SLED Opportunity · ARIZONA · CITY OF SIERRA VISTA
AI Summary
City of Sierra Vista seeks bids for FAA-funded rehabilitation of the main apron pavement at Sierra Vista Municipal Airport. Work includes crack sealing, seal coating, and repainting pavement markings. Bids due April 23, 2026, with mandatory pre-proposal meeting on April 2, 2026. Project subject to federal labor and compliance requirements.
The City of Sierra Vista is requesting bids from qualified Contractors for Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048, 2026-IFB-034-AI048 to be received no later than Thursday, April 23, 2026 at 10:00 am. All bids received after bid response deadline will not be accepted.
This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations.
| Event | Date | Location |
|---|---|---|
| Bid Opening | 2026-04-23T17:00:00.000Z | Virtual Teams Meeting Link: https://tinyurl.com/226p6bdy Meeting ID: 251 989 333 321 76 Passcode: xR6Zt3mV Phone Conference: 1 602-704-1809 ID: 841 316 084# |
| Site Visit | Sierra Vista Municipal Airport 2100 Airport Avenue Sierra Vista, Arizona 85635 |
Addendum 1 is hereby issued and includes the following:
ADDITION
REPLACEMENTS
REVISIONS
DELETION
Please use the See What Changed link to view all the changes made by this addendum.
All Questions and Answers are posted and hereby incorporated via the attached Question and Answer Report. All other terms of the solicitation remain.
The Scope of Work, Drawings, Bid Tab*, and other documents are in the "Attachments" section, listed as follows:
A - FHU_MAIN APRON DESIGN REPORT
B - FHU_MAIN APRON REHABILITATION CONTRACT DRAWINGS
D - Prevailing Wage Rates Highway 3.20.2026
E - BID TAB (for bid preparation only)*
F - Bid Terms and Conditions
G - WEEKLY CONSTRUCTION SCHEDULE FORM
H - Post Award Documents
I - Award Documents
J - SAMPLE CONSTRUCTION CONTRACT
K - CONTRACT BOND
L - LABOR AND MATERIALS BOND
*The Bid Tab in the Attachments section is for worksheet purposes only. All bid prices must be entered into the OpenGov software "Pricing Proposal" spreadsheet in Section 3.
NOTICE OF INVITATION FOR BIDS
Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048
IFB# 2026-IFB-034-AI048
The City of Sierra Vista will accept competitive bids from qualified contractors for Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048. The scope of work involves This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations. .
No pre-solicitation meeting has been scheduled.
Bids must be submitted in via the City's e-Procurement System, OpenGov https://procurement.opengov.com/portal/sierravistaaz. Bids shall be received until Thursday, April 23, 2026 before 10:00 am Arizona Time, at which time the bids shall be opened and the name and pricing of each responding firm shall be publicly read via virtual meeting.
The solicitation documents may be obtained by downloading them at the following URL: https://procurement.opengov.com/portal/sierravistaaz. Should you have any issues accessing the documents, please email or call:
Helen Lee
Chief Procurement Officer
helen.lee@sierravistaaz.gov
(520) 439-2207
Post: Sunday, March 22, 2026
Open: Thursday, April 23, 2026 at 10:00 am, Arizona Time
These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction and other provisions of the Contract document as indicated below. All provisions which are not so amended or supplemented remain in fill force and effect.
The City of Sierra Vista is requesting bids from qualified licensed Contractors for This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations. .
This project is federally funded by Community Development Block Grant (CDBG) No. NA and will be subject to Davis Bacon prevailing wage rates, Section 3 provisions and other federal terms and conditions. We encourage the use of small and minority businesses and women's business enterprises.
Bids must be submitted in electronic form via the City’s e-Procurement Portal, Open Gov (https://secure.procurenow.com/portal/sierravistaaz). Bids shall be received until Thursday, April 23, 2026 before 10:00 am Arizona Time, at which time the bids shall be opened and read aloud as a matter of public record.
Late bids shall not be accepted.
Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least ten (10) calendar days prior to termination, cancellation, or reduction in coverage on any policy.
Reference made to the current Uniform Standard Specifications and Details for Public Works Construction refers to documents sponsored and distributed by the Maricopa Association of Governments (MAG), and by this reference hereby made part of these specifications. A bidder may review copies of the MAG specifications in both the Engineering and Procurement Departments.
MAG specifications shall govern EXCEPT as changed below. Changes are shown in bold italic text.
