HomeMy Public PortalAbout045-2020 - Airport - Butler Fairman & Seufert - Taxi Way A Rehabilitationr y �
AGREEMENT BETWEEN
OWNER AND ENGINEER
THIS AGREEMENT is dated as of the i qf,,- day of
Imam
in the year 2020, by and between RICHMOND BOARD OF AVIATION COMMISSIONERS, 50
North Fifth Street, Richmond, IN 47374, hereinafter called the OWNER and BUTLER,
FAIRMAN and SEUFERT, INC., 8450 Westfield Boulevard, Suite 300 Indianapolis, Indiana
46240, hereinafter called the ENGINEER.
WITNESSETH
WHEREAS the OWNER requires professional engineering services in connection with the
following described project:
Taxiway'A' Rehabilitation - Inspection Services
WHEREAS, the OWNER wishes to engage the ENGINEER to provide certain services
pertaining thereto; and
WHEREAS, the ENGINEER represents that it has sufficient qualified personnel and
equipment and is capable of performing the professional engineering services described herein;
is a corporation qualified to do business in the State of Indiana; and the services described
herein will be performed under the supervision of an engineer licensed to practice in the State of
Indiana.
The OWNER and the ENGINEER, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
SECTION I SERVICES BY ENGINEER
The services to be provided by the ENGINEER under this Agreement are set out in
Appendix "A", attached to this Agreement, and made an integral part hereof.
SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The information and services to be furnished by the OWNER are set out in Appendix
"B", attached to this Agreement, and made an integral part hereof.
SECTION III NOTICE TO PROCEED AND SCHEDULE
The ENGINEER shall begin the work to be performed under this Agreement upon
receipt of the written notice to proceed from the OWNER, and shall deliver the work to the
OWNER in accordance with the schedule contained in Appendix "C", attached to this Agree-
ment, and made an integral part hereof. The ENGINEER shall not begin work prior to the
date of the notice to proceed.
This Agreement shall be applicable to all assignments authorized by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective as to all
assignments authorized.
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Contract No. 45-2020
SECTION IV COMPENSATION
The ENGINEER shall receive payment for the work performed under this Agreement
as set forth in Appendix "D", attached to this Agreement, and made an integral part hereof.
SECTION V MISCELLANEOUS PROVISIONS
Miscellaneous Provisions are set out in Appendix "E", attached to this Agreement, and
made an integral part hereof.
SECTION VI GENERAL PROVISIONS
1. Work Office
The ENGINEER shall perform the work under this Agreement at the following office:
8450 Westfield Boulevard, Suite 300, Indianapolis, IN 46240
2. Employment
During the period of this Agreement, the ENGINEER shall not engage, on a full or part
time or other basis, any personnel who remain in the employ of the OWNER.
3. Subletting and Assignment
The ENGINEER and its subcontractors, if any, shall not assign, sublet, subcontract, or
otherwise dispose of the whole or any part of the work under this Agreement without prior
written consent of the OWNER. Consent for such assignment shall not relieve the ENGINEER
of any of its duties or responsibilities hereunder.
4. Use and Ownership
Until the engineer is paid therefor, all reports, tables, figures, drawings, specifications,
boring logs, field data, field notes, laboratory test data, calculations, estimates and other
documents prepared by the ENGINEER as instruments of service shall remain the property of
the ENGINEER. The OWNER shall be entitled to copies or reproducible sets of any of the
aforesaid. Upon payment, all such instruments of service shall become the property of OWNER.
The ENGINEER will retain all pertinent records relating to the services performed for a
period of five (5) years following performance of work, during which period the records will be
made available to the OWNER at all reasonable times.
. The ENGINEER agrees that the OWNER is not required to use any plan, report,
drawing, specifications, advice, map, document or study prepared by the ENGINEER and the
ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize
same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER
or actions that disregard the ENGINEER's recommendations to the OWNER shall release the
ENGINEER from any and all liability in connection with such work modified, amended or
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misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the
expressed approval of the ENGINEER.
5. Compliance with State and Other Laws
The ENGINEER specifically agrees that in performance of the services herein enumer-
ated by ENGINEER or by a subcontractor or anyone acting in behalf of either, that each will
comply with all State, Federal, and Local Statutes, Ordinances, and Regulations.
