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"Request for Proposal" "Request for Proposal" Document Transcript

  • MARCH JOINT POWERS AUTHORITY City of Moreno Valley • City of Riverside • City of Perris • Riverside County “REQUEST FOR PROPOSAL” for Construction of an Electrical Vault and Fencing Project Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA March Inland Port Airport Authority March Inland Port Airport Riverside, CA September 21, 2007 Submittal Deadline – October 16, 2007 at 3 pm (PST) Mailing Address Delivery Address P. O. Box 7480 3430 Bundy Ave, Suite #107 Moreno Valley CA 92552 Riverside CA 92518-1504 TEL (951) 656-7000 FAX (951) 653-5558 gosliga@marchjpa.com
  • March Joint Powers Authority (JPA) hereby invites you to submit a proposal to construct an Electrical Vault and Fencing/Access Gate at March Inland Port Airport, Riverside, CA. Award of contract is also subject to certain Federal provisions found on Attachment “D”: I. INTRODUCTION AND HISTORY OF THE MARCH JOINT POWERS AUTHORITY With the announcement of base realignment at March Air Force Base (“March AFB”), the adjacent jurisdictions immediately formed a joint powers authority. March Joint Powers Authority (“JPA”) is a public entity created by a Joint Powers Agreement for the purpose of addressing the use, reuse, and joint use of realigned March AFB. The four individual public entities that cooperatively formed the JPA are the cities of Perris, Moreno Valley and Riverside, and the County of Riverside. The JPA was created by separate resolutions of the four jurisdictions in September 1993. The JPA is governed by the March Joint Powers Commission (“JPC”). This Commission is the decision and policy making body for the Authority. It consists of eight elected officials (two from each of the four jurisdictions). In addition to completing the organizational requirements of initiating a new governmental jurisdiction, the JPA quickly assumed the leadership position in looking toward the future of March AFB, as was designated by the federal government as the Local Redevelopment Agency (“LRA”). In mid-1993, President Clinton signed the Base Closure and Realignment Plan. This plan was the culmination of the Base Closure and Realignment Commission's work earlier in the year. The plan contained the action of realignment of March AFB from an active duty facility to a reserve base. Under this action, a portion of the base will be maintained for use by the United States Air Force Reserves, other military reserve units, and the California Air National Guard. The realignment became effective on April 1, 1996. The changes to the base have resulted in a significant impact to the local economy. The impacts were measured in direct loss of military and civilian jobs, loss of contract spending by the base, and loss of indirect economic activity as a result of the realignment. The opportunity that was created relates to surplus land and buildings that were not required for use by the Department of Defense (“DOD”) or other federal agencies. Planning and implementing new uses for vacant lands, reuse of existing facilities and joint use in cooperation with the Reserves is the challenge to the JPA. The construction of the electrical vault and fencing project (“Project”) is one step in the JPA’s re-use plan. II. PROJECT DESCRIPTION Building 1306 is an abandoned guard building at the entrance to the site. Bldg 1306 will be converted into an electrical room to provide power to existing aircraft ramp high-mast lighting and adjacent future fuel facility. This project will be constructed using Federal Aviation Administration Military Airport Program grant funds. The construction of the aircraft ramp lighting and fuel facility are not included in this work.
  • III. SCOPE OF REQUIRED SERVICES (PROJECT DURATION ESTIMATE – 60 DAYS) a. b. Additional Services
  • The JPA may elect, at any time, to amend any contract awarded hereunder to require the selected firm to provide additional services. In this case, the selected firm and the JPA will agree mutually on the scope and fees associated with any additional services. c. Term. The initial term of the Agreement will be from the effective date of the Agreement through Project completion. The term of the Agreement may be extended, at the sole discretion of the JPA. IV. MINIMUM RFP SUBMITTAL REQUIREMENTS Instruction to Bidders:  Proposal Requirements and Conditions are consistent with Section 20 AC 150/5370-10 (available for review at www.faa.gov )  Award and Execution of Contract will be in accordance with Section 30 AC 150/5370-10 (available for review at www.faa.gov )  Items A-T below are available for review at http://www.faa.gov/airports_airtraffic/airports/aip/procurement/federal_contract_provisions/ Interested parties must submit an original proposal and four (4) copies in response to this Request for Proposals (“RFP”). After award, a contract for Construction, the Agreement, between the successful firm and the JPA will be executed. All proposals shall address the following items in the order listed below and shall be categorized A through T in the proposal document: A. Description of Firm This section should provide the JPA with information regarding the size, location, nature of work performed, years in business, and approach that will be used in meeting the unique characteristics and needs of the JPA. B. Experience Relative to JPA’s Needs and Anticipated Funding Provide the JPA with a detailed summary of the firm's experience in programming the construction of comparable facilities to the Project, public agency projects and other public works. When listing referenced projects, provide, at a minimum, the following information for each project: (i) Owner's name and address (ii) Overall Facilities Program description, budget and current status (iii) Specific Project name and location (iv) Contact person and telephone number
