The Foundation for Fair Contracting of Massachusetts had its most successful year in 2012, recovering nearly $1.3 million in back pay and penalties for workers. Several contractors were cited for violating prevailing wage laws, including National Water Main Cleaning Company being ordered to pay over $1 million in restitution and penalties. The FFCM also launched a new website to help contractors and workers understand public construction laws in Massachusetts.
The document provides instructions for long division with multi-digit divisors. It begins with an introduction stating the objective of demonstrating proficiency with long division. It then provides an example problem working through the steps of long division. These include dividing the first digit, multiplying and subtracting, bringing down remaining digits, and repeating the process until there is no remainder. Mnemonic devices are provided to help remember the steps. The document concludes by working through a sample problem and checking the work.
The document discusses proposed changes to the regulation of biologicals in Australia. It outlines a new classification system with three classes based on risk and level of manipulation. Class 1 would include low risk products regulated through professional standards. Class 2 would include banked tissues and blood regulated through manufacturing standards. Class 3 would include higher risk products like biologics and cell therapies, regulated through standards for safety, quality and efficacy including clinical trials. An Office of Biologicals would be established within the regulatory agency to oversee biological product regulation according to this new framework.
The document discusses the importance of developing strategic communication plans versus relying solely on tactics. It argues that a strategy considers the big picture, including thorough research and understanding of strengths, weaknesses, competitors, and consumers. Tactics are the actions taken to execute the strategy. The document recommends that communication teams position themselves as internal consultants who develop integrated strategic plans for each client. It provides examples of how to gather needs, develop messages and goals, create work orders, assign responsibilities, and ultimately evaluate success. The overall message is that a strategic approach will prove the communication team as more effective and valuable to the institution.
Homewood Suites St Louis Park at West End offers your guests a plethora of amenities. Ideally suited for long-term guests, we welcome both short and extended stay guests. Enjoy this pictoral!
The Foundation for Fair Contracting of Massachusetts had its most successful year in 2012, recovering nearly $1.3 million in back pay and penalties for workers. Several contractors were cited for violating prevailing wage laws, including National Water Main Cleaning Company being ordered to pay over $1 million in restitution and penalties. The FFCM also launched a new website to help contractors and workers understand public construction laws in Massachusetts.
The document provides instructions for long division with multi-digit divisors. It begins with an introduction stating the objective of demonstrating proficiency with long division. It then provides an example problem working through the steps of long division. These include dividing the first digit, multiplying and subtracting, bringing down remaining digits, and repeating the process until there is no remainder. Mnemonic devices are provided to help remember the steps. The document concludes by working through a sample problem and checking the work.
The document discusses proposed changes to the regulation of biologicals in Australia. It outlines a new classification system with three classes based on risk and level of manipulation. Class 1 would include low risk products regulated through professional standards. Class 2 would include banked tissues and blood regulated through manufacturing standards. Class 3 would include higher risk products like biologics and cell therapies, regulated through standards for safety, quality and efficacy including clinical trials. An Office of Biologicals would be established within the regulatory agency to oversee biological product regulation according to this new framework.
The document discusses the importance of developing strategic communication plans versus relying solely on tactics. It argues that a strategy considers the big picture, including thorough research and understanding of strengths, weaknesses, competitors, and consumers. Tactics are the actions taken to execute the strategy. The document recommends that communication teams position themselves as internal consultants who develop integrated strategic plans for each client. It provides examples of how to gather needs, develop messages and goals, create work orders, assign responsibilities, and ultimately evaluate success. The overall message is that a strategic approach will prove the communication team as more effective and valuable to the institution.
Homewood Suites St Louis Park at West End offers your guests a plethora of amenities. Ideally suited for long-term guests, we welcome both short and extended stay guests. Enjoy this pictoral!
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow and levels of neurotransmitters and endorphins which elevate and stabilize mood.
The document discusses setting up a homemade IPTV system using a Raspberry Pi. Key points:
- A Raspberry Pi is a small, inexpensive computer that can be used as an IPTV receiver and turned any TV into a media center using XBMC software.
- To set up IPTV, a PC is used as the server with a digital TV receiver and TSReader Pro to receive streams and send to the network. A Raspberry Pi connected to a TV receives the streams via the network.
- The Raspberry Pi needs MPEG2 and other licenses purchased separately to properly decode video formats, which are entered into a configuration file on the SD card.
- With TSReader Pro, received
This document discusses using social media, specifically Twitter and Facebook, for radio broadcasters. It provides information on how Twitter works and statistics about its growth. Suggested ways for radio stations to use Twitter include promoting upcoming guests, providing news updates, and creating conversations with listeners. The document also discusses creating hashtag campaigns and tweet chats. Facebook fan pages are discussed as another tool, with tips on leveraging other platforms, providing interesting content, and encouraging fan contributions. Other resources for social media use in radio are recommended.
The document provides examples and steps for subtracting fractions and mixed numbers with like denominators. It demonstrates renaming mixed numbers by breaking them into whole numbers and fractions. The key steps are to break the mixed numbers into whole numbers and fractions, identify the denominator which becomes the new denominator, and then subtract the fractions and whole numbers separately.