6. Professional Responsibility
The ENGINEER will exercise reasonable skill, care, and diligence in the performance of
services and will carry out all responsibilities in accordance with customarily accepted
professional engineering practices. If the ENGINEER fails to meet the foregoing standard, the
ENGINEER will perform at its own cost, and without reimbursement from the OWNER, the
services necessary to correct errors and omissions which are caused by the ENGINEER's
failure to comply with above standard, and which are reported to the ENGINEER within one (1)
year from the completion of the ENGINEER's services for the Project.
In addition, the ENGINEER will be responsible to the OWNER for damages caused by
its negligent conduct during ENGINEER's activities at the Project site or in the field.
The ENGINEER shall not be responsible for errors, omissions or deficiencies in the
designs, drawings, specifications, reports or other services of the OWNER or other consult-
ants, including, without limitation, surveyors and geotechnical engineers, who have been
retained by OWNER. The ENGINEER shall have no liability for errors or deficiencies in its
designs, drawings, specifications and other services that were caused, or contributed to, by
errors or deficiencies (unless such errors, omissions or deficiencies were known or should
have been known by the ENGINEER) in the designs, drawings, specifications and other
services furnished by the OWNER, or other consultants retained by the OWNER.
7. Status of Claims
The ENGINEER shall be responsible for keeping the OWNER currently advised as to
the status of any known claims made for damages against the ENGINEER resulting from
services performed under this Agreement. The ENGINEER shall send notice of claims related
to work under this Agreement to the OWNER.
B. Insurance
The ENGINEER shall at its own expense maintain in effect during the term of this
contract the following insurance with limits as shown or greater:
General Liability (including automobile) - combined single limit of $1,000,000.00;
Worker's Compensation - statutory limit; and
Professional Liability for protection against claims arising out of performance of profes-
sional services caused by negligent error, omission, or act in the amount of $1,000,000.00.
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The ENGINEER shall provide Certificates of Insurance indicating the aforesaid coverage
upon request of the OWNER.
9. Status Reports
The ENGINEER shall furnish a monthly Status Report to the OWNER by the fifteenth
(15th) of each month.
10. Changes in Work
In the event that either the OWNER or the ENGINEER determine that a major change in
scope, character or complexity of the work is needed after the work has progressed as directed
by the OWNER, both parties in the exercise of their reasonable and honest judgment shall
negotiate the changes and the ENGINEER shall not commence the additional work or the
change of the scope of the work until a supplemental agreement is executed and the
ENGINEER is authorized in writing by the OWNER to proceed.
11. Delays and Extensions
The ENGINEER agrees that no charges or claim for damages shall be made by it for
any minor delays from any cause whatsoever during the progress of any portion of the
services specified in this Agreement. Any such delays shall be compensated for by an
extension of time for such period as may be determined by the OWNER, subject to the
ENGINEER's approval. However, it being understood, that the permitting of the ENGINEER
to proceed to complete any services, or any part of them after the date to which the time of
completion may have been extended, shall in no way operate as a waiver on the part of
the OWNER of any of its rights herein.
12. Abandonment
Services may be terminated by the OWNER and the ENGINEER by thirty (30) days'
notice in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. If so abandoned, the ENGINEER shall
deliver to the OWNER copies of all data, reports, drawings, specifications and estimates com-
pleted or partially completed along with a summary of the progress of the work completed within
twenty (20) days of the abandonment. In the event of the failure by the ENGINEER to make
such delivery upon demand, then and in that event the ENGINEER shall pay to the OWNER
any damages sustained by reason thereof. The earned value of the work performed shall be
based upon an estimate of the portions of the total services as have been rendered by the
ENGINEER to the date of the abandonment for all services to be paid for on a lump sum basis.
The ENGINEER shall be compensated for services properly rendered prior to the effective
date of abandonment on all services to be paid on a cost basis or a cost plus fixed fee basis.
The payment as made to the ENGINEER shall be paid as the final payment in full settlement
and release for the services hereunder.
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13. Non -Discrimination
Pursuant to Indiana and Federal Law, the ENGINEER and ENGINEER's subcontrac-
tors, if any, shall not discriminate against any employee or applicant for employment, to be
employed in the performance of work under this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment
because of race, color, religion, sex, disability, national origin or ancestry. Breach of this coven-
ant may be regarded as a material breach of the Agreement.
14. Employment Eligibility Verification.
The ENGINEER affirms under the penalties of perjury that it does not knowingly
employ an unauthorized alien.