  • (v) Completion date - Program and specific project(s) (vi) Project cost (vii) Any other information, which may be relevant to the JPA's conditions and requirements. C. Personnel Identify key personnel in the firm and include resumes/vitas of personnel who would be likely to be assigned to JPA projects. Specifically, define the role of each person and outline his/her individual experience. Indicate who would serve as the primary contact for the JPA. If the firm would utilize resources from more than one office, indicate office locations and how work would be coordinated. D. Knowledge of Public Works Construction/Reconstruction Describe the knowledge possessed by members of your firm regarding publicly funded building projects, particularly public works construction. E. Experience with Federal, State and Local Regulatory Agencies Describe the experiences of your firm in working with federal, state, and local government and regulatory agencies. F. Project Plan and Methodology Briefly describe the procedures your construction firm will use in managing each phase of the construction of the Project to insure that the needs of the JPA will be satisfied and that the Project will be completed in a cost effective and timely manner. Use this section to address the ability of your firm to undertake the Project for which you are requesting consideration, keeping in mind the other workload of your office. G. Construction Fees Provide a fee schedule for this project. Be thorough and specific, as this will form the basis of any contract for services that may be presented by the JPA. H. Change Order Data Provide Change Order data from your last five public works projects. Include original estimates of project costs and a brief explanation of the change orders. Explain what steps you take to assure a minimum number of change orders on a project.
  • BIDDER ACKNOWLEDGEMENTS I. DISADVANTAGED BUSINESS ENTERPRISES – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 45 days from the receipt of each payment the prime contractor receives from March Joint Powers Authority. The prime contractor agrees further to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the March Joint Powers Authority. This clause applies to both DBE and non-DBE subcontractors. J. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. References: Airport and Airway Improvement Act of 1982, Section 520 Title 49 47123 AC 150/5100-15, Para. 10.c. K. CIVIL RIGHTS ACT OF 1964, TITLE VI – CONTRACTOR CONTRACTUAL REQUIREMENTS – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
  • 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. References: 49 CFR Part 21 AC 150/5100-15
  • L. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. Reference 49 CFR Part 20, Appendix A M. ACCESS TO RECORDS AND REPORTS – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. References: 49 CFR Part 18.36(i) FAA Order 5100.38 N. TRADE RESTRICTION CLAUSE – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.
  • Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. References: 49 CFR Part 30.13 FAA Order 5100.38 O. TERMINATION OF CONTRACT – CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
  • d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. References: 49 CFR Part 18.36(i)(2) FAA Order 5100.38 P. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION– CONTRACT LANGUAGE Acknowledge this item as it will be inserted in the Agreement – The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. References: 49 CFR Part 29 FAA Order 5100.38 Q. DAVIS-BACON ACT Compliance with Davis-Bacon and related act requirements apply to this project. See Attachment “E”. R. BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic.
  • 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. S. ADDITIONAL INFORMATION Each construction firm is encouraged to provide any additional information or description of resources the firm feels is pertinent to this RFP. Include letters of reference or testimonials. Indicate ongoing commitment to professional education of staff, and total number of permanent employees. T. CERTIFICATION Complete, sign, and date the Certification – Request for Proposal enclosed with this RFP (Attachment “C”). U. QUESTIONS CONCERNING REQUEST FOR PROPOSAL All questions, interpretations or clarifications, either administrative or technical must be requested in writing and directed to the JPA’s contact person named in Section XIII. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. V. REVISION TO THE REQUEST FOR PROPOSAL The JPA reserves the right to revise the RFP until the date specified in Section XIII. Revisions to the RFP shall be mailed to all Proposers who have attended the
