accordance with this task.
6. (Element 5) Field Investigation
a. Once the obstructions are identified CONSULTANT will work with HHR to perform a field investigation to identify existing obstacle lighting in the vicinity of the power poles and soenial opporuniies for on, or off, airport pawer to be used för the obstruction listing The field investigation will verify if existing obstruction lighting is intact and operating according to FAA standards and will include photographs and notes from the personnel involved in the field investigation. Any information collected about potential on or off F: Project\K44- City of Hawthorne, CA\K44.004.001 Lighting & Signage Design Agreements HHR - Elec Upgrades Schedule A.docx 03/13 airport power will also be documented in a word document summarizing the field investigation findings.
Visual OIS for both runway 07 and 25. 3-D KML files of the instrument procedures, and their OCS, will also be generated to support in stakeholder coordination.
7. (Element 5) SCE Coordination
a. CONSULTANT will work with HHR to contact SCE stakeholders responsible for the power poles to examine the following possibilities:
i. Can SCE install obstruction lighting on their poles? ii. Can SCE permit the airport to install obstruction lighting on their poles with an independent power feed?
iii. What are the SCE costs and timelines associated with the obstruction lighting installation on the poles
iv. If obstruction lighting can not be installed on the poles:
1. Can the power poles be relocated or buried?
2. Can the airport install an obstruction light abeam, or above, the power poles? If so, how far away from the powerlines must the lights be installed?
8. (Element 5) Design of Obstruction Lighting Solutions CONSULTANT will develop schematic design documents for the airport for the installation and implementation of airport owned obstruction lighting solutions. CONSULTANT will support the airport with stakeholder management and design review of any non-airport owned obstruction lighting solutions.
This will include the following subtasks:
a. Obstruction Lighting Design On SCE Poles.
CONSULTANT will provide schematic 30%, 90% and 100% drawings for airport owned obstruction lighting solutions that would need to be implemented on airport property. This would include drawings for the lighting unit location, possible power source, and associated mast and equipment specifications.
b Non-Airport Owned, or Off Airport Obstruction Lighting Design Review CONSULTANT will work with HHR, and other municipal stakeholders, to evaluate obstruction lighting designs for implementation off airport property. This could include assistance in obtaining and reviewing drawings for new obstruction lighting and/or modifications to existing obstruction lighting already installed on buildings off airport. c Construction Safety Phasing Plan
CONSULTANT will develop a construction safety phasing plan to assist with the construction of the obstruction lighting solution. CONSULTANT will create a draft document for review by project stakeholders, including HHR, C&S, FAA and SCE CONSULTANT will then submit the CSPP via the FAA 7460 process for full FAA stakeholder review and approval.
CONSULTANT does not anticipate the need for any SMS review associated with this project and there are no hours or effort associated with FAA SMS meetings/presentations in this scope.
F: Project\K44- City of Hawthorne, CA\K44.004.001 Lighting & Signage Design/Agreements\HHR - Elec Upgrades Schedule A.docx 03/13 implementation of the obstruction lighting solution. This will include meeting organization (including meeting minutes), email exchanges and direct communication between FAA flight aeronautical databases, updates to instrument flight procedures, and the cancellation/issuance of NOTAMs as required.
10. (All Elements) Prepare preliminary Contract Drawings (approximately 30% complete) providing sufficient detail for review of design concepts by the SPONSOR and the FAA for the following items:
a. Taxiway Lighting (Element 1)
b. Runway Lighting (Element 2)
c. Airfield Signage (Element 3)
d. Rotating Beacon (Element 4)
e. Obstruction Lights (Element 5). Include drawings for the lighting unit location, possible power source, and associated mast and equipment specifications for airport owned obstruction lights.
CONSULTANT will work with HHR, and other municipal stakeholders, to evaluate obstruction lighting designs for implementation off airport property. This could include assistance in obtaining and reviewing drawings for new obstruction lighting and/or modifications to existing obstruction lighting already installed on buildings off airport.
11. (All Elements) Prepare general specifications and preliminarily develop technical specifications expected to be required for the proposed work.
12. (Element 1) Develop a draft construction phasing and operations plan (CSPP) that endeavors to limit interference by the Project's construction with airport and tenant operations, in accordance with FAA advisory circular 150/5370-2 (current edition). Submit this document to FAA program manager for concurrence per Advisory Circular.