In order to avoid cumbersome and confusing repetition of expressions in these specifications, it shall be understood as if the expression were followed by the words by the Project Officer or to the Project Officer.
The City of Sierra will accept competitive bids from qualified contractors to This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations. .
Bids must be submitted in electronic form via the City’s e-Procurement Portal, OpenGov (https://secure.procurenow.com/portal/sierravistaaz). Bids shall be received until Thursday, April 23, 2026 before 10:00 am Arizona Time, at which time the bids shall be opened and read aloud as a matter of public record.
Late bids shall not be accepted.
The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meaning assigned to them in the General Conditions.
The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies shall include the City of Sierra Vista as an additional insured with respect to liability arising out of the performance of this contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.
It is highly recommended that firms responding to this RFP register their entity at SAM.gov. The process is free and a requirement for award of work on federally funded projects. To register, follow the link provided: https://sam.gov/content/entity-registration . Once registered, your firm will be issued a Unique Identifier Number. The registration process usually takes several days but can be up to several weeks depending on demand.
NOTICE OF INVITATION FOR BIDS
Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048
IFB# 2026-IFB-034-AI048
The City of Sierra Vista will accept competitive bids from qualified contractors for Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048. The scope of work involves This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations. .
A non-mandatory Pre-Solicitation On-site and Virtual Meeting and has been scheduled for this project for Thursday, April 2, 2026, at 10:30 am at:
Virtual Teams Meeting Link: https://tinyurl.com/4r2u53zv Meeting ID: 210 454 103 792 54 Passcode: HY3dc2jD Phone Conference: 1 602-704-1809 ID: 383 405 751# In-Person Meeting Sierra Vista Public Works - Pete Castro Center Building Training Room 401 Giulio Cesare Avenue Sierra Vista, Arizona 85635
The project is funded by the Federal Aviation Authority (FAA) and will be subject to federal requirements under 2 CFR 200, to include Davis Bacon prevailing wage rated and Disadvantaged Business Enterprise (DBE) programs. There is currently no DBE goal set for this project. SBE firms are encouraged to participate.
Bids must be submitted in via the City's e-Procurement System, OpenGov https://procurement.opengov.com/portal/sierravistaaz. Bids shall be received until Thursday, April 23, 2026 before 10:00 am Arizona Time, at which time the bids shall be opened and the name and pricing of each responding firm shall be publicly read via virtual meeting. Meeting details can found in the bid documents.
The solicitation documents may be obtained by downloading them at the following URL: https://procurement.opengov.com/portal/sierravistaaz. Should you have any issues accessing the documents, please email or call:
Helen Lee
Chief Procurement Officer
helen.lee@sierravistaaz.gov
(520) 439-2207
Post: Sunday, March 22, 2026
Open: Thursday, April 23, 2026 at 10:00 am, Arizona Time
NOTICE OF INVITATION FOR BIDS
Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048
IFB# 2026-IFB-034-AI048
The City of Sierra Vista will accept competitive bids from qualified contractors to Sierra Vista Municipal Airport Main Apron Rehabilitation - FAA Funded AI048. The scope of work involves This project includes sealing and repairing cracks in the main apron pavement to clean up existing wear and tear and help extend the life of the surface. After the crack work is complete, a seal coat will be applied to refresh and protect the pavement. Once that has cured, all pavement markings will be repainted to restore clear, visible striping for safe operations. .
A mandatory Pre-Solicitation On-site and Virtual Meeting and has been scheduled for this project for Thursday, April 2, 2026, at 10:30 am at:
Virtual Teams Meeting Link: https://tinyurl.com/4r2u53zv Meeting ID: 210 454 103 792 54 Passcode: HY3dc2jD Phone Conference: 1 602-704-1809 ID: 383 405 751# In-Person Meeting Sierra Vista Public Works - Pete Castro Center Building Training Room 401 Giulio Cesare Avenue Sierra Vista, Arizona 85635
All bidders are required to attend the mandatory pre-solicitation meeting to be eligible to submit a response to this solicitation.
Bids must be submitted in via the City's e-Procurement System, OpenGov https://procurement.opengov.com/portal/sierravistaaz. Bids shall be received until Thursday, April 23, 2026 before 10:00 am Arizona Time, at which time the bids shall be opened and the name and pricing of each responding firm shall be publicly read via virtual meeting.