  • pre-proposal meeting. The JPA expressly reserve the right to extend the date by which proposals are due. V. ALTERNATIVE PROPOSALS Only one final proposal is to be submitted by each Proposer. Multiple proposals will result in rejection of all proposals submitted by the Proposer. VI. WITHDRAWAL OF RFP The Proposer may withdraw its RFP by submitting a written or facsimile request signed by the Proposer’s authorized representative, prior to the time and date specified for proposal submission to the contact person named in Section XIII. VII RESERVATIONS The JPA reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP. The JPA may reject any or all proposals and may waive any immaterial deviation in a proposal. The JPA’s waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Proposer from compliance with the other provisions of this RFP. VIII. DISPOSITION OF PROPOSALS Proposals become the property of the JPA and may be returned only at the JPA’s option and at the Proposer’s expense. Information, excluding Proposer’s financial information or information which the Proposer has clearly indicated as PROPRIETARY, (and which are proprietary under applicable provisions of the law) contained therein shall become public documents subject to the Public Records Act. IX NON-DISCRIMINATION The JPA does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. X BID GUARANTEE The proposal must include a Bid Guarantee in the amount of 5 % of the Bidder’s total proposed bid. The Bid Guarantee is to be included in the sealed proposal submittal. . (Ref. 49 CFR Part 18.36(h)(1))
  • XI PERFORMANCE BOND A Performance Bond in the equal to the Bidder’s proposal (100%) is required prior to the commencement of the project. (Ref. 49 CFR Part 18.36(h)(2)) XII PAYMENTBOND A Payment Bond in the equal to the Bidder’s proposal (100%) is required at time of contract/ agreement execution. (Ref. 49 CFR Part 18.36(h)(3)) XIII PROCESS AND DEADLINES Time Frame September 21, 2007: RFP Advertisement October 16, 2007: Responses due to the March JPA. Bid Opening at 3 p.m. Week of October 15: Interviews (if necessary). October 17, 2007: Decision by the March Joint Powers Commission. RFP Submittal Deadline 16th day, October, 2007 – 3:00 p.m. (Bid Opening) Please submit an original and four copies of the response. Submission of proposals by facsimile or e-mail is not acceptable. The Proposer is entirely responsible for the means of delivering the proposal to the appropriate office on time. Delays due to internal routing of misdirected proposals or due to verbal directions given by the JPA’s staff shall be the responsibility of the Proposer. The proposal must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. LATE PROPOSALS WILL NOT BE ACCEPTED. Modifications of proposals received after the deadline specified in this section will not be considered. Submit To Mail to: Construction RFP Response “Vault” March Joint Powers Authority Questions P. O. Box 7480 Direct Inquiries to: Moreno Valley, CA 92552 Gary Gosliga, Airport Director or deliver to: March Joint Powers Authority gosliga@marchjpa.com Construction RFP Response “Vault” March Joint Powers Authority
  • Building 3408 Riverside, CA 92518 ATTACHMENT “A” DESCRIPTION OF PROJECT SITE
  • ATTACHMENT “A” DESCRIPTION OF PROJECT SITE Civil Construct a utility trench from Southern California Edison line along Heacock Street to Bldg 1306 while saw cutting existing pavement where required. Remove and replace all concrete curb and gutter and sidewalk, pavement material, miscellaneous concrete, and rip rap (cobble rock) affected by utility trench. Five existing utility lines will need to be removed and capped along the trench alignment. Additional work is to include the construction of a concrete access ramp at the southwest corner of Heacock Street and San Michele and concrete encasement of the SCE line over the channel. AC roadway along San Michele shall be constructed as shown on the plans to mirror the new entrance gate access into the March Inland Port Airport. Automatic Gate/Fence Point of entry to the March Inland Port Airport shall be set back to the Bldg 1306 location. This will require the removal and replacement of chain link fence and removal of existing light poles. A gate operator device, LCD display telephone entry system, sliding gate, and redwood header shall be furnished and installed at the new gate entry location. Electrical Obtain new two new electric services from Southern California Edison (SCE) to Bldg 1306. Provide buried conduit, manholes, pull boxes, and concrete pads for new transformer and two new meter panels. Connection point to SCE is along Heacock Street. From Heacock Street, the new feed runs along the south edge of San Michele to the new meter panels. Coordinate work with SCE and provide equipment per SCE specifications. Provide conduit and wire between meter panels and two new service disconnect switches located on the exterior of Bldg 1306. One switch serves Bldg 1306 and new panels inside the building for building lighting, power and new gate and provisions for power to the adjacent Fuel Farm facilities. The other new service disconnect switch is a double- throw device with receptacle for portable generator. This switch provides power to existing and new panels located on the exterior of the building for the aircraft ramp lighting. Remove lighting and power devices on the interior and exterior of Bldg 1306 and provide new.
  • Provide new telephone service to Building 1306 from the DHL ramp facility. Coordinate with DHL for this work. Provide telephone connection from Bldg 1306 to new entrance gate access control.