The ENGINEER shall enroll in and verify the work eligibility status of all its newly hired em-
ployees through the E-Verify program as defined in IC 22-5-1.7-3. The ENGINEER is not
required to participate should the E-Verify program cease to exist. Additionally, the
ENGINEER is not required to participate if the ENGINEER is self-employed and does not
employ any employees.
The ENGINEER shall not knowingly employ or contract with an unauthorized alien. The
ENGINEER shall not retain an employee or contract with a person that the ENGINEER
subsequently learns is an unauthorized alien.
The ENGINEER shall require its subconsultants, who perform work under this Contract, to
certify to the ENGINEER that the subconsultant does not knowingly employ or contract with
an unauthorized alien and that the subconsultant has enrolled and is participating in the E-
Verify program. The ENGINEER agrees to maintain this certification throughout the duration
of the term of a contract with a sub -consultant.
The OWNER may terminate for default if the ENGINEER fails to cure a breach of this provi-
sion no later than thirty (30) days after being notified by the OWNER.
15. No Investment in Iran.
As required by IC 5-22-16.5, the ENGINEER certifies that the ENGINEER is not engaged in
investment activities in Iran. Providing false certification may result in the consequences
listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state
contracts, as well as an imposition of a civil penalty.
16. Successor and Assigns
The OWNER and the ENGINEER each binds themselves and successors, executors,
administrators and assigns to the other party of this Agreement and to the successors, execu-
tors, administrators and assigns of such other party, in respect to all covenants of this
Agreement; except as above, neither the OWNER and the ENGINEER shall assign, sublet or
transfer their interest in the Agreement without the written consent of the other.
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17. Supplements
This Agreement may only be amended, supplemented or modified by a written docu-
ment executed in the same manner as this Agreement.
18. Governina Laws
This Agreement and all of the terms and provisions shall be interpreted and construed
according to the laws of the State of Indiana. Should any clause, paragraph, or other part of
this Agreement be held or declared to be void or illegal, for any reason, by any court having
competent jurisdiction, all other causes, paragraphs or part of this Agreement, shall neverthe-
less remain in full force and effect.
This Agreement contains the entire understanding between the parties and no modifi-
cation or alteration of this Agreement shall be binding unless endorsed in writing by the parties
thereto.
This Agreement shall not be binding until executed by all parties.
19. Independent Enaineer
In all matters relating to this Agreement, the ENGINEER shall act as an independent
engineer. Neither the ENGINEER nor its employees are employees of the OWNER under the
meaning or application of any Federal or State Laws or Regulations and the ENGINEER agrees
to assume all liabilities and obligations imposed in the performance of this Agreement. The
ENGINEER shall not have any authority to assume or create obligations, expressed or implied,
on behalf of the OWNER and the ENGINEER shall have no authority to represent as agent,
employee, or in any other capacity than as set forth herein.
20. Riahts and Benefits
The ENGINEER's services will be performed solely for the benefit of the OWNER and
not for the benefit of any other persons or entities.
21. Disputes
All claims or disputes of the ENGINEER and the OWNER arising out of or relating to the
Agreement, or the breach thereof, shall be first submitted to non -binding mediation. If a claim or
dispute is not resolved by mediation, the party making the claim or alleging a dispute shall have
the right to institute any legal or equitable proceedings in a court located within the county and
state where the project is located.
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IN WITNESS WHEREOF, the OWNER and the ENGINEER have signed this Agreement in
duplicate. One counterpart each has been delivered to the OWNER and the ENGINEER.
This Agreement will be effective on C A , 2020.
ENGINEER:
BUTLER, FAIRMAN and SEUFERT, INC
Bradley Watson, P.E., Executive Vice -
President
OWNER:
RICHMOND BOARD OF AVAITION
COMMISSIONERS
By:
0427
Signature
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T]ava Rt-aziangy PrPQ4d#-nt
(Print name and title)
David M. Snow, Mayor
(Print name and title)
APPENDIX "A"
SERVICES BY ENGINEER
A. PROJECT DESCRIPTION
Taxiway 'A' Rehabilitation from Runway 15-33 to Runway 24. The scope of work
includes: crack repair, mill and overlay, and pavement markings
B. SCOPE OF WORK
1. Project Administration
Prepare up to 1 FAA grant application.
Prepare up to 6 FAA and INDOT partial pay requests.
Prepare 1 closeout document and transmit report of final findings.
Report project status in up to 12 monthly Airport Board meetings.