Презентация на основе статьи "Top 5 Women in Gamification" Чарльза Сеттла (Charles Settles), эксперта в области взаимодействия электронных СМИ и экономики.
"5 самых известных женщин в сфере геймификации": Джейн МакГонигэл (Jane McGonigal), Мэри Фланаган
(Mary Flanagan), Ванда Мелони (Wanda Meloni), Николь Лазарро (Nicole Lazzaro), Кэти Сален (Katie Salen).
The document provides a table of contents for writing lessons with titles such as "Nouns", "Verbs", "Transitions", and "Figurative Language". Each entry lists the topic and date. Sample lessons are then provided on "Notebook Rules", "Writing Environment", and definitions of parts of speech like nouns and verbs. The document serves as an outline of writing curriculum covering grammar, style, and literary devices taught on various dates.
6-2 Multiplying Decimals by Whole NumbersRudy Alfonso
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow and levels of neurotransmitters and endorphins which elevate and stabilize mood.
Karen Palecek is a co-managing member of Palecek & Palecek PLLC with over 26 years of experience in construction law and litigation. She represents specialty contractors, suppliers, general contractors and owners. Her practice focuses on all aspects of construction law including contract review, liens, claims, litigation and appeals. The presentation discusses important considerations for bid proposals, contracts, project management, claims processes and collecting payment.
This document discusses legal issues related to bonding on construction projects, specifically the Miller Act. It provides background on the Miller Act, which requires payment bonds on federal construction projects to protect unpaid subcontractors. It describes the different types of bonds required: bid bonds, performance bonds, and payment bonds. It outlines who can bring an action against a payment bond, the timing for claims, where actions must be filed, and a subcontractor's right to obtain a copy of the bond.
This document is a Form 10-K annual report filed by Public Service Company of Colorado (PSCo) with the Securities and Exchange Commission for the fiscal year ending December 31, 2004. It provides an overview of PSCo's operations, including its electric and natural gas utility businesses in Colorado. PSCo generates, transmits, and distributes electricity and distributes natural gas to over 1.3 million electric customers and 1.2 million natural gas customers in Colorado. PSCo is a wholly owned subsidiary of Xcel Energy, a registered utility holding company.
This document is a Form 10-K annual report filed by Public Service Company of Colorado (PSCo) with the Securities and Exchange Commission for the fiscal year ending December 31, 2004. It provides an overview of PSCo's operations, including its electric and natural gas utility businesses in Colorado. PSCo generates, transmits, and distributes electricity and distributes natural gas to over 1.3 million electric customers and 1.2 million natural gas customers in Colorado. PSCo is a wholly owned subsidiary of Xcel Energy, a registered utility holding company.
The document provides tips for hiring licensed contractors when repairing or rebuilding a home after a natural disaster like flooding in Tennessee. It advises homeowners to verify the contractor's license status and check for complaints. A license is required for projects over $3,000 or $25,000 depending on the county. The document outlines how to search for a contractor's license classification and monetary limit to ensure they are allowed to perform the needed work. Homeowners should get multiple bids and estimates, a written contract, proof of insurance, and never pay fully up front before inspections.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the U.S. Securities and Exchange Commission for the fiscal year ending December 31, 2005. PSCo is an operating utility engaged in electricity generation, transmission, distribution and sales in Colorado. It serves approximately 1.3 million electric customers and 1.2 million natural gas customers in the state. The report provides an overview of PSCo's operations and discusses recent regulatory and legislative changes impacting the utility industry.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the U.S. Securities and Exchange Commission for the fiscal year ending December 31, 2005. PSCo is an operating utility engaged in electricity generation, transmission, distribution and sales in Colorado. It serves approximately 1.3 million electric customers and 1.2 million natural gas customers in the state. The report provides an overview of PSCo's operations and discusses recent regulatory and legislative changes impacting the utility industry.
This Form 10-K was filed by Southwestern Public Service Co. (SPS) as a wholly owned subsidiary of Xcel Energy Inc. It provides an overview of SPS's electric utility operations, including its focus on growing its rate base to meet customer demand. SPS serves parts of Texas and New Mexico. Key regulatory developments discussed include the repeal of PUHCA, mandatory reliability standards established by the Energy Policy Act of 2005, and FERC rulemakings implementing various aspects of the Act.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow and levels of neurotransmitters and endorphins which elevate and stabilize mood.
The document discusses setting up a homemade IPTV system using a Raspberry Pi. Key points:
- A Raspberry Pi is a small, inexpensive computer that can be used as an IPTV receiver and turned any TV into a media center using XBMC software.
- To set up IPTV, a PC is used as the server with a digital TV receiver and TSReader Pro to receive streams and send to the network. A Raspberry Pi connected to a TV receives the streams via the network.
- The Raspberry Pi needs MPEG2 and other licenses purchased separately to properly decode video formats, which are entered into a configuration file on the SD card.