The solicitation documents may be obtained by downloading them at the following URL: https://procurement.opengov.com/portal/sierravistaaz. Should you have any issues accessing the documents, please email or call:
Helen Lee
Chief Procurement Officer
helen.lee@sierravistaaz.gov
(520) 439-2207
Post: Sunday, March 22, 2026
Open: Thursday, April 23, 2026 at 10:00 am, Arizona Time
Federal funds are being used to assist in the construction of this project and the contractor, accordingly, will be required to comply with all applicable federal laws, including, but not limited to, the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented by Department of Labor Regulations (29 CFR, Part 3).
Based on the U.S. Department of Transportation (USDOT) Disadvantaged Business Enterprise (DBE) Interim Final Rule (IFR) effective Oct. 3, 2025, DBE participation can not be counted for DBE credit until the Arizona Unified Certification Program (AZUCP) partners, ADOT, and the cities of Phoenix and Tucson have completed a required reevaluation process. Once the AZUCP has completed this process, counting participation can resume.
As of the date of release of this solicitation, there is no established DBE contract goal for this project. SBE's are encouraged to participate in this solicitation process.
Coverage Afforded Limits of Liability
Worker's Compensation Statutory
Employer Liability $2,000,000
Commercial General $2,000,000 Bodily Injury and Property
Liability Insurance Including: Combined Single Limit
(1) Premises and Operations
(2) Product and Completed Operations
(3) Blanket Contractual
(4) Broad Form Property Damage
(5) Personal Injury
(6) Commercial Automobile $2,000,000 Bodily Injury and Property (Combined Single Limit)
Liability Insurance Including:
(1) Owned
(2) Non-Owned
(3) Leased
(4) Hired Vehicles
Professional Liability Insurance $2,000,000 (minimum)
(Errors/Omissions) (Combined Single Limit)
(Professional Services Only)
Bidder/consultant will present to the City written evidence (Certifications of Insurance) of compliance with Items A., B., and C. above. Said evidence shall be to the City Chief Procurement Officer’s satisfaction.
A mandatory Pre-Solicitation On-site and Virtual Meeting and has been scheduled for this project for Thursday, April 2, 2026, at 10:30 am at:
Virtual Teams Meeting Link: https://tinyurl.com/4r2u53zv Meeting ID: 210 454 103 792 54 Passcode: HY3dc2jD Phone Conference: 1 602-704-1809 ID: 383 405 751# In-Person Meeting Sierra Vista Public Works - Pete Castro Center Building Training Room 401 Giulio Cesare Avenue Sierra Vista, Arizona 85635
All bidders are required to attend the mandatory pre-soliciation meeting to be eligible to submit a response to this solicitation.
The following listed documents constitute the Contract Documents and they are all as fully a part of the Contract as if herein repeated.
Required Pre-Award Documents
1. Notice Inviting Sealed Bids*
2. Information for Bidders*
3. Bid Schedule*
4. Non-Collusion Affidavit
5. Authorized Signature Form
6. Arizona Statutory Bid Bond for Construction
7. Subcontractors, Lower-Tier Contractors and Material Supplier List
8. General Conditions of the Construction*
9. Supplementary Conditions*
10. LS-2, Contractor Certification
11. Certification Regarding Lobbying
12. Certification Regarding Conflict of Interest
13. Civil Rights Provisions
14. Section 503 Clause (Affirmative Action for Handicapped Workers)
15. Section 3 Clause
16. Equal Employment Opportunity Provision
17. Federal Labor Standards Provisions (HUD 4010)
18. Wage Rate Determination*
19. Specifications*
20. Drawings*
21. Addenda*
22. Section 3 Assurance**
23. Section 3 Estimated Project Work Force Breakdown**
24. Section 3 Business Self-Certification**
Required Award Documents
25. Certificate of Insurance
26. Notice of Award*
27. Notice of Non-Award*
28. Notice to Proceed*
29. Construction Agreement*
30. Contract Bond
31. Labor & Materials Bond Required Post-Award Documents
32. Form A, Point of Contact Information Sheet
33. Form B, Project Wage Rate Classifications and Additional Classifications
34. LS-3, Subcontractor Certification
35. LS-4, Weekly Payroll Reports
36. LS-5, Statement of Compliance
37. LS-6, Pre-Construction Conference Report
38. LS-7, Notice to All Employees
39. LS-8, Construction Status Report
40. LS-13, Request to Conform an Additional Classification
41. LS-15, Authorization for Deductions
42. LS-17, Certification of Applicable Fringe Benefit Payments
43. Non-Discrimination Poster
44. Equal Employment Opportunity Certification Poster
45. Equal Employment Opportunity – Is the Law Poster
46. LS-9, Record of Employee Interviews
47. LS-10, On-Site Inspection Report
48. LS-11, Labor Standards Investigative Reports
49. LS-12, Labor Standards Enforcement Report
50. S33P-1, JOBS! JOBS! JOBS! Section 3 Notice
51. S3P-2, Preliminary Resident Eligibility Determination
52. S3P-3, Employment Survey
53. S3R-1, Notice Documentation
54. S3R-2, Business Utilization Report
55. S3R-3, Applicant and New Hire Employment Report
*City-Issued
**Required for Bids totaling $100,000 and over only
A non-mandatory Pre-Solicitation On-site and Virtual Meeting and has been scheduled for this project for Thursday, April 2, 2026, at 10:30 am at:
Virtual Teams Meeting Link: https://tinyurl.com/4r2u53zv Meeting ID: 210 454 103 792 54 Passcode: HY3dc2jD Phone Conference: 1 602-704-1809 ID: 383 405 751# In-Person Meeting Sierra Vista Public Works - Pete Castro Center Building Training Room 401 Giulio Cesare Avenue Sierra Vista, Arizona 85635