2. Record Drawings
Prepare one set of record drawings based on the contractor's and RPR's information of
changes noted during the project. Record drawings shall be drafted in Autocad.
3. Construction Observation Services
Observe the work of the Contractor with a site visit at the preconstruction meeting and at
the final inspection.
Assist in interpretation of the plans and specifications and make recommendations to the
OWNER as needed.
Review all submittals and shop drawings transmitted by the Contractor.
Prepare all contract documents during construction including progress estimates, change
orders, Construction Management Report, Report of Final Findings, and correspondence
to the Contractor.
Review and evaluate Contractor proposals for contract changes and make
recommendations to the OWNER as to acceptance or rejection.
Assist the OWNER in verifying that the project is acceptable upon completion.
4. Resident Project Representative (RPR) Services
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Provide a resident representative on site while the Contractor is working for the project
duration.
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in
matters pertaining to the on -site work shall in general be with ENGINEER and Contractor
keeping OWNER advised. RPR's dealings with subcontractors shall only be through or
with the full knowledge and approval of Contractor. RPR shall generally communicate with
OWNER with the knowledge of and under the direction of ENGINEER.
RPR will attend meetings with Contractor, such as preconstruction conferences, progress
meetings, job conferences, final inspection and other project -related meetings.
RPR shall coordinate and schedule all acceptance testing requirements of the contract
documents.
RPR shall conduct on -site observations of the work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
RPR shall report to ENGINEER whenever RPR believes that any Work is unsatisfactory,
faulty or defective or does not conform to the Contract Documents, or has been damaged,
or does not meet the requirements of any inspection, test or approval required to be
made; and advise ENGINEER of Work that RPR believes should be corrected or rejected
or should be uncovered for observations, or requires special testing, inspection or
approval.
RPR shall maintain orderly files of correspondence, reports of job conferences, Shop
Drawings and samples, reproductions or original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications and
interpretations of the Contract Documents, progress reports, and other project related
documents.
RPR shall write a daily report and a FAA weekly reports that summarize activities on the
site and submit to the ENGINEER.
RPR shall observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance.
RPR shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by ENGINEER.
RPR shall not exceed limitations of ENGINEER's authority as set forth in the Agreement
or the Contract Documents.
RPR shall not undertake any of the responsibilities of Contractor, subcontractor or
Contractor's superintendent.
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RPR shall not advise on, issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the Contract Documents.
As there are several possible packages that could be awarded under this project, the fees
have been provided in a fashion so that the RPR services can match whatever option
ends up being awarded to the contractor.
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The OWNER shall, within a reasonable time, so as not to delay the services of the ENGINEER:
1. Provide full information as to ENGINEER's requirements for the Project.
2. Assist the ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative there-
to.
3. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor,
and other consultants as OWNER deems appropriate for such examination and render
in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
4. Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
6. Furnish all existing approvals or permits from all governmental authorities having juris-
diction over the Project. The ENGINEER will assist the OWNER in identifying and
procuring any additional permits associated with this Project.
6. Arrange for access to and make all provisions for the ENGINEER to enter upon public
and private property as required for the ENGINEER to perform services under this
Agreement.
7. Obtain necessary easements and right-of-way for construction of the Project, including
easement and right-of-way descriptions, property surveys and boundary surveys.
8. Furnish to the ENGINEER, as requested by the ENGINEER or as required by the
Contract Documents, data prepared by or services of others, including exploration and
tests of subsurface conditions at or contiguous to the site, drawings of physical condi-
tions in or relating to existing surface or subsurface structures at or contiguous to the
site.
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APPENDIX "C"
SCHEDULE
1. Work shall be started upon award of the project to the Contractor for services
described herein.
2. The services for inspection services have been based on a bid contract time of 40
days to Substantial Completion plus 15 days for pavement markings and punchlist.
Should the contract time be extended, additional or additional construction contracts
added under this grant, there may be cause for additional compensation to the
ENGINEER. Any time requested by the OWNER for gathering information and files for
an audit shall be billed as an additional service.
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R�T�TI�1 �17tr
COMPENSATION
A. Amount of Payment
1. The ENGINEER shall receive as payment for the work performed under Item No.
2 below.