- With TSReader Pro, received
This document discusses using social media, specifically Twitter and Facebook, for radio broadcasters. It provides information on how Twitter works and statistics about its growth. Suggested ways for radio stations to use Twitter include promoting upcoming guests, providing news updates, and creating conversations with listeners. The document also discusses creating hashtag campaigns and tweet chats. Facebook fan pages are discussed as another tool, with tips on leveraging other platforms, providing interesting content, and encouraging fan contributions. Other resources for social media use in radio are recommended.
The document provides examples and steps for subtracting fractions and mixed numbers with like denominators. It demonstrates renaming mixed numbers by breaking them into whole numbers and fractions. The key steps are to break the mixed numbers into whole numbers and fractions, identify the denominator which becomes the new denominator, and then subtract the fractions and whole numbers separately.
Презентация на основе статьи "Top 5 Women in Gamification" Чарльза Сеттла (Charles Settles), эксперта в области взаимодействия электронных СМИ и экономики.
"5 самых известных женщин в сфере геймификации": Джейн МакГонигэл (Jane McGonigal), Мэри Фланаган
(Mary Flanagan), Ванда Мелони (Wanda Meloni), Николь Лазарро (Nicole Lazzaro), Кэти Сален (Katie Salen).
The document provides a table of contents for writing lessons with titles such as "Nouns", "Verbs", "Transitions", and "Figurative Language". Each entry lists the topic and date. Sample lessons are then provided on "Notebook Rules", "Writing Environment", and definitions of parts of speech like nouns and verbs. The document serves as an outline of writing curriculum covering grammar, style, and literary devices taught on various dates.
6-2 Multiplying Decimals by Whole NumbersRudy Alfonso
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow and levels of neurotransmitters and endorphins which elevate and stabilize mood.
Karen Palecek is a co-managing member of Palecek & Palecek PLLC with over 26 years of experience in construction law and litigation. She represents specialty contractors, suppliers, general contractors and owners. Her practice focuses on all aspects of construction law including contract review, liens, claims, litigation and appeals. The presentation discusses important considerations for bid proposals, contracts, project management, claims processes and collecting payment.
This document discusses legal issues related to bonding on construction projects, specifically the Miller Act. It provides background on the Miller Act, which requires payment bonds on federal construction projects to protect unpaid subcontractors. It describes the different types of bonds required: bid bonds, performance bonds, and payment bonds. It outlines who can bring an action against a payment bond, the timing for claims, where actions must be filed, and a subcontractor's right to obtain a copy of the bond.
This document is a Form 10-K annual report filed by Public Service Company of Colorado (PSCo) with the Securities and Exchange Commission for the fiscal year ending December 31, 2004. It provides an overview of PSCo's operations, including its electric and natural gas utility businesses in Colorado. PSCo generates, transmits, and distributes electricity and distributes natural gas to over 1.3 million electric customers and 1.2 million natural gas customers in Colorado. PSCo is a wholly owned subsidiary of Xcel Energy, a registered utility holding company.
This document is a Form 10-K annual report filed by Public Service Company of Colorado (PSCo) with the Securities and Exchange Commission for the fiscal year ending December 31, 2004. It provides an overview of PSCo's operations, including its electric and natural gas utility businesses in Colorado. PSCo generates, transmits, and distributes electricity and distributes natural gas to over 1.3 million electric customers and 1.2 million natural gas customers in Colorado. PSCo is a wholly owned subsidiary of Xcel Energy, a registered utility holding company.
The document provides tips for hiring licensed contractors when repairing or rebuilding a home after a natural disaster like flooding in Tennessee. It advises homeowners to verify the contractor's license status and check for complaints. A license is required for projects over $3,000 or $25,000 depending on the county. The document outlines how to search for a contractor's license classification and monetary limit to ensure they are allowed to perform the needed work. Homeowners should get multiple bids and estimates, a written contract, proof of insurance, and never pay fully up front before inspections.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the U.S. Securities and Exchange Commission for the fiscal year ending December 31, 2005. PSCo is an operating utility engaged in electricity generation, transmission, distribution and sales in Colorado. It serves approximately 1.3 million electric customers and 1.2 million natural gas customers in the state. The report provides an overview of PSCo's operations and discusses recent regulatory and legislative changes impacting the utility industry.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the U.S. Securities and Exchange Commission for the fiscal year ending December 31, 2005. PSCo is an operating utility engaged in electricity generation, transmission, distribution and sales in Colorado. It serves approximately 1.3 million electric customers and 1.2 million natural gas customers in the state. The report provides an overview of PSCo's operations and discusses recent regulatory and legislative changes impacting the utility industry.
This Form 10-K was filed by Southwestern Public Service Co. (SPS) as a wholly owned subsidiary of Xcel Energy Inc. It provides an overview of SPS's electric utility operations, including its focus on growing its rate base to meet customer demand. SPS serves parts of Texas and New Mexico. Key regulatory developments discussed include the repeal of PUHCA, mandatory reliability standards established by the Energy Policy Act of 2005, and FERC rulemakings implementing various aspects of the Act.