Any bidder interested in submitting a bid proposal shall obtain a bid packet via the City's e-Procurement Portal, OpenGov.
ACCESS TO RECORDS AND REPORTS ( 2 CFR § 200 Appendix II(A)
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports required under this contract for a period of not less than five years after final payment is made and all pending matters are closed (A.R.S. 35-214).
BUY AMERICAN PREFERENCE ( 49 USC § 50101)
(see page 65)
CIVIL RIGHTS – GENERAL ( 49 USC § 47123)
The contractor agrees that it will 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 handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the following periods:
(a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which the airport sponsor or any transferee retains ownership or possession of the property.
CIVIL RIGHTS – TITLE VI ASSURANCES (Appendix of FAA Order1400.11) Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration
The City of Sierra Vista, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
Reference: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
a) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
b) Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
d) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, 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.
e) 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:
i. Withholding payments to the contractor under the contract until the contractor complies; and/or
ii. Cancelling, terminating, or suspending a contract, in whole or in part.
f) Incorporation of Provisions: The contractor will include the provisions of paragraphs a) through f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 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 U.S.C. § 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 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 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 Federal-aid 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 discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26)
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt of each payment the prime contractor receives from the Sponsor. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar 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 Sponsor. This clause applies to both DBE and non-DBE subcontractors.
ENERGY CONSERVATION REQUIREMENTS (2 CFR § 200 Appendix II(H) )
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (29 USC § 201, et seq.)
All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Wage and Hour Division.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR part 20, Appendix A)
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
Page 10 of 28 Revised Jan 19, 2016 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.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (20 CFR part 1910)
All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor 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.
RIGHT TO INVENTIONS ( 2 CFR § 200 Appendix II(F))
All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
TRADE RESTRICTION CLAUSE ( 49 CFR part 30)
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR);
b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list;
c) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier Page 11 of 28 Revised Jan 19, 2016 subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
TEXTING WHEN DRIVING (Executive Order 13513, and DOT Order 3902.10)
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant.
The contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The contractor must include these policies in each third party subcontract involved on this project.
VETERAN’S PREFERENCE ( 49 USC § 47112(c))
In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
COPELAND “ANTI-KICKBACK” ACT (2 CFR § 200 Appendix II(D), 29 CFR parts 3 & 5 )
The United States Department of Labor Wage and Hours Division oversees the Copeland “Anti-Kickback” Act requirements. All contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970.
United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland “Anti-Kickback” Act requirements required to be inserted in solicitations, contracts or subcontracts.
DAVIS-BACON REQUIREMENTS ( 2 CFR § 200 Appendix II(D) )
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii) (A) thru (D)
(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and to advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii) (A) thru (D)
(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/govcontracts/dbra.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance With Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
AFFIRMATIVE ACTION REQUIREMENT (41 CFR part 60-4, Executive Order 11246)
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
A. Timetables
B. Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80)
C. Goals for female participation in each trade (6.9%)
These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor is also subject to the goals for both federally funded and non-federally funded construction regardless of the percentage of federal participation in funding.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs (OFCCP), within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is the Apron and Taxiway J at Sierra Vista Municipal Airport in Sierra Vista, Arizona.