13. (All Elements) Prepare schematic opinion of probable construction costs for each major element of the Project.
14. (All Elements) Prepare written design report documenting items such as design concepts, assumptions, and alternative designs. Identify conflicts with or deviations from FAA standards for design items, and request a waiver from the FAA, if necessary, utilizing the FAA Modification of Airport Design Standards form.
15. (All Elements) Submit sufficient copies of preliminary design documents to the SPONSOR and the FAA for their review and comment.
16. (All Elements) Schedule and conduct a 30% design review meeting to discuss and resolve SPONSOR and FAA comments.
TASK 3. DRAFT FINAL DESIGN PHASE (90%) (ALL ELEMENTS)
The services to be performed during this Phase consist generally of services required to furnish the SPONSOR with a set of Draft Final Plans, Specifications, and Engineer's Report.
The specific services to be provided or furnished for this Phase of the Project are the following:
1. Update taxiway lighting designs. (Element 1)
2. Update ALCS and electrical vault equipment designs. (Element 1) F: Project\K44- City of Hawthome, CA\K44.004.00| Lighting & Signage DesignlAgreements\HHR - Elec Upgrades Schedule A.docx 03/13
3. Update runway lighting designs. (Element 2)
4. Update taxiway guidance sign designs. (Element 3)
S. Update rotating beacon design. (Element 4)
6. Update obstruction lighting design (Element 5)
7. Prepare Draft Final Contract Drawings.
8. (All Elements) Update General Specifications and prepare written Technical Specifications for all construction materials and installations.
9. (Element 1) Update construction phasing and operations plan.
10. (All Elements) Update opinion of probable construction costs for each major element of the Project.
11. (All Elements) Update design report to be consistent with the final design.
12. (All Elements) Update draft CSPP based on preliminary design and load into FAA OE/AA System.
13. (All Elements)Submit both the construction safety phasing plan and 7460 form electronically to the FAA.
14. (All Elements) Finalize CSPP and include in Specifications and on the Contract Drawings.
15. (All Elements) Submit draft final documents electronically to the SPONSOR and FAA for final review and comment. Schedule and conduct draft final review meeting with the SPONSOR to discuss and resolve final comments.
TASK 4. FINAL DESIGN PHASE (100%) (ALL ELEMENTS)
The services included under this Phase shall generally consist of services required to furnish the SPONSOR with a complete set of Contract Documents for the Project, including Final Plans, Specifications, Engineer's Design Report, and opinion of probable construction costs. Services to be performed or furnished during this Phase may include revising the preliminary submittal information to comply with SPONSOR comments and then completion of the final design. Plans and Specifications, suitable for unit price bidding, will be completed; final design will be coordinated with the SPONSOR; and a complete set of bid documents will be furnished to the SPONSOR. A final opinion of probable construction cost and the final Design Report will also be prepared and submitted. A final Construction Phasing and Operations Plan will be included as part of the specifications.
The specific services to be provided or furnished for this Phase of the Project are the following:
1. Finalize taxiway lighting designs. (Element 1)
2. Finalize ALCS and electrical vault equipment designs. (Element 1)
3. Finalize runway lighting designs. (Element 2)
4. Finalize taxiway guidance sign designs. (Element 3)
5. Finalize rotating beacon design. (Element 4)
6. Finalize obstruction lighting design (Element 5)
7. Prepare Final Contract Drawings (All Elements).
8. (All Elements) Perform a detailed quantity takeoff of all bid items to be included on the Contract Drawings and in the General Specifications of the Contract Documents.
9. (All Elements) Finalize General Specifications and prepare written Technical Specifications for all construction materials and installations. Finalize construction phasing and operations plan and F: Project\K44- City of Hawthorne, CAIK44.004.001 Lighting & Signage DesignlAgreementsHHR - Elec Upgrades Schedule A.doex 03/13 include in Specifications.
10. (All Elements) Prepare final opinion of probable construction costs based upon the actual bid items and quantity takeoffs.
11. (All Elements) Finalize design report to be consistent with the final design.
12. (All Elements) Finalize construction phasing and operations plan and submit 7460 Notice of Proposed Construction form through FAA's OE/AAA portal website.
13. (All Elements) Submit final documents electronically to the SPONSOR and FAA to obtain approval to advertise.