This Form 10-K was filed by Southwestern Public Service Co. (SPS) as a wholly owned subsidiary of Xcel Energy Inc. It provides an overview of SPS's electric utility operations, including its focus on growing its rate base to meet customer demand. SPS serves parts of Texas and New Mexico. Key regulatory developments discussed include the repeal of PUHCA, mandatory reliability standards established by the Energy Policy Act of 2005, and FERC rulemakings implementing various aspects of the Act.
The document summarizes a presentation on recent updates to federal procurement rules and regulations. It discusses the mandatory disclosure rule, contract disputes, statutes and regulations, bid protests, and organizational conflicts of interest. Key points include requirements for contractors to disclose violations, recent case law on jurisdiction and claims, new laws like the stimulus bill and its reporting requirements, common reasons for sustained bid protests, and new rules tightening restrictions on organizational conflicts of interest.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the SEC for the fiscal year ended December 31, 2006. PSCo is a wholly owned subsidiary of Xcel Energy Inc. that operates as an electric and natural gas utility in Colorado, serving approximately 1.3 million electric customers and 1.3 million natural gas customers. The report provides an overview of PSCo's electric and natural gas utility operations, including recent regulatory developments, ratemaking principles, energy sources and costs. It also discusses environmental matters, employees and risk factors. Financial statements and other disclosures are included as required by SEC regulations.
This document is Public Service Company of Colorado's (PSCo) annual report on Form 10-K filed with the Securities and Exchange Commission for the fiscal year ending December 31, 2006. It provides an overview of PSCo's electric and natural gas utility operations in Colorado, including recent regulatory developments, ratemaking principles, energy sources and costs. It also addresses environmental matters, employees, risk factors, legal proceedings, and incorporates additional financial information by reference to Xcel Energy's annual report.
This document is an application for a loan guarantee from the U.S. Department of Transportation's Short Term Lending Program (STLP). It requests information about the applicant business, including ownership, management, financial information, and collateral being offered. The applicant must be a certified Disadvantaged Business Enterprise to qualify. The application includes sections to provide details about the applicant's accounts receivable, contracts, assets, debts, and financial history in order to evaluate the business and loan request.
Energy Bulletin - Uncertainty Rises for Energy Sector BankruptciesCohenGrigsby
In recent years, the energy sector has struggled with low commodity prices, oversupply, and logistical constraints — challenges which are poised to continue in the months ahead. These issues are putting a significant strain on the capital-intensive oil and gas sector, and a segment of the industry will labor to balance operating costs with profitability (or survival). Eventually, the financial constraints will require some operators to seek relief, either through an out-of-court restructuring, a reorganization, or liquidation under bankruptcy laws. As this wave of distressed enterprises progresses, there will be a residual impact on all facets of the infrastructure and supply chain supporting the oil and gas sector.
This document is a Form 10-K annual report filed by Southwestern Public Service Company (SPS) with the Securities and Exchange Commission for the fiscal year ending December 31, 2005. SPS is an electric utility engaged in generation, transmission, distribution and sale of electricity primarily in Texas and New Mexico. It serves approximately 395,000 customers. In 2005, SPS reached an agreement to sell portions of its operations in Oklahoma, Kansas and Texas. SPS is a wholly owned subsidiary of Xcel Energy, a public utility holding company. The report provides an overview of SPS's operations and discusses recent regulatory developments affecting the electric utility industry.
This document is a Form 10-K annual report filed by Southwestern Public Service Company (SPS) with the Securities and Exchange Commission for the fiscal year ending December 31, 2005. SPS is an electric utility engaged in generation, transmission, distribution and sale of electricity primarily in Texas and New Mexico. It serves approximately 395,000 customers. In 2005, SPS reached an agreement to sell portions of its operations in Oklahoma, Kansas and Texas. SPS is a wholly owned subsidiary of Xcel Energy, a public utility holding company. The report provides an overview of SPS's operations and discusses recent regulatory developments affecting the electric utility industry.
This document is Northern States Power Company's (NSP-Wisconsin) annual report on Form 10-K filed with the SEC for the fiscal year ended December 31, 2006. It provides an overview of NSP-Wisconsin's electric and natural gas utility operations, including recent regulatory developments. NSP-Wisconsin generates, transmits, and distributes electricity and distributes and transports natural gas. It operates primarily in Wisconsin and the western Upper Peninsula of Michigan, serving around 245,000 electric and 100,000 natural gas customers. The report discusses NSP-Wisconsin's rates, facilities, regulatory proceedings, and financial statements.
This document is Northern States Power Company's (NSP-Wisconsin) annual report on Form 10-K filed with the SEC for the fiscal year ended December 31, 2006. It provides an overview of NSP-Wisconsin's electric and natural gas utility operations, including recent regulatory developments. NSP-Wisconsin generates, transmits, and distributes electricity and distributes and transports natural gas. It operates primarily in Wisconsin and the western Upper Peninsula of Michigan, serving around 245,000 electric and 100,000 natural gas customers. The report discusses NSP-Wisconsin's rates, facilities, regulatory proceedings, and financial statements.