AFFIRMATIVE ACTION PLAN
The Department of Labor is responsible for administering the Executive Order 11246, which contains requirements for an Affirmative Action Plan. This Plan is similar in content and requirements to the affirmative action plan required in 49 CFR Part 152 subpart e. 49 CFR Part 152 applied to grants issued under the Airport Development Aid Program, which was replaced by the Airport Improvement Program.
EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS ( 41 CFR § 60-1.4, Executive Order 11246)
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7.a through 7.p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7.a through 7.p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7.a through 7.p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
NONSEGREGATED FACILITIES REQUIREMENT ( 41 CFR § 60-1.8)
NOTICE OF NONSEGREGATED FACILITIES REQUIREMENT
Notice to Prospective Federally Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause.
3. The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001.
Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause.
3. The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files.
TERMINATION OF CONTRACT ( 2 CFR § 200 Appendix II(B) )
a) The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor.
b) If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services.
c) If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause.
e) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
DEBARMENT AND SUSPENSION (NON-PROCUREMENT) ( 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility )
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: https://www.sam.gov.
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment.
BREACH OF CONTRACT TERMS ( 2 CFR § 200 Appendix II(A) )
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. 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.
CLEAN AIR AND WATER POLLUTION CONTROL ( 49 CFR § 18.36(i)(12) and 2 CFR § 200 Appendix II(G)
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ( 2 CFR § 200 Appendix II (E)
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor 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 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
The contractor shall provide written notification to the Director OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; estimated dollar amount of the subcontract; and the geographical area in which the subcontract is to be performed under 29 CFR Part 5 (paragraph 5.6(b)).
As used in this notice and in the contract resulting from this solicitation, the "covered area" is Cochise County, Arizona.
When a determination has been made to award a contract or subcontract to a specific contractor, such contractor is required, prior to the award or after the award, or both, to furnish such other information as the FAA, the sponsor, or the Director of OFCCP requests.
Contractors and subcontractors may satisfy requirements of the EEO contract clause by stating in all solicitations or advertisements for employees that:
"All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin."
Or by using the single advertisement in which appears in clearly distinguishable type, the phrase:
"An equal opportunity employer Pre-award Compliance Review. Upon request of the Department of Labor, a sponsor will not enter into contracts or approve the entry into contracts or subcontracts with any bidder, prospective prime contractor, or proposed subcontractor named by the Department of Labor until a pre-award compliance review has been conducted and approved with a determination that the bidder, prospective prime contractor or proposed subcontractor will be able to comply with the provisions of the Equal Opportunity Clause.
A bid may not be accepted by a contractor whose name appears on the current list of ineligible contractors published by the Department of Labor.
15. Attention of bidders is called to the requirements of the State of Arizona Executive Order 75-5, dated April 28, 1975 as amended by Executive Order 99-4, relating to equal opportunity which is herein incorporated by reference. The bidder to whom a Contract is awarded will be required to comply with all provisions of this Executive Order as will any Subcontractors.
16. No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the Owner unless such assignment has had prior approval of the Owner and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
17. Liquidated damages for delay are provided for in the Specifications and are detailed in the Proposal.
18. Partial Payments will be made monthly.
19. The work for this project is being performed under Airport Improvement Project grant agreements between the City of Sierra Vista and the Department of Transportation - Federal Aviation Administration as well as grants from the Arizona Department of Transportation. Said agreements require the City to obtain approval from the FAA and ADOT for all contract awards. The City will not award a contract until the approval of such award is received from the Federal Aviation Administration and the Arizona Department of Transportation.
No bid proposal shall be read unless accompanied by a bid proposal guarantee in the form and amount stated in the bid packet. The guarantee shall be made payable and acceptable to the City of Sierra Vista as a guarantee that the bidder, if awarded the contract, will execute the contract documents and furnish the required bonds and certificates of insurance.
No pre-solicitation meeting has been scheduled.
The Contractor shall maintain accounts and records, including personnel, property and financial records adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds both Federal and non-Federal shares. These records will be retained for five (5) years after the expiration of this contract unless permission to destroy them is granted in writing by the City.
Legible copies of all records maintained by the Contractor shall be made available, upon request, to the City, the Office of the Inspector General (HUD), and any other body authorized by the City.