14. (Element 1) Schedule and conduct draft final review meeting with the SPONSOR and FAA to discuss and resolve final comments. Page turn review meeting with FAA, City and Consultant to assure design comments area addressed.
EXCLUSIONS
1. Obstruction and glare analysis for new beacon. It is assumed that a new, potentially brighter, fixture on the existing pole will not adversely impact the airport or surrounding properties.
Bidding services
END OF SCHEDULE
F:ProjecrIK44- City of Hawthorne, CALK44.004.001 Lighting & Signage Design Agreements HHR - Elec Upgrades Schedule A.docx 03/13 C&S ENGINEERS, INC.
ARCHITECTURAL/ENGINEERING
WORK SUMMARY
PROJECT. Arfield Electrical Upgrades (Element 1 - Taviay Lighing) SERVICES Decion
Cry of Hauthorne
CUENT MGR: Guido Fernandez
• Engineer / Project dedical togne atre Aesatare
PHASE BREC SERVOES SY
HOURS COSTS TOTALS
10,916.80| S
2. Schematic Design Phase 30% 169
Pre Design Kickolf Meeting 4182078 43300741
8437.50
repare Catex Docume 24,4630 $4,429.04
Prepire 30% Tanway Lawne Contract Drawints & Create Backtround As-Bulls 7.0760 57060 87 632 01
Prepare dratt CStP ww A 36.676.48 $6.676.43
Prepare Schematic Opinion of Probabie Construction Costs $5,316.00 $5,316.00 Culty Contre Review and Revitons $3,682.28
Submit Schematic Documents for Review
Schematic Design Review Meeting 31,093.16 $1,641.12
3. Draft Final Design Phase (90%) 80| 78,764.32| $78,764.32| $23.273.20
Update ALCS and Electrical Vault Design: 80 532,11/A4 552,217.94 3852.10
4A con t $4.990.63
52.325.12
Update Opinion of Probable Construction Costs 210809/
Culty Contre Review ad Rentond $2,394.64 $2,394.64
Submit Oraft Final Documents for Review
Oralt Final Review Meeting 5931.75 5937-75
4. final Desien Phase 58.739,43 | $58,739.43
Finalize Taxiway Lighting Desig 103 $18.,773.20
Finalize ALCS and Electrical Vault Designs ~ = 83 515,3369 $13,83656 Preore Final Contract Drawings
Finalize General and Technical Specifications $2,979.54 32.972.54 5681.00
Finalize Opinion of Probable Construction Costs $1.023,03 Finalite Detim Recor 51.401.2 51 40121
Quality Control Review and Revisions $1,750.82 $1,750.82 S4.463.72 $4,463.72
All Tasks Total Base Bidi 144 306 220,934.56 487.50| S 271206
C&S ENGINEERS, INC
ARCHITECTURAL/ENGINEERING
WORK SUMMARY
PROJECT: Airfield Electrical Upgrades (Element 2 - Runway Lighting SERVICES: Desigr
CLIENT: City of Hawthorne
CLIENT MGR: Guido Fernandez
Lean Engineering C&s Engineers, Inc.
Senior Aeronautical Engihoer • fenior Designer reject Enginee leonage Engines Manager SERVES b
COSTS OTHEAS TOTALS
2. Schematic Desien Phase (30%) 10 208 32,847.27 5] 532,847.27 Prepare 30% Contract Drawings & Create Background As-Builts $20,586.80 $20,586.80 Prepare Schematic General and Technical Soecifications $4,250.16 $4,250.16 Prepare Schematic Opinion or Probs a cons ruction Cost $2,500.72 $2,500.72 Prepare Schematic Design Report $1,077.72 $1,077.12
Quality Control Review and Revisions 4 $2,394.64 $2,394.64 машан оношо aus auons l $1,107.07 $1,107.07
Schematic Design Review Meeting $930.16 $930.16
3. Draft Final Design Phase 90%) 25 2 34,629.13$ $34,629.13 11 53,844.16 53,844.16
Update Runway Lighting Designs
Prepare Draft Final Contract Drawings $22,311.36 $22,311.36 $1,963.08 $1,963.08
Update Opinion of Probable Construction Costs $1,681.44 $1,681.41 Update Design Report $1,188.60 $1,188.60
Quality Control Review and Revisions $1,750.82 $1,750.82 Submarinemensor Kanas $959.51 $959.51
Draft Final Review Meeting $930.16 $930.16
4. Pinal Design Phase 1007) 2 27,147.60$ $27,147.60
Finalize Runway Lighting Designs $3,844.16 $3,844.16
Prepare Final Contract Drawings 40 $17,052.40 $17,052.40 $1,963.08 $1,963.08
Finalize Opinion of Probable Construction Costs $876.51 $876.51 Finalize Design Report $701.12 $701.12
2 $1,750.82 $1,750.82
Submit Final Documents $959.51 $959.51
All Tasks Total (Bid At. 1) 73 260 18 30 26 593 94,624.00$ 94,624.00
C&S ENGINEERS, INC
ARCHITECTURAL/ENGINEERING
WORK SUMMARY
PROJECT: Airfield Electrical Upgrades (Element 3 - Airfield Signage) SERVICES: Design
CLIENT: City of Hawthorne
CLIENT GR: Guido Fernandez
Lean Engineering C&S Engineers, Inc.