Mediacom response to Dish Network (Motion to dismiss)Kraig Beahn
This document is EchoStar Satellite LLC's response to Mediacom Communications Corporation and MCC Georgia's motion to dismiss or transfer the case. The summary is:
1) EchoStar alleges that Mediacom unlawfully obtained access to EchoStar's programming by having employees sign up for EchoStar subscriptions, then extracted local channels to retransmit to Mediacom customers.
2) EchoStar argues this establishes specific personal jurisdiction over Mediacom in Colorado, as Mediacom purposefully directed tortious acts at EchoStar, a Colorado company, causing harm.
3) EchoStar provides evidence that Mediacom paid for the EchoStar subscriptions with company checks, showing Mediacom was responsible for the unlawful acts
NYC Parking Ticket Cases You Ought to Know AboutLawrence Berezin
You will be shocked at the helpful information contained in these essential parking ticket cases, and how the Evil Empire ignores the law. Read 'em and save your hard earned dough.
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Ceci est le projet de traité qui avait été négocié entre Russes et Ukrainiens à Istanbul en mars 2022, avant que les Etats-Unis et la Grande-Bretagne ne détournent Kiev de signer.
Federal Authorities Urge Vigilance Amid Bird Flu Outbreak | The Lifesciences ...The Lifesciences Magazine
Federal authorities have advised the public to remain vigilant but calm in response to the ongoing bird flu outbreak of highly pathogenic avian influenza, commonly known as bird flu.
Shark Tank Jargon | Operational ProfitabilityTheUnitedIndian
Don't let fancy business words confuse you! This blog is your cheat sheet to understanding the Shark Tank Jargon. We'll translate all the confusing terms like "valuation" (how much the company is worth) and "royalty" (a fee for using someone's idea). You'll be swimming with the Sharks like a pro in no time!
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Discover the life and times of Lalu Prasad Yadav with a comprehensive biography in Hindi. Learn about his early days, rise in politics, controversies, and contribution.
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A Letter To North Carolina Department Of Transportation And FAA
1. NORTH CAROLINA DEPT. OF TRANSPORTATION AND FAA
A PATTERN OF VIOLATIONS AND NONCOMPLIANCES WITH STATE AND
FEDERAL REGULATIONS RESULTS IN ABUSE
OF SMALL AND DISADVANTAGED BUSINESSES
Smith-Reynolds Airport and City of Winston-Salem West Clemmenonsville Ext.
RE: Project Number – 36237.26.5.2 & 7.2/Smith-Reynolds Airport
My company, R.A.L. Grading and Demolition, a disadvantaged business enterprise
(DBE) certified in the state of North Carolina, executed a contract with Mainline
Contracting, the prime contractor for a Airport Improvement Project located at the Smith-
Reynolds Airport in Winston Salem, North Carolina. Our company, R.A.L. Grading and
Demolition, initiated contract responsibilities with Mainline Contracting on October 19,
2008 although the actual contractual agreement was not executed until November, 2008.
My contract responsibilities for this federally-assisted project, specifically limited to
hauling stone and dirt, included well-defined state and federal pertinences affecting
“disadvantaged business enterprises” and “Assurances for Airport Sponsors”. Notably,
we have experienced compliance failures stemming from negligence, possible fraud,
collusion and coercive practices engaged by both public officials and the prime
contractor. Failure to comply with regulations outlined by the Office of Federal Contract
Compliance, Federal Acquisition Regulations, US Department of Transportation [49 CFR
Par 26], North Carolina Department of Transportation and US Department of
Transportation “Prompt Pay” stipulations, have resulted in grave damages to my
company and many small hauling firms subcontracted by my firm.
Moreover, federally supported transportation and aviation projects reportedly follow the
approach of providing opportunities for inclusion while reducing barriers for
disadvantaged business enterprises. We have found however, there are substantial
differences in compliance and enforcement of federal and state regulations under North
Carolina’s Airport Improvement Program, specifically the “block grant program” for
aviation-related projects.
North Carolina’s Department of Transportation relegates compliance and enforcement of
civil rights and DBE programming (Disadvantaged Business Enterprise programs) to
local airports, some of which lack staffing or requisite DBE mandates. The state, in
effect, acknowledges no procedure or requirement to address noncompliance or
violations of federal and state regulations without Federal Aviation Administration
guidance. Unfortunately, Federal Aviation Administration chooses not to take advantage
of its power to condition aviation-related spending to control abuses of civil rights, fair
trade practices and disadvantaged business program regulations - often referring
compliance and enforcement responsibilities back to the state. Licentious compliance
and enforcement practices by small airports, the State of North Carolina and the Federal
Aviation Administration have given rise to abuses of disadvantaged business enterprises.
Consequently, R.A.L. Grading and Demolition has suffered losses related to nonpayment
for work accepted and in place. Financial losses for work performed and accepted
2. NCDOT/FAA (Pattern of Violations)
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currently total $657,000.00. Losses resulting from unsubstantiated termination
approximate 1.6 million dollars. As a small disadvantaged business, I cannot sustain my
business nor a livelihood battling abuses perpetrated by public officials and large
construction companies. To that end, your assistance is requested.