  • ATTACHMENT “B” DRAFT CONSTRUCTION MANAGEMENT AGREEMENT Note: Section IV, I-P of this RFP are incorporated into the Agreement as required by the Federal Aviation Administration for Federally Funded Projects
  • March Joint Powers Authority CONSTRUCTION AGREEMENT This Agreement is made and entered into this __ day of _____, 2007 by and between the MARCH JOINT POWERS AUTHORITY, a joint powers agency established under the laws of the State of California ("MJPA"), and ___________ (“Contractor"). MIPAA and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. WITNESSETH: The Contractor and MJPA, for the consideration hereinafter named, agree as follows: 1. Incorporation of Documents. This Agreement includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice to Bidders/Required Bid Forms b. Bidding Requirements c. Bid Proposal/Bid Forms d. Agreement e. Agreement Appendices: Federal Assurances and Certifications Contract Specifications, including: Special Provisions and General Provisions Technical Provisions (under separate cover) The above documents are an integral part of the Agreement documents ("Contract Documents"). In addition to signing this Agreement, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Provisions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the MJPA shall have the right to declare the Agreement unexecuted and to award the Agreement to another Contractor in accordance with state law. 2. Contractor’s Obligation; Scope of Work. A. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
  • adequately complete the Project, including all structures and facilities necessary for the Project or described in the Agreement (hereinafter sometimes referred to as the "Work"). All Work shall be subject to, and performed in accordance with the Contract Documents titled March Inland Port – Vault Fencing Project, FAA Grant Numbers: 3-06-0201-02 &03. 3. Contract Time. A. The Work under this Agreement shall commence following issuance of the Notice to Proceed and shall be completed within the contract time specified in the Special Provisions, section SP-100-3.1, Contract Time. 4. Consideration. A. As consideration for performance of the Work required herein, MJPA agrees to pay Contractor the Total Contract Price of ______________________ ($ 000,000) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms and conditions of this Agreement or written change orders approved and signed in advance by the MJPA. B. The Schedule of Prices hereunder are pursuant to Contractor’s Bid dated October 12, 2007. C. MJPA agrees to pay and the Contractor agrees to accept for full performance of this Agreement, the lump sum agreed upon, or a sum, which is based upon the actual quantities used or constructed in accordance with the Contract Documents or a combination thereof. All measurements will be performed by MJPA’s Engineer or his authorized representative. The sum also includes the cost of all bonds, insurance, permits and fees required herein and all charges, expenses or assessments of whatever kind or character. Claims for services allegedly furnished by Contractor but not specifically provided for herein shall not be honored by MJPA. 4. Liquidated Damages. A. Time is the essence of this Agreement. In view of the difficulty of determining MJPA’s damages caused by late completion the parties hereby agree, fix and determine that the Contractor shall be responsible to pay MJPA liquidated compensatory damages in such amounts and upon such terms as are specified below. B. Contractor agrees that the payment of liquidated damages shall commence on the calendar day after the date fixed for completion including any extensions of additional time which may be allowed in writing. From and after said date, MJPA shall be entitled to deduct and retain said liquidated damages out of any monies which may be due or become due to the Contractor, and MJPA may require the Contractor
  • to pay MJPA liquidated damages for each calendar day after said date until MJPA accepts the project as substantially complete. C. Liquidated damages shall be in the amount of One-Thousand Dollars ($1,000.00) per calendar day. D. After MJPA has accepted substantial completion, liquidated damages shall not accrue while MJPA makes its final inspection and issues the final punch list as specified in the general conditions. The final punch list shall be considered issued on the date it is transmitted by facsimile, hand delivery or received by certified mail. E. If the project remains incomplete 15 calendar days after delivery of the punch list, liquidated damages shall recommence at the 50% of the amount specified. F. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion or after the date to which the time for completion may have been extended, shall in no way operate as a wavier on the part of MJPA of any of its rights under this Agreement. 5. Payment. A. MJPA agrees to pay the Contractor from time to time as the Work progresses, but not more than once each month after date of Notice to Proceed and only upon written certification by the Engineer. Within approximately thirty (30) calendar days of the time the Engineer approves any payment, MJPA will prepare a check for payment. B. MJPA retains Contractor on an independent contractor basis and Contractor is not an employee of MJPA. Any additional personnel performing the work governed by this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. C. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the MJPA at the time of payment. To the extent that title has not previously been vested in the MJPA by reason of payments, full title shall pass to the MJPA at delivery of the Work at the destination and time specified in this Agreement. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the MJPA, nor