All questions related to this IFB shall be submitted in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before, Thursday, April 9, 2026 by 5:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.
The following reasons shall be considered as being sufficient for the disqualification of a bidder and the rejection of his bid proposal:
The following reasons shall be considered as being sufficient for the disqualification of a bidder and the rejection of his bid proposal:
Any changes to the bid documents will be distributed to all bidders in the form of an Addendum. Verbal discussions or comments will not change the official bid docs unless provided in a written Addendum. Addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this IFB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.
Not withstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor. Therefore, the City may withhold from the Contractor any payments to off-set expenses until such time as the exact amount of damages due the City from the Contractor is determined.
Bids may be withdrawn through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in OpenGov. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals prior to the bid opening.
No bidder may withdraw his bid for a period of one hundred twenty (120) days following the bid openings.
The City may terminate this Contract at any time by giving at least ten days notice in writing to the Contractor. If the City terminates the Contract as provided herein, the City will pay the Contractor for the time provided and expenses incurred up to the termination date. If the City terminates this Contract due to the fault of the Contractor, the aforementioned clause relative to termination shall apply.
Unless otherwise specified in the bid packet, the successful bidder may obtain up to four sets of plans and special provisions for the project from the City of Sierra Vista at no cost.
In case the City rejects all bid proposals, any subsequent changes, additions, addenda, or new sets of plans and special provisions will be provided to all purchasers of the first issue of the plans and special provisions at no additional charge, except that out-of-town bidders shall pay shipping charges.
The Contract shall be awarded to the lowest responsive, responsible, and eligible bidder qualified to participate in federally funded projects.
The City reserves the right to waive any informality in bids received, and to accept, increase, or reduce the quantities of any or all items of any bid proposal, unless the bidder qualifies such bid by specific limitation.
The contract(s) shall be awarded to the lowest responsive/responsible bidder.
The City reserves the right to waive any informality in bids received, and to accept, increase, or reduce the quantities of any or all items of any bid proposal, unless the bidder qualifies such bid by specific limitation.
The Chief Procurement Officer may condition award of any successful bid upon payment of any and all required taxes, license fees, or other monies due to the city or another governmental agency.
No bid proposal shall be withdrawn for a period of one hundred twenty (120) days after opening without consent of the City of Sierra Vista through the body or agent duly authorized to accept or reject the bid proposal except that in the case of Federally assisted projects or other projects award of which is conditioned on the approval of an agency not under the control of the City of Sierra Vista, withdrawal shall not be made within a period of one hundred twenty (120) days after opening without such consent.
The successful bidder shall be furnished a Notice of Award on:
Each bidder shall denote his Arizona State Contractor's License Number and Classification as evidence that he is qualified to contract and perform the work as indicated in the specifications and plans.
No bid proposal shall be withdrawn for a period of one hundred twenty (120) days after opening without consent of the City through the body or agent duly authorized to accept or reject the bid proposal except that in the case of Federally assisted projects or other projects award of which is conditioned on the approval of an agency not under the control of the City , withdrawal shall not be made within a period of one hundred twenty (120) days after opening without such consent.
The successful bidder shall be furnished a Notice of Award on:
Each bid shall be submitted in OpenGov under the Section titled "Pricing Proposal", to the specifications and shall be accompanied by a bid bond acceptable to the City of Sierra Vista for a penal sum of not less than ten percent (10%) of the amount of the bid made payable to the order of the City of Sierra Vista.
The Contractor shall agree to carry all insurance which may be required by Federal and State Laws, County and City Ordinances, Regulations and Codes. Neither the contractor nor any subcontractor shall commence work under a contract until the City of Sierra Vista has approved the insurance. The entire project covered by the contract will be at the contractor's risk until final acceptance by the City of Sierra Vista.
Concurrently with the execution of the contract, the Contractor shall furnish the City of Sierra Vista the following:
Any protest shall be in writing and shall be filed with the Chief Procurement Officer. A protest of an Invitation for Bids shall be received at the Office of the Chief Procurement Officer before the Bid opening date. A protest of an award or of a proposed award shall be filed within fourteen (14) days after the protester knows or should have known the basis of the protest. A protest shall include:
In addition to the City of Sierra Vista, and with approval of the Contracted Vendor, this Contract may be extended for use by other municipalities, school districts, and governmental agencies of the state. Any such usage by other entities must be in accordance with the city code, charter, and/or procurement rules and regulations of the respective governmental entity.