2. The ENGINEER will be paid for the following work on a lump sum basis in
accordance with the following schedule:
Fee Schedule Summary:
Project Administration
Record Drawings
Construction Observation
$ 14,000.00
$ 4,000.00
$ 16,000.00
3. The ENGINEER will be paid for the work on an hourly not to exceed basis in
accordance with rates in Appendix D-1 on the following schedule:
Fee Schedule Summary:
Resident Project Representative $ 45,000.00
B. Additional Services
Additional Services would be services required in connection with permits, right-of-way
engineering, right-of-way acquisition, or any legal action or litigation requiring the tes-
timony and/or services of the ENGINEER, or if the OWNER or any other local, state,
or federal agency shall direct or cause the ENGINEER to relocate or redesign the pro-
ject, or any part thereof. The OWNER agrees to compensate the ENGINEER for
Additional Services on the basis of actual hours of work performed on the project at
the hourly billing rates noted in APPENDIX "D-1 ". The Hourly Billing Rates include
overhead and fixed fee.
Any change in standards, design criteria, or other requirements by governmental units
having jurisdiction over the contracted project which requires changes by the
ENGINEER in the plans shall be considered as Additional Services.
In the event that the OWNER retains someone other than the ENGINEER to provide
construction inspection, then the OWNER agrees to compensate the ENGINEER for
Additional Services rendered in connection with the interpretation of plans, project
stake -out or such other services that may be required during the construction phase of
the work to be performed.
The ENGINEER shall, on behalf of the OWNER, cause to be made all borings and
subsurface explorations and the analysis thereof; the cost of which shall be paid for by
the OWNER.
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For Acceptance Testing Outside Services $ 15,000.00
Mileage for Inspection $3,000.00
Mileage for Administration $1,000.00
C. Method of Payment
Payment shall be made by the OWNER to the ENGINEER each month as the work
progresses.
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APPENDIX "D-1"
SCHEDULE OF COMPENSATION
2020 HOURLY RATE SCHEDULE
Classification
E-V
Engineer V (Principal)
E-IV
Engineer IV
E-III
Engineer III
E-II
Engineer 11
E-1
Engineer I
FP -IV
Field Personnel IV — (Project Coordinator)
FP -III
Field Personnel III
FP-11
Field Personnel II
FP-IField
Personnel
EA -III
Engineer's Assistant III
EA-11
Engineer's Assistant II
EA -I
Engineer's Assistant I
SP-1
Support Personnel I
C-II
Clerical11
C-1
Clerical
P-III
Planner/Environmental Specialist III
P-11
Planner/Environmental Specialist II
P-1
Planner/Environmental Specialist I
Hourly Rates
$ 235.00
$ 194.00
$ 168.00
$ 128.00
$ 95.00
$ 180.00
$ 143.00
$ 112.00
$ 87.00
$ 173.00
$ 141.00
$ 95.00
$ 66.00
$ 115.00
$ 75.00
$ 140.00
$ 100.00
$ 85.00
The billing rates are effective January 2020 and may be adjusted annually (beginning
January 2021) to reflect changes in the compensation payable to the ENGINEER.
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APPENDIX E
MISCELLANEOUS PROVISIONS
PROVISIONS FOR ALL FEDERALLY FUNDED A/E CONTRACTS
The ENGINEER shall also comply with and include in every sub -tier the following federal clauses,
which the term contractor or sponsor within these clauses shall have the same meaning as
ENGINEER, whenever federal funding is anticipated.
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees
to provide the Owner, the Federal Aviation Administration and the Comptroller General of the
United States or any of their duly authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to the specific contract for
the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees.
to maintain all books, records and reports required under this contract for a period of not less
than three years after final payment is made and all pending matters are closed.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Consultant or its subcon-
tractors may result in the suspension or termination of this contract or such other action that
may be necessary to enforce_the rights .of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and
corrective actions the Consultant must undertake in order to avoid termination of the contract.
Owner reserves the right to withhold payments to Contractor until such time the Contractor
corrects the breach or the Owner elects to terminate the contract. The Owner's notice will
identify a specific date by which the Consultant must correct the breach. Owner may proceed
with termination of the contract if the Consultant fails to correct the breach by the deadline
indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations, rights
and remedies otherwise imposed or available by law.
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GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as
are promulgated to ensure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through
the completion of the contract. This provision is in addition to that required by Title VI of the
Civil Rights Act of 1964.
CIVIL RIGHTS — TITLE VI ASSURANCE
Title VI Solicitation Notice:
The Richmond Board of Aviation Commissioners in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regula-
tions, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afford-
ed full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and succes-
sors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consult-
ants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and
Authorities, as they may be amended from time to time, which are herein incorpo-
rated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor will not participate directly or in-
directly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR part 21.