  • relieve Contractor from the responsibility to strictly comply with the Agreement, and shall not relieve Contractor of responsibility for any loss of or damage to items. 6. Extra Work. A. It is understood and agreed by the parties hereto that no money will be paid to the Contractor for any new or additional labor or materials furnished, as defined in the General Conditions hereof, unless a new Agreement or modification hereof for such additional materials or labor has been made in writing and executed by MJPA and Contractor. MJPA reserves the right, and without notice to any surety, to modify or amend this Agreement and the total sum due hereunder, either by enlarging or restricting the scope of the work. 7. Inspection. A. The Work will be inspected for acceptance by the Engineer within a reasonable time upon receipt of notice from the Contractor that the work is complete and ready for inspection. 8. Standard of Performance. A. Contractor shall perform all Work under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the MJPA, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the MJPA to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the MJPA, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work. 9. Termination. A. The right of the Contractor to proceed under the terms and conditions of this Agreement may be terminated at the option of MJPA for any reason, including but not limited to any delays in the completion of the Work due to causes not reasonably
  • foreseeable by the parties to this Agreement at the time of execution of the Agreement which are beyond the control and without the fault or negligence of the Contractor, such as acts of God or the public enemy, earthquake, natural floods, and weather of unusual severity such as tornados, cyclones, and other extreme weather conditions. In the event this Agreement is terminated in whole or in part as provided, MJPA may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Agreement is terminated as provided, MJPA may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 10. Completion of Work. A. Completion of the Work shall be performed and documented in accordance with the terms of the Contract Documents. 11. Contract Interpretation. A. Should any question arise regarding the meaning or import of any of the provisions of this Agreement or written or oral instructions from MJPA, the matter shall be referred to MJPA's Representative, whose decision shall be binding upon Contractor. 12. Loss and Damage. A. Contractor shall be responsible for all loss and damage, which may arise out of the nature of the Work agreed to herein in accordance with the terms of the Contract Documents. 13. Bond Requirements. A. Payment Bond. As provided for in the Bidding and Contract Documents, Contractor shall execute and provide to MJPA a Payment Bond in an amount required by the MJPA and in a form provided or approved by the MJPA. No Work may commence and no payment obligations from the MJPA to the Contractor shall accrue until the bond has been received and approved by the MJPA. B. Performance Bond. As provided for in the Bidding and Contract Documents, Contractor shall execute and provide to MJPA a Performance Bond in an amount required by the MJPA and in a form provided or approved by the MJPA. No Work may commence and no payment obligations from the MJPA to the Contractor shall accrue until the bond has been received and approved by the MJPA. 14. Contractor's Labor Certification.
  • A. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “A” and incorporated herein by reference, shall be executed simultaneously with this Contract. 15. Equal Opportunity Employment. A. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 16. Notices. A. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: MJPA Contractor Gary Gosliga P.O. Box 7480 Moreno Valley, CA 92552 B. Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 17. Physical Conditions. A. Exploration and Reports. Reference, when applicable, is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by Engineer in preparation of the Contract Documents. Contractor may rely upon the accuracy of the technical data contained in such reports at the locations where the data was obtained and to the depths indicated, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for Contractor’s purposes. Except as indicated in the immediate preceding sentence, Contractor shall have full responsibility with respect to subsurface conditions at the site.
  • B. If Contractor believes that: (1) any physical condition discovered at the site differs materially from that stated or referred to in the Contract Documents, Contractor shall, within (7) days after becoming aware thereof and before performing any work in connection therewith (except in an emergency as permitted in this Agreement), notify MJPA in writing about the inaccuracy or difference. Contractor’s failure to give such notice shall bar the Contractor from making any claim for additional compensation in connection therewith. C. Possible document change. If Engineer concludes that there is an error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued to reflect the change in the document and the consequences of the inaccuracy or difference. In each such case an increase or decrease in the sum due the Contractor or an extension or shortening of the Project completion time or combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. 18. Emergencies. A. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Engineer, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Engineer determines that change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations. 19. Attorneys' Fees. A. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action. 20. Certification of License. A. Contractor certifies that as of the date of execution of this Agreement, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 21. Records Retention.
  • A. The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of the 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. 22. Rights to Inventions. A. All rights to inventions and materials generated under this contract are subject to regulations issued by the Federal Aviation Administration and the Sponsor of the Federal grant under which this Agreement is executed. 23. Lobbying and Influencing Federal Employees. A. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal Grant and the amendment or modification of any Federal grant. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions which is attached to this Contract as Exhibit “B”. 24. Energy Conservation Requirements A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued incompliance with the Energy Policy and Conservation Act (Public Law 94-163) 25. Insurance Requirements. A. Prior to commencing the performance of any work under this Construction Agreement, the Contractor shall obtain, and shall maintain in full force and effect, each of the required insurance policies with the specified endorsements, as more fully set forth in Exhibit "C" attached to this Construction Agreement and incorporated herein by reference. 26. Revision to Bid Proposal Form - DBE Participation Documents.