Senior Aeronautical Engisco: Protect Engineer
SERVICES BY
COSTE OTHERS TOTALS
380201E132221 10E
2. Schematic Design Phase (30%) 88 10 26,577.64 5 $26,577.64 Prepare 30% Airfield Signage Contract Drawings & Create Background As-Builts $18,225.84 $18,225.84 Prepare Schematic General and Technical Specifications NaNW $2,154.48 $2,154.48 Prepare Schematic Opinion of Probable Construction Costs $1,453.36 $1,453.36 Prepare Schematic Design Report $930.16 $930.16
Quality Control Review and Revisions 4 -N- $2,394.64 $2,394.64 Submit Schematic Documents for Review $489.00 $439.00
schematic Desen Keview Meeung $930.16 $930.16
Sabratrinal besten Phase Suz 15 4 27,951.85$ $27,951.85 Update Airfield Signage Designs • 8 = y $4,005.20 $4,005.20 Prepare Draft Final Contract Drawings $16,293.44 $16,293.44 Upcate General and technical Specilicatom $996.24 $996.24 note amon one cane consen bast $1,347.02 $1,347.02
Update Design Report $1,402.24 $1,402.24
Quality Control Review and Revisions 4 $2,394.64 $2,394.64 Submit Draft Final Doruments for Review $582.91 $582.91 Draft Final Review Meeting $930.16 $930.16
19,520.17 $ $19,520.17
Finalize Airfield Signage Designs $9,214.08
Prepare Final Contract Drawings $4,806.16 $4,806.16
Finalize General and Technical Specifications $876.51 $876.51 Sina re Opinion or Probable Construction Coste $876.51 $876.51 Finalize Design Report $553.56 $553.56
Quality Control Review and Revisions $1,428.91 $1,428.91 Submit Final Documents 31.76444 $1,764.44
All Tasks Total (Bid Alt. 2) 50 119 213 18 30 26 471 74,049.66S 74,049.66
C&S ENGINEERS, INC
ARCHITECTURAL/ENGINEERING
WORK SUMMARY
PROJECT: Airfield Electrical Upgrades (Element 4 - Beacon) SERVICES: Design
CLIENT: City of Hawthorne
CLIENT MGR: Guido Fernandez
Lean Engineering C&S Engineers, Inc.
Engineer in Project Engister he Months Engineer
SERVICES BY
TOTALS
шов клі 3001
2. Schematic Design Phase (30%) 13 34 99 16,887.92 5 516,887.92 Prepare 30% Beacon Contract Drawings & Create Background As-Builts $9,492.08 $9.492.08 Prepare Schematic General and Technical Specifications $2,500.72 $2,500.72 Prepare Schematic Opinion of Probable Construction Costs $1,024.07 $1,024.07 Prepare Schematic Design Report $930.16 $930.16
Quality Control Review and Revisions $1,427.82 $1,427.82 Submit Schematic Documents for Review $582.91 $582.91
$930.16 $930.16
3. Draft Final Design Phase (90%) 2 24,608.035 $24,608.03 Update Beacon Design 59,639.44 59,639.44
Prepare Draft Final Contract Drawings $6,053.92 $6,053.92 Update General and Technical Specifications $3,844.16 $3,844.16 Update Opinion of Probable Construction Costs $876.51 $876.51 Update Design Report $876.51 $876.51
Quality Control Review and Revisions $1,427.32 $1,427.82 Submit Draft Final Documents for Review $959.51 $959.51 bratt Final Review Meetine $930.16 $930.16
4. Final Design Phase (100%) 19,857.57 5 $19,357.57
Finalize Beacon Design 59,214.08 $9,214.08
Prepare Final Contract Drawings $4,122.16 $4,122.16
Finalize General and Technical Specifications $1,372.84 $1,372.84 Finalize Opinion of Probable Construction Costs $970.42 $970.42 Finalize Design Report $1,306.76 $1,306.76
Quality Control Review and Revisions $1,105.91 $1,105.91 Submit Final Documents $1,765.40 $1,765.40
All Tasks Total (Bid Alt. 3) 47 5 126 131 22 22 368 61,353.52 $ Is 61,353.52 C&S ENGINEERS, INC.