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 procure-
ments of materials, or leases of equipment, each potential subcontractor or supplier
will be notified by the Contractor of the contractor's obligations under this contract
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and the Nondiscrimination Acts and Authorities on the grounds of race, color, or na-
tional origin.
4. Information and Reports: The Contractor will provide all information and re-
ports required by the Acts, the Regulations, and directives issued pursuant thereto
and will permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the sponsor or the Federal Aviation Ad-
ministration to be pertinent to ascertain compliance with such Nondiscrimination Acts
and Authorities and instructions. Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the sponsor or the Federal Aviation Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance
with the non-discrimination provisions of this contract, the sponsor will impose such
contract sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Con-
tractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of par-
agraphs one through six in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the Regulations, and directives
issued pursuant thereto. The Contractor will take action with respect to any subcon-
tract or procurement as the sponsor or the Federal Aviation Administration may
direct as a means of enforcing such provisions including sanctions for noncompli-
ance. Provided, that if the Contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the Contractor
may request the sponsor to enter into any litigation to protect the interests of the
sponsor. In addition, the Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and succes-
sors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (pro-
hibits discrimination on the basis of disability); and 49 CFR part 27;
Page 3 of 13
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as
amended (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the Fed-
erakaid recipients; sub -recipients and contractors, whether such programs or activities
are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimina-
tion on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
USC §§ 12131—12189) as implemented by U.S. Department of Transportation regula-
tions at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (pro-
hibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against mi-
nority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes dis-
crimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC 1681 et seq).
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 USC § 740-7671 q) and the Federal Water Pollution Control
Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the
Owner immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
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By submitting a bid/proposal under this solicitation, the consultant certifies that neither it nor
its principals are presently debarred or suspended by any Federal department or agency from
participation in this transaction.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may re-
quire or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic, including watchmen and guards, in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Con-
tractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of
the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the con-
tractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for com-
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pliance by any'subcontractor or lower tier subcontractor with the clauses set forth in para-
graphs (1) through (4) of this clause.
DISADVANTAGED BUSINESS ENTERPRISE
Information Submitted as a matter of bidder responsiveness:
The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR §26.53.
As a condition of bid responsiveness, the Bidder or Offeror must submit the following infor-
mation with its proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1)
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner's project goal; and
5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder. or Offeror as described in appendix A to 49 CFR part
26.
Information submitted as a matter of bidder responsibility:
The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR §26.53.
The successful Bidder or Offeror must provide written confirmation of participation from each
of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid open-
ing.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in .the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1)
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner's project goal; and
5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part
26.
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Richmond
Board of Aviation Commissioners to practice nondiscrimination based on race, color, sex, or
national origin in the award or performance of this contract. The Owner encourages participa-
tion by all firms qualifying under this solicitation regardless of business size or ownership.
Page 6 of 13
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 Con-
tractor shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of Department of Transportation -assisted contracts. Failure by the Contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the Owner deems appropriate, which may
include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non -responsible.
Prompt Payment (§26.29) — The prime contractor agrees to pay each subcontractor under
this prime contract for satisfactory performance of its contract no later than 30 days from the
receipt of each payment the prime contractor receives from the Richmond Board of Aviation
Commissioners. 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 Richmond Board of Aviation Commissioners. This
clause applies to both DBE and non -DBE subcontractors.
DISTRACTED DRIVING - TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving",
(12130/2009), the Federal Aviation Administration encourages recipients of Federal grant
funds to adopt and enforce safety policies that decrease crashes by distracted drivers, includ-
ing policies to ban text messaging while driving when performing work related to a grant or
subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
drivers, including policies that ban text messaging while driving motor vehicles while perform-
ing work activities associated with the project. The Contractor must include the substance of
this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehicle in
performance of work activities associated with the project.
ENERGY CONSERVATION REQUIREMENTS
Consultant and sub -consultant agree to comply with mandatory standards and policies relating
to energy efficiency as contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (42 USC 6201etseq).
Page 7 of 13
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same
force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, record -
keeping, and child labor standards for full and part-time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regula-
tion. The Consultant must address any claims or disputes that arise from this requirement
directly with the U.S. Department of Labor — Wage and Hour Division.