  • A. Notwithstanding any other provision contained in the MJPA bid documents or Contract Documents, there is no DBE project goal established for this Project. At this time MJPA will meet the DBE goal on federally assisted projects through race neutral measures. MJPA supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces to DBEs. SIGNATURES ON NEXT PAGE]
  • IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. MARCH JOINT POWERS AUTHORITY COMPANY ******, Executive Director By: Attest: Attest: Classification of Contractor’s License: Approved as to form: _____________________________ Best Best & Krieger LLP MJPA Attorney
  • EXHIBIT “A” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. Company Name By: Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • EXHIBIT “B” LOBBYING CERTIFICATION Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • EXHIBIT "C" INSURANCE REQUIREMENTS As used herein the term "Contract" shall have the same meaning as the term "Construction Agreement." WORKERS’ COMPENSATION INSURANCE The Contractor shall provide, during the life of the Contract, workers’ compensation insurance for all of the employees engaged in work under this Contract, on or at the Project site, and, in case any of sublet work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the MJPA certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the MJPA, if in the form and coverage as set forth below. The insurer shall agree to waive all rights of subrogation against the MJPA, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. EMPLOYER’S LIABILITY INSURANCE Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide MJPA with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions set forth below. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the MJPA. COMMERCIAL GENERAL LIABILITY INSURANCE a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • b. Such policy shall comply with all the requirements of Section 6. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the MJPA, and shall not preclude the MJPA from taking such other actions available to the MJPA under other provisions of the Contract Documents or law. c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the MJPA harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the MJPA as a result thereof. d. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of Contractor's indemnification obligations set forth in the Contract Documents. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the MJPA may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. e. All general liability policies shall be endorsed to state that: (1) the MJPA, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Project, the work performed under the Contract, and operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the MJPA, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the MJPA, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. AUTOMOBILE LIABILITY INSURANCE Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the MJPA. The Automobile Liability Policy shall be endorsed to state that: (1) the MJPA, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the MJPA, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the MJPA, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Such insurance shall comply with the provisions set forth in Section 6 below. BUILDER’S RISK [“ALL RISK”] a. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [ “All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The MJPA accepts no responsibility until the Contract is formally accepted by the Governing Board for the work. The Contractor is required to file with the MJPA a certificate evidencing fire insurance coverage. b. Provide insurance coverage on completed value form, all-risk or special causes of loss coverage. 1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. 2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor’s tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Such insurance shall comply with the provisions of the Contract Documents. FORM AND PROOF OF CARRIAGE OF INSURANCE a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the MJPA. At the election of the MJPA the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the MJPA with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. The MJPA, its Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • Director’s and officers, employees, agents or representatives are named as additional insureds and provide a waiver of subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the MJPA prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the MJPA may terminate or stop work pursuant to the Contract Documents, unless the MJPA receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the MJPA has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the MJPA’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. d. The MJPA reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in the MJPA’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub- contractors working under this Contract. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • PERFORMANCE BOND Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • PERFORMANCE BOND WHEREAS the March Joint Powers Authority (also herein “Obligee”) has awarded to COMPANY (hereinafter “Contractor”), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the Apron Expansion Project and all other required structures and facilities (the “Work”); WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________ (hereinafter the “Construction Agreement”); and WHEREAS, the Contractor is required by said Construction Agreement to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we ____________________, the undersigned Contractor, as Principal, and ________________________________________________________________, a corporation organized and existing under the laws of the State of _____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the MARCH JOINT POWERS AUTHORITY in the sum of _________________________ ($ 000,000), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Construction Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Construction Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Construction Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Construction Agreement or to the Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 2006. ________________________________ Principal/Contractor By: ___________________________ President ________________________________ Surety By: ___________________________ Attorney-in-Fact The rate of premium on this bond is ___________ per thousand. The total amount of premium charged, $_____________. (The above must be filled in by corporate surety.) Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On this ____ day of _________________, in the year _________, before me, ________________________________________, a Notary Public in and for said state, personally appeared __________________________________________, known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the ____________________________________ (surety) and acknowledged to me that he subscribed the name of the _________________________________________ (surety) thereto and his own name as Attorney-in-Fact. ___________________________________ Notary Public in and for said State (SEAL) My Commission expires _______________. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • CERTIFICATE AS TO CORPORATE PRINCIPAL I, _________________________________________________, certify that I am the _____________________________________________ Secretary of the corporation named as principal to the within bond; that ___________________________________________ who signed the said bond on behalf of the principal was then _______________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) __________________________________ Signature ______________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • LABOR AND MATERIAL BOND Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • LABOR & MATERIAL BOND WHEREAS the March Joint Powers Authority (hereinafter "Obligee") has awarded to COMPANY (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the Apron Expansion Project and all other required structures and facilities (the “Work”); WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated _______________, (hereinafter the “Construction Agreement”); and WHEREAS, said Contractor is required to furnish a bond in connection with said Construction Agreement providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we ____________________________________________ _______________________________________, the undersigned Contractor, as Principal and ____________________________________________________________________________, a corporation organized and existing under the laws of the State of ___________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the MARCH JOINT POWERS AUTHORITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars ($________________), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Construction Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Construction Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 2006. ________________________________ Principal/Contractor By: ___________________________ President ________________________________ Surety By: ___________________________ Attorney-in-Fact Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • STATE OF CALIFORNIA ) ) COUNTY OF ____________ ) ss. On this ____ day of _________________________, in the year ________, before me, ____________________________________________, a Notary Public in and for said state, personally appeared ___________________________________________, known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _______________________________________ (surety) and acknowledged to me that he subscribed the name of the ______________________________ (surety) thereto and his own name as Attorney-in-Fact. ___________________________________ Notary Public in and for said State (SEAL) My Commission Expires _____________ Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • CERTIFICATE AS TO CORPORATE PRINCIPAL I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________ Signature _____________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • FEDERAL ASSURANCES AND CERTIFICATIONS Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • CIVIL RIGHTS ACT OF 1964, TITLE VI CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the Untied States to enter into such litigation to protect the interests of the United States. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 SECTION 520 – GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. The provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • VETERAN’S PREFERENCE In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • DISADVANTAGED BUSINESS ENTERPRISES Contact Assurance (§26.13) – The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the March Joint Powers Authority. The prime contractor agrees further to return retainage payments to each subcontractor within 30 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 March Joint Powers Authority. This clause applies to both DBE and non-DBE subcontractors. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • DAVIS BACON WAGE RATES DETERMINATION 1. Minimum Wage (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 equivalents 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 determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contacting 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. 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 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • 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 5.5a(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipate din providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (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 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • supervises the payment of the persons employed under the contract and shall certify the following: 1. That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; and 2. That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made wither directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part3; and 3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3) (i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall 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 register, 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 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 which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • will no longer be permitted to utilize trainees at less 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 be 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 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 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • 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 U.S.C. 1001. DOL REGULATION 29 CFR PART 5 – DAVIS BACON ACT LINK HTTP://WWW.DOL.GOV/ESA/REGS/FEDREG/FINAL/2000032436.PDF BIDDER TO SEARCH FOR UPDATES AND OBTAIN CURRENT RATES Reference 29 CFR Part 5.5 Advisory Circular 150/5100-6d Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 41 CFR PART 60-2 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: • Goals for minority participation for each trade: (Vol. 45 Federal Register pg. 65984 10/3/80) • Goals for female participation in each trade: (6.9%) These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor’s goals, shall be a violation of the contract, the Executive Order, and the regulation in 41 CFR Part 60-4. Compliance with the goals will be cmeasured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Riverside, California 92518. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • Standard federal equal employment opportunity construction contract specifications – 41 CFR Part 60.4.3 1. As used in these specification: a. “Covered area” means the geographical area described in the solicitation from which this contract resulted; b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin; (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in any compliance with the provisions of nay 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. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a 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 programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • to each such individual. If such individual was sent to the union hall for referral and was not referred back to 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 EEI policy on bulleting boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • 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. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the contractor’s EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, 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 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • 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 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • TERMINATION OF CONTRACT A. The sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor’s convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. B. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the contractor’s obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. D. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. E. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CRF PART 5 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 clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefore 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 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action r upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor of subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier 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 section. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • Clean air and water pollution control Contractor and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration be listed on the EPA list of Violating Facilities; d. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. References: 49 CFR Part 18.36(i) FAA Order 5100.38 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • TRADE RESTRICTION CLAUSE The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. References: 49 CFR Part 30.13 FAA Order 5100.38 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. Product Country of Origin Company Name By: Reference Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990 Title 49 U.S.C. Chapter 501 AIP Program Guidance Letter 91-3 Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • COMPLIANCE WITH FAA REFERENCE ADVISORY CIRCULARS & OTHER FEDERAL PROVISIONS Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal Requirements, AC 150/5370-10B, Standards for Specifying Construction of Airports. Executive Order 11246 and DOL Regulation 41 CFR PART 60 - Affirmative Action to Ensure Equal Employment Opportunity DOL Regulation 29 CFR Part 5 – Davis Bacon Act DOT Regulation 49 CFR PART 29 - Governmentwide Debarment and Suspension and Governmentwide Requirements for Drug-free Workplace (SEE ATTACHMENT “F” FOR SAMPLE DOCUMENT) DOT Regulation 49 CFR PART 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries that Deny Contracts to Suppliers of Goods and Services of Countries that Deny Procurement Market Access to U.S. Contractors (Foreign Trade Restriction). TITLE 49 United States Code, CHAPTER 501 – Buy American Preferences 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107 TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ENSURE DRUG FREE WORKFORCE DRUG-FREE WORKPLACE “SAMPLE” STATEMENT ***Your are working on an Airport Improvement Program Federally Funded Project*** Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. This statement is for the purpose of notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. The dangers of drug abuse in the workplace may include serious injury or death. The statement also identifies the sponsor’s obligation to maintain a drug-free workplace. Moreover, this statement also notifies employees about the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. As a condition employment under the grant, the employee will abide by the terms of the statement. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Furthermore, employers of convicted employees must provide notice, including position title of the employee, to the FAA. The FAA will be notified, in writing, within five calendar days of a violation of a criminal drug statute occurring in the workplace. If you are involved in drug abuse, ask your foreman or company HR representative about any drug counseling, rehabilitation, and employee assistance programs I have read and understand this statement. _____________________________________ _______________________________ Signature Print Date______________________ _______________________________ Title END OF SAMPLE AGREEMENT Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ATTACHMENT "C" CERTIFICATION - REQUEST FOR PROPOSAL (PROPOSAL ID. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03) I certify that I have read the attached Request for Proposals (Proposal ID. Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03) - Infrastructure Engineering Corporation, and the instructions for submitting an RFP. I further certify that I must submit one (1) original and four (4) copies of the firm's Proposal in response to this request and that I am authorized to commit the firm to the proposal submitted. ___________________________ __________________________________ Signature Typed or Printed Name ___________________________ __________________________________ Title Company ___________________________ __________________________________ Address Address ___________________________ __________________________________ Telephone Fax ___________________________ Date Federal Tax ID Number If you are submitting as a corporation, please provide your corporate seal here: Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ATTACHMENT "D" FAA REFERENCE ADVISORY CIRCULARS & OTHER FEDERAL PROVISIONS Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal Requirements, AC 150/5370-10B, Standards for Specifying Construction of Airports. Executive Order 11246 and DOL Regulation 41 CFR PART 60 - Affirmative Action to Ensure Equal Employment Opportunity DOL Regulation 29 CFR Part 5 – Davis Bacon Act DOT Regulation 49 CFR PART 29 - Governmentwide Debarment and Suspension and Governmentwide Requirements for Drug-free Workplace (SEE ATTACHMENT “F” FOR SAMPLE DOCUMENT) DOT Regulation 49 CFR PART 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries that Deny Contracts to Suppliers of Goods and Services of Countries that Deny Procurement Market Access to U.S. Contractors (Foreign Trade Restriction). TITLE 49 United States Code, CHAPTER 501 – Buy American Preferences 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107 TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ATTACHMENT “E” BIDDER IS REQUIRED TO FULLY UNDERSTAND AND COMPLY WITH DAVIS-BACON ACT REQUIREMENTS DOL REGULATION 29 CFR PART 5 – DAVIS BACON ACT LINK HTTP://WWW.DOL.GOV/ESA/REGS/FEDREG/FINAL/2000032436.PDF BIDDER TO SEARCH FOR UPDATES AND OBTAIN CURRENT RATES Reference 29 CFR Part 5.5 Advisory Circular 150/5100-6d Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ATTACHMENT “F” DRUG-FREE WORKPLACE “SAMPLE” STATEMENT ***Your are working on an Airport Improvement Program Federally Funded Project*** Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. This statement is for the purpose of notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. The dangers of drug abuse in the workplace may include serious injury or death. The statement also identifies the sponsor’s obligation to maintain a drug-free workplace. Moreover, this statement also notifies employees about the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. As a condition employment under the grant, the employee will abide by the terms of the statement. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: c. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or d. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Furthermore, employers of convicted employees must provide notice, including position title of the employee, to the FAA. The FAA will be notified, in writing, within five calendar days of a violation of a criminal drug statute occurring in the workplace. If you are involved in drug abuse, ask your foreman or company HR representative about any drug counseling, rehabilitation, and employee assistance programs I have read and understand this statement. __________________________________________________________________________ Signature Print Date______________________ Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA
  • ATTACHMENT “G” PLANS AND SPECIFICATIONS See attached Electrical Vault and Fencing Project Construction Management Services Federal Grant 3-06-0201 – 02, & 03 March Inland Port Airport, Riverside, CA