To summarize, the Federal Aviation Administration, Mainline Contracting, AVCON,
North Carolina Dept. of Transportation and Smith-Reynolds Airport continue to permit
prevailing practices that marginalize and destroy small businesses. Because public
agencies have not taken measures to address noncompliance of federal and state laws,
small and disadvantaged firms are forced out of business. To the extent that practices
permitted under federal and state regulations allow differential treatment of
subcontractors and disadvantaged businesses through nonpayment for approved work,
coercion, unfair trade practices, collusion, fraud…, an implicit message is sent that
resonates a fundamental inequity in the significance of small, disadvantaged businesses
and subcontractors.
The act of privileging prime contractors and local airports by issuing a legal carte blanche
for abuses of regulations should be understood against the attached outline of evidence
highlighting blatant violations of the following regulations:
Noncompliance with 49 CFR Part 31/ Evidence of “fraud” as mandated under 49CFR
Part 31
. Mainline processes documents substantiating payment to R.A.L. Grading and
Demolition for a change order in the amount of $51,536.25. However, payment of
$51,536.25 was never issued to R.A.L. Grading and Demolition (See Attachment A);
. Misrepresents/Fraudulently reports cumulative earnings and payouts to R.A.L. Grading
and Demolition on DBE Reports for the periods 10/19/08 – 11/25/08 and 11/26 –
12/25/08 (See Attachment B);
. Misrepresents/Fraudulently reports payouts for the period 12/26 – 01/25/09. Actual
payout amount was $189,864.98. Discrepancies in reports discussed via e-mail
correspondence (See Attachment C – Discrepancies outlined in e-mail correspondence
between Mainline Contracting, Mark D’Angelo [consulting engineer], and Smith-
Reynolds Airport);
. Mainline alleges R.A.L. does not provide lien waivers for work performed by
subcontractors. Mainline contract stipulations mandate submission of lien waivers
prior to issuance of payouts. R.A.L. received several contract payments from Mainline.
Prerequisite for release of payments included submission of lien waivers; (See Contract
3. NCDOT/FAA (Pattern of Violations)
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Document/Attachment J)
.Mainline submits invoices for A Precast Company, as a supplier of materials.
However,
A Precast Company, primarily owned by the principal of Mainline, is documented at
two separate addresses on four invoice submittals to Smith-Reynolds Airport for
approval (See Attachment F).
Practices of Coercion/Retaliation
. R.A.L. Grading and Demolition was forced to request intervention from Smith-
Reynolds Airport and the North Carolina Department of Transportation in order to
receive payment for work satisfactorily performed and accepted;
. R.A.L. was directed to sign lien waivers denoting conflicting payout amounts as a
requisite for receipt of payments. R.A.L. executed pay application in the amount of
$190,153,25 for the period 12/26/08 – 01/25/09 using invoice estimates. Mainline
directed R.A.L. to sign a pay application in the amount of $199,467.53 per engineer’s
approved measurements. Lien waiver was altered and actual payout amount to
R.A.L. was $189,864.67 (See Attachment H); * Actual measurements/quantities
reported by the project engineer were never made available to R.A.L.. Consequently,
R.A.L. submitted pay invoices based on truck sizes per agreement with Mainline
Contracting. The actual engineer’s measurements were never made available to R.A.L.
Grading during performance of contract responsibilities. Mainline’s billing for
quantities were not aligned with engineer’s measurements but engineer approved
Mainline billing. This practice suggests noncompliance with Assurances (Airport
Sponsor) consummated by NCDOT and Smith-Reynolds Airport/ Assurances (Airport
Sponsors) Federal Regulation (C) No. 17. (See Attachments D, F, and H)
. R.A.L. Grading and Demolition requested intervention from the North Carolina
Department of Transportation ( Rick Barkes, Project Manager; Gene Conti, Secretary
of the Dept. of Transportation, Jim Trogdon, Chief of Staff for the North Carolina Dept.
of Transportation; Roberto Connales, Deputy Secretary of the North Carolina Dept. of
Transportation/Transit and Aviation; Jim Westmoreland, Deputy Secretary of the Dept.
of Transportation/Transit and Aviation; North Carolina Airports Director; and, Zack
Ambrose, Chief of Staff/ Office of the Governor) in an effort to secure payment for
work satisfactorily performed. Mainline altered billing structure through change order
to justify nonpayment [while submitting DBE Reports indicating payment issued
consistent with change order, however no payment was actually issued to R.A.L.]
4. (findings indicate evidence of fraud thereby violating 49CFRPart 31
NCDOT/FAA (Pattern of Violations)
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[Program Fraud and Civil Remedies]). Mainline intentionally withheld R.A.L.
payments in retaliation for R.A.L. complaints to NCDOT administrators and complaint
issued with the Office of the Governor.