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Bidder or Offeror, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Fed-
eral contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or co-
operative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
employer must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee. The employer retains full responsibility
Page 8 of 13
to monitor its compliance and their subcontractor's compliance with the applicable require-
ments of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer
must address any claims or disputes that pertain to a referenced requirement directly with the
U.S. Department of Labor — Occupational Safety and Health Administration.
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY
CONVICTIONS
The applicant must complete the following two certification statements. The applicant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a
checkmark (✓) in the space following the applicable response. The applicant agrees that, if
awarded a contract resulting from this solicitation, it will incorporate this provision for certifica-
tion in all lower tier subcontracts.
Certifications
1) The applicant represents that it is ( ) is not (✓) a corporation that has any unpaid Fed-
eral tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax li-
ability.
2) The applicant represents that it is ( ) is not (✓) is not'a corporation that was convicted
of a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant
is ineligible to receive an award unless the sponsor has received notification from the agency
suspension and debarment official (SDO) that the SDO has considered suspension or debar-
ment and determined that further action is not required to protect the Government's interests.
The applicant therefore must provide information to the owner about its tax liability or convic-
tion to the Owner, who will then notify the FAA Airports District Office, which will then notify the
agency's SDO to facilitate completion of the required considerations before award decisions
are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-
four (24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under
18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has. been
assessed, for which all judicial and administrative remedies have been exhausted, or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
Page 9 of 13
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its conven-
ience and without cause or default on the part of Consultant. Upon receipt of the notice of
termination, except as explicitly directed by the Owner, the Contractor must immediately
discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, sur-
veys, models, drawings, specifications, reports, maps, photographs, estimates, summaries,
and other documents and materials prepared by the Engineer under this contract, whether
complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory
work completed up through the date the Consultant receives the termination notice. Compen-
sation will not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that
are incomplete as a result of the termination action under this clause.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obliga-
tions that are essential to the completion of the work per the terms and conditions of the
Agreement. The party initiating the termination action must allow the breaching party an
opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the
breach, the conditions necessary to cure the breach, and the effective date of the termination
action. The rights and remedies in this clause are in addition to any other rights and remedies
provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in
part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Pro-
ject.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all
services affected unless the notice directs otherwise. Upon termination of the Agreement,
the Consultant must deliver to the Owner all data, surveys, models, drawings, specifica-
tions, reports, maps, photographs, estimates, summaries, and other documents and
Page 10 of 13
materials prepared by the Engineer under this contract, whether complete or partially com-
plete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory
work completed up through the date the Consultant receives the termination notice. Com-
pensation will not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that
are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not
in default of the Agreement, the rights and obligations of the parties shall be the same as if
the Owner issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole
or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agree-
ment;
3. Suspends the Project for more than [180] days due to reasons beyond the control of
the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate
with Consultant for the purpose of terminating the agreement or portion thereof, by mutual
consent. If Owner and Consultant cannot reach mutual agreement on the termination set-
tlement, the Consultant may, without prejudice to -any rights and remedies it may have,
proceed with terminating all or parts of this Agreement based upon the Owner's breach of
the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner
and to receive full payment for all services performed or furnished in accordance with this
Agreement and all justified reimbursable expenses incurred by the Consultant through the
effective date of termination action. Owner agrees to hold Consultant harmless for errors
or omissions in documents that are incomplete as a result of the termination action under
this clause.
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect fo this solicitation and any
resultant contract, the Offeror
1) is not owned or controlled by one or more citizens of a foreign country included in the
list of countries that discriminate against U.S. firms as published by the Office of the
United States Trade Representative (USTR);
Page 11 of 13
2) has not knowingly entered into any contract or subcontract for this project with a per-
son that is a citizen or national of a foreign country included on the list of countries that
discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project
that is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offe-
ror/Contractor learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Contractor
must require subcontractors provide immediate written notice to the Contractor if at any time it
learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accord-
ance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country in-
cluded on the list of countries that discriminate against U.S. firms published by the
USTR or,
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such
USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in all lower tier subcontracts. The Contractor
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by
USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct
through the Owner cancellation of the contract or subcontract for default at no cost to the
Owner or the FAA.
VETERAN'S PREFERENCE
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In the employment of labor (excluding executive, administrative, and supervisory positions),
the Contractor and all sub -tier contractors must give preference to covered veterans as
defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -
era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and
small business concerns (as defined by 15 USC 632) owned and controlled by disabled
veterans. This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
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