ARCHITECTURAL/ENGINEERING
WORK SUMMARY
PROJECT: Artield Electrical Upgrades (Element 5 - Obstruction Lights) SERVICES: Desion
CLIENT: City of Hawthorne
CLIENT MGR: Guido Fernendez
Lean Engineering C&s Engineers, Inc.
macipal Engineer / Project Senior Aeronautical Engineer Senior Elecascal Engineer Senior Designer 'roject Engineer St. Project Engineer ingineer Il SERVICES B
TOTALS
MAlE
2. Schematic Design Phase (30%) 21 54,289.17 $ $54,289.17 Evaluation of the Current Visual OIS Rwy 7 and Coordination with SCE Visual OIS and Instrument Approsch Analysis $8,315.84 $8.315.89 SCE Coordination 40 $10.497.60 $10,497.60
Son continstion
Additional OB Light Meetings 05 = $5.994.08 55,994.08
Prepare 30% Contract Drawings & Create Background As-Builts Prepare Schematic General and Technical Specifications $2,745.68 $2,745.68 Prepare Schematic Opinion of Probable Construction Cost: S930.16 5930.6 Prepare Schematic Design Report $553.56 $553.56
@unlity Contro Review and Revisions SA27A8 S.427.87
Submit Schematic Documents for Review $1,013.16 $1.013.16 Schematic Design Review Meeting $1,252.07 $1,252.07
3. Draft Final Design Phase (90%) $25,554.47
Update Obstruction Lighting Designs = "8 $11,145.84 $11,145.84 renate banana cadmine
Update General and Technical Specifications $1,372.84 $1,372.34 Update Design Report $1,107.12 $1.107.12
Quality Control Review and Revisions $1,427.82
Submit Draft Final Documents for Review $959.51 $959.51 Draft Final Review Meeting $1,104.51 $1,101.51
4. Final Design Phase (100%) $13,489.93
Finalize Obstruction Lighting Designs $5,682.01 $5,682.01 Finalize General and Technical Specifications $1,372.84 $1,372.84 no ma nines of Preh he contaction for. $876.51
Finalize Desien Report $553.56 $553.56
Quality Control Review and Revisions $1,427.82 $1,427.82 Submit Final Documents $959.51 $959.51
All Tasks Total (Bid Alt. 4) 50 80 135 445 93,333.57 S 93,333.57
C&S CONSULTING/ENGINEERING
COMPANIES
COST SUMMARY
SCHEDULE "B"
PROJECT NAME: Airfield Electrical Upgrades (All Elements) DATE: 11/28/2022 PROJ DESCRIPTION: Design AVE: G&S ENGINEERS, INC.