. Mainline engaged practice of canceling work day and later issuing a “Contract Default
Notice” to R.A.L. Grading and Demolition for failure to perform contract
responsibilities;
. Mainline began practice of canceling work day, calling R.A.L. during early morning
hours [6:00 a.m.] to pretentiously discuss Mainline’s intentions to pay R.A.L. for
outstanding delinquent payments but avoids discussing payments and inquires about
R.A.L.’s plans to assign trucks to the job site. R.A.L. began contacting the project
engineer to verify work cancellations once R.A.L. realized that Mainline was
attempting to default R.A.L. and not pay for work performed. However, although the
project engineer confirmed work days per information provided by Mainline (prime
contractor), Mainline would cancel work day after R.A.L. trucks arrived and refuse to
provide a written cancellation. R.A.L. trucks remained on job site awaiting written
cancellation order. Mainline informed R.A.L. that written work cancellation was
forthcoming but refused to issue written work cancellation order. Smith-Reynolds
Airport engineer released R.A.L. trucks after several hours on site. * The
aforementioned practice represents harassment and retaliation and violates: 49CFR
Part 26.47 supporting failures to administer DBE Program in good faith, 49CFR Part
26.37 [Recipients’ failure to monitor the performance of program participants]; 41
CFR Part 60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity; Assurances/Airport Sponsors/Federal Regulations (Nos. (C).34/Policies,
Standards, and Specifications; and, (C) 35/Disadvantaged Business Enterprise;
Executive Order 11246 – Equal Employment Opportunity;
Collusion
. Smith-Reynolds, AVCON Engineering and NC Dept. of Transportation accept and
approve pay invoices submitted by Mainline Contracting that represents inflated
quantities and inconsistent measurements as outlined by the project engineer.
(See Attachment F, footnote 2).
. Mainline issues statement verifying that payments were issued per engineer’s
quantities. NCDOT and Smith-Reynolds Airport were aware payments were not
issued consistent with the engineer’s quantities (See Attachment H).
5. NCDOT/FAA (Pattern of Violations)
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Contract Breaches
. Mainline Contracting initially breached contract stipulations by failing to pay R.A.L. in
accordance with “Prompt Pay” regulations outlined in 49 CFR Part 26.29; NCGS
22C-3; NCDOT DBE Program Regulations (DBE Program regulations specify payment
to subcontractors within seven days of payment to prime/general contractor. Breaches
were incurred for pay applications submitted for the period October through November,
2008 and January 25, 2009 thru February, 2009 (See Attachment B);
. Mainline Contracting refuses to submit DBE Participation Reports and accurate
DBE/MBE/WBE (Disadvantaged Business Enterprise/Minority Business
Enterprise/Women Business Enterprise) report as required. However, NCDOT and
Smith-Reynolds Airport continue to issue payments to Mainline Contracting.
. Smith-Reynolds Airport, NC Dept. of Transportation, North Carolina’s Governor,
North Carolina legislators, NC Attorney General and US Dept of Transportation FAA
had knowledge that federal and state regulations/statutes were being violated, and,
were negligent in acting to address noncompliance, civil and criminal violations. All
public entities continue a practice of failing to enforce both state and federal laws
. Mainline Contracting failed to reduce retainage withholding based on contract
stipulations. Smith-Reynolds Airport attorney arguably presents a rationale to reduce
retainage withholding on the prime contractor [Mainline Contracting] using state
statute, 143-134.1(b1) which does not permit the owner to “retain more than 5% of any
periodic payment due a prime contractor”.] on public contracts, to substantiate
reduction of retainage (See Attachment G). However, Smith-Reynolds Airport, FAA
nor NC DOT required Mainline (prime contractor) to comply with all provisions
outlined in 143-134.1, specifically , 143-134.1 (b); 143-131.1 (b(3); 143-134.1 (b6)
and (e). (See Attachment J). Again, NCDOT, FAA and Smith-Reynolds Airport failed
to comply with the obligations outlined in 49CFR Part 26.37 (Recipient’s
responsibility for monitoring); and 49CFR Part 26.47 (Failure to administer DBE
Program in good faith). All responsible public entities failed to apply uniformity in
the application and enforcement of federal and state laws, therefore permitting abuses
and losses to the subcontractor. Moreover, NC Dept. of Transportation has a zero
retainage policy on Federal Aid projects which was instituted solely due to DBE
regulation changes. NCDOT regulations limit retainage withholding against
subcontractors to not more than 3%. Smith-Reynolds Airport exercised discretion to
not apply NCDOT Retainage Policy for Federal Aid projects to this contract,
exercising powers outlined in NC General Statute 63-54 Federal Aid.
6. Mainline withheld 10% retainage or (per contract stipulation - no greater amount
NCDOT/FAA (Pattern of Violations)
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than the owner [Smith Reynolds Airport] withheld against Mainline). Mainline
breached contractual agreement by failing to pass retainage reduction of 5% to R.A.L..
Smith-Reynolds Airport, NCDOT and FAA failed to enforce state and federal
regulations by approving invoices and issuing payments with knowledge of state and
federal violations/noncompliance.
. NC General Statute 143.131.1 was selectively enforced to benefit the prime
contractor while no efforts were made to address the legal rights of the subcontractor
pursuant to 143.131.1(3), (b6) or (e). Reference to 49CFR Part 18.36 is made to
substantiate applicability of North Carolina General Statute in lieu of federal
regulations pertaining to retainage. (See Attachment G [e-mails germane to retainage
reduction]). Ten pages of e-mail correspondence between Smith Reynolds Airport
attorney and FAA District Assistant Manager (Larry Clark).
. Retainage withholding was reduced by Smith-Reynolds Airport. Withholding was
reduced to 5%. Mainline continued to withhold 10% retainage against R.A.L. in
violation of contractual agreement (See Attachment G);
. Mainline Contracting failed to reconcile billing and payments per contract
specification. Contract specifications indicate billing procedures must be consistent
with “engineer’s measurements”. A arbitrary and capricious process was
established by Mainline to determine quantities of materials hauled (See Attachment
B,C,D and H);
. NC Dept. of Transportation executed a “Memorandum of Agreement with Smith-
Reynolds Airport” relinquishing responsibilities for “Civil Rights and Disadvantaged
Business Program obligations to Smith-Reynolds Airport with knowledge that
Smith-Reynolds Airport did not have the requisite DBE Liaison staff per contract
requirements nor a DBE Program. Failure to comply with federal regulations and
contract Assurance Agreement has substantially contributed to damage and losses to
R.A.L. Noncompliance with the following regulations: 49CFR Part 18/Uniform
administrative requirements for grants and cooperative agreements to state and local
governments; 49CFR Part 26/ Participation by Disadvantage Business Enterprise in
Department of Transportation Programs; Assurance Airport Sponsors (No.
5a/Preserving Rights and Powers; No. 30/Civil Rights; 29CFR Part 3 – Contractors
and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States; 41 CFR Part 60/Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor
(Federal and federally assisted contracting requirements).
7. NCDOT/FAA (Pattern of Violations)
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. North Carolina Department of Transportation serves as one of ten “block grant
states”, receiving grant funds from FAA on behalf of small airports. NCDOT’s
contractual agreement with FAA mandates development of a DBE Program for all
airports for which NCDOT receives “block grant” funds. NCDOT failed to ensure
development and implementation of a DBE Program for this project. NCDOT also
failed to comply with requirements to assign a DBE Liaison to address DBE
compliances. Such failures and negligence resulted in harm to R.A.L. (including, but
not limited to: nonpayment for work performed and accepted; unsubstantiated
termination of contract; loss of personal, commercial and financial sustainability;
injury to R.A.L. subcontractors – including loss/dissolution of businesses);
. North Carolina Dept. of Transportation and Smith-Reynolds Airport were aware that
Mainline Contracting had subcontracted R.A.L. Grading and Demolition under a
separate contract within the geographical area located in the “covered area” affecting
DBE goals on the Smith-Reynolds Airport Project. NCDOT and Smith-Reynolds
Airport were aware and continue to have awareness that Mainline Contracting
fraudulently submitted documents regarding DBE Participation for the second
project,
and Mainline failed to pay R.A.L. and all vendors and subcontractors for the second
project. NCDOT and Smith-Reynolds Airport failed to enforce “Requirement
Affirmative Action” under 41 CFR Part 60-2. Accordingly, losses and damages to
R.A.L. Grading and Demolition have been aggravated as R.A.L. Grading is unable to
secure payment on two separate projects (See Attachment K).
At present, R.A.L. Grading and Demolition believes the aforementioned acts entail
willful and intentional violations/non-compliances with federal and state laws resulting in
damages to R.A.L. We believe the State of North Carolina, the North Carolina Dept. of
Transportation, Smith-Reynolds Airport, AVCON Engineering and Mainline Contracting
have subverted laws in order to protect and benefit Mainline Contracting. The
overwhelming majority of evidence compiled by R.A.L. Grading and Demolition
suggests NC DOT, Smith-Reynolds Airport and AVCON Engineering did not impose
substantive requirements or limits on Mainline Contracting. Hence the following
additional violations ensued.
NCGS-54(c) Federal Aid.
NCGS 63-66. Administration of Article; powers of Department of Transportation
NCGS 63-70. Acceptance, receipt, accounting, and expenditure of State and federal
funds
NCGS 63-71(b) Receipt of federal grant
8. 29 CFR Part 3
29 CFR Part 5; 5.5(a)
NCDOT/FAA (Pattern of Violations)
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41 CFR Part 60
41 CFR Part 21
49 CFR Part 26
49 CFR Part 29
14 CFR Part 13
14 CFR Part 16
49 CFR Part 21
49 CFR Part 26 Subpart F Section 26.105
Executive Order 11246
Title VI
49 U.S.C. 47106(d)
49 U.S.C. 47111 (d)
49 U.S.C. 47122
49 CFR 26.103(b)
Pub.L. 97-248 96 Stat. 324, USC 519 (b)
I believe laws help form prevailing values and practices. Therefore, to the extent that
public entities and large private companies are allowed to violate laws and serve as
predators on small businesses and working poor citizens - this nation and the State of
North Carolina play a complicit and sometimes overt role in perpetuating practices of
inequity and application of a separate standard of justice.
Submitted by: Nathaniel Davis, President
R.A.L. Grading & Demolition
4406 Old Wake Forest Road
Suite 205
Raleigh, NC 27609
(919) 524-6475