CLIENT: City of Hawthorne
CLIENT MANAGER: Guido Fernandez
1. DIRECT SALARY, OVERHEAD & PROFIT COSTS:
RATE OF PAY
TITLE ($/HR) HOURS COST
A. Principal Engineer / Project Manager 376.60 364 = $137,082.40 B. Senior Aeronautical Engineer $ 321.91 118 = $37,985.38 C. Senior Electrical Engineer 214.63 X 346 = $74,261.98 D. Engineer Ill 147.56 632 = $93,257.92
E. Engineer I 114.39 80 = $9,151.20
F. Engineer 1 93.91 X 1073 = $100,765.43
G. Administrative Assistant 83.00 X 22 $1,826.00
H. Senior Designer 139.00 84 = $11,676.00
1. Project Engineer 184.00 183 = $33,672.00
J. Sr. Project Engineer 222.00 164 = $36,408.00
K. Managing Engineer 239.00 23 = $5,497.00
L. Consultant $ 122.00 8 = $976.00
M. Principal Consultant 196.00 4 = $784.00
N. Director 238.00 4 $952.00
TOTAL ESTIMATE OF LABOR: $544,295.31
II. ESTIMATE OF DIRECT EXPENSES:
A. TRAVEL, BY AUTO (Lean):
$187.50
B. TRAVEI, BY AUTO (C&S) 2о ната і та на: мо
TOTAL ESTIMATE OF DIRECT EXPENSES: $ 487.50
III. TOTALS:
TOTAL RATE BASIS ENGINEERING SERVICES: $544,782.81
B-1
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance overage and policy limits set forth in this section constitute the minimum amount o overage required. Any insurance proceeds available to City in excess of the limits an coverage required in this Agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability Coverage. Consultant shall maintain in-force Professional Liability Insurance (and/or errors & Omissions Insurance) for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
Airport/ Airport Lighting and Signage Project
XHIBIT C
FEDERAL CONTRACT PROVISIONS
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE
EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 16.9%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-
4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order Airport/ Airport Lighting and Signage Project 10
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is California, Los Angeles County, City of Hawthorne.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Airport/Airport Lighting and Signage Project 11
TITLE VI SOLICITATION NOTICE:
The City of Hawthorne, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will 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 will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
Airport/Airport Lighting and Signage Project 12
Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND
AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin; 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 US § 6101 et seq.) (prohibits discrimination on the basis of age);
Airport/Airport Lighting and Signage Project 13
Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles Il and Ill of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 - 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Airport/Airport Lighting and Signage Project 14
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
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 subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Airport/Airport Lighting and Signage Project 15
COPELAND "ANTI-KICKBACK" ACT
Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage Airport/Airport Lighting and Signage Project 16
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification if known), or their representatives, and the contracting officer agree on the •lassification 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, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 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.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does 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.
Airport/Airport Lighting and Signage Project 17
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to 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 site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(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 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, 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 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social Airport/Airport Lighting and Signage Project 18
security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) 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) 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.
(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 Airport/Airport Lighting and Signage Project 19
the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or it a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 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 Airport/Airport Lighting and Signage Project 20
Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 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 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
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 Airport/Airport Lighting and Signage Project 21
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 firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING
DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at
website: http://www.sam.gov.
Collecting a certification statement similar to the
Certification of Offerer /Bidder Regarding Debarment,
above.
Inserting a clause or condition in the covered
transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
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DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) -
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-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 Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime contractor receives from City of Hawthorne.
The prime contractor agrees further to return retainage payments to each subcontractor within 7 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 City of Hawthorne. This clause applies to both DBE and non-DBE subcontractors.
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.
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ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620let seq).
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate agaınst 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, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, 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 procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as Airport/ Airport Lighting and Signage Project 24
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 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 vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
STANDARD FEDERAL EQUAL EMPLOYMENT
OPPORTUNITYCONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin;
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
Airport/ Airport Lighting and Signage Project 25
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 part 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 or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 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 or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Airport/Airport Lighting and Signage Project 26
Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
Airport/Airport Lighting and Signage Project 27
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 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 non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
Airport/ Airport Lighting and Signage Project 28
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (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 the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 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 Airport/Airport Lighting and Signage Project 29
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).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor - Wage and Hour Division.
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal 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 undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in Airport/Airport Lighting and Signage Project 30
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this 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.
PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom.
The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor - Occupational Safety and Health Administration.
Airport/Airport Lighting and Signage Project 31
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR $401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX
DELINQUENCY AND FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (V) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is () is not (X) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
2) The applicant represents that it is ( ) is not (X) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.
Airport/Airport Lighting and Signage Project 32
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twentyfour
(24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under 18
U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
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TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non- performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the Airport/Airport Lighting and Signage Project 34
control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror -
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms Airport/Airport Lighting and Signage Project 35
published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
CALTRANS Review and Approval. On projects involving State Airport Development Agreements, CALTRANS shall approve all plans and specifications prior to bid advertisement. In addition, all change orders shall also be approved by CALTRANS Airport/Airport Lighting and Signage Project 36