Complete information regarding the bid requirements and the contract execution may be found within Sections 102 and 103, Uniform Standard Specifications for Public Works Construction, sponsored and distributed by the Maricopa Association of Governments (MAG) as modified herein. All questions should be sent in writing to the procurement office: Helen.Lee@SierraVistaAZ.gov.
The Contractor shall agree to carry all insurance which may be required by Federal and State laws, County and City Ordinances, Regulations and Codes. Neither the Contractor nor any Subcontractor shall commence work under a contract until the City has approved the insurance. The entire project covered by this Contract will be at the Contractor's risk until final acceptance by the City of Sierra Vista.
Concurrently with the execution of the Contract, the Contractor shall furnish the City the following:
All prospective bidders must furnish prequalification information by the dates specified and in the manner specified in General Provisions Part 20‑02 or evidence that they are prequalified with ADOT, Highways Division to do work. Evidence of competency and evidence of financial responsibility shall be submitted in the Vendor Response.
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City of Sierra Vista, its agents, officers, officials, and employees from and against all tortuous claims, damages, losses, and expenses, including but not limited to attorney fees, court costs, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work, or services of the Contractor, its agents, employees, or any tier of Contractor’s subcontractors in the performance of this Contract. Contractor’s duty to defend, hold harmless, and indemnify the City of Sierra Vista, its agents, officers, officials, and employees shall arise in connection with any tortuous claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any Contractor’s acts, errors, mistakes, omissions, work, or services in the performance of this Contract including any employee of the Contractor, any tier of Contractor’s subcontractor or any other person for whose acts, errors, mistakes, omissions, work, or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
Compliance with Federal and State Laws. The Contractor understands and acknowledges the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. §34-301, “Employment of Aliens on Public Works Prohibited,” and A.R.S. §34-302, as amended, “Residence Requirements for Employees.”
Under the provisions of A.R.S. §41-4401, Contractor hereby warrants to the City of Sierra Vista that the Contractor and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Contractor Immigration Warranty”).
A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City of Sierra Vista.
The City of Sierra Vista retains the legal right to inspect the papers of any Contractor or Subcontractor’s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City of Sierra Vista in regard to any such inspections.
The City of Sierra Vista may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of its Subcontractors to ensure compliance with the Contractor’s Immigration Warranty. Contractor agrees to assist the City of Sierra Vista in regard to any random verification performed.
Neither the Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274 B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214 Subsection A.
The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property.
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City , its agents, officers, officials, and employees from and against all tortuous claims, damages, losses, and expenses, including but not limited to attorney fees, court costs, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work, or services of the Contractor, its agents, employees, or any tier of Contractor’s Subcontractors in the performance of this Contract. Contractor’s duty to defend, hold harmless, and indemnify the City , its agents, officers, officials, and employees shall arise in connection with any tortuous claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any Contractor’s acts, errors, mistakes, omissions, work, or services in the performance of this Contract including any employee of the Contractor, any tier of Contractor’s Subcontractor or any other person for whose acts, errors, mistakes, omissions, work, or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The Contractor's obligation under this section shall not extend to any liability caused by the sole negligence of the City or its employees.
The number of copies required by the City of Sierra Vista shall be specified in the special provisions. The cost of furnishing all shop drawings shall be considered as incidental to and included in the amount bid for one or more of the pay items.
The Contractor shall be supplied with a minimum of four sets of approved plans and special provisions, one set of which the Contractor shall keep available on the work site at all times.
ARS 40-360.22 Excavations: Determining location of underground facilities; providing information. This statute requires that no person shall begin excavating before the location and marking are complete or the excavator is notified that marking is unnecessary and requires that upon notification, the owner of the facility shall respond as promptly as practical, but in no event later than two working days. Arizona 811 (formerly Arizona Blue Stake, Inc.) (1-800-362-4860 or 8-1-1) was formed to provide a more efficient method of compliance with this statute.
Permits, licenses, bonding, and insurance requirements shall be as required by applicable Federal, State, County, and City statutes, codes, ordinances or regulations.
Subcontracts shall be in accordance with, and the Contractor shall be bound by, the following provisions:
All subcontracts shall be subject to the approval of the Project Officer and Chief Procurement Officer.
For each and every calendar day that work shall remain incomplete after the time specified for the completion of the work in the proposal or as adjusted by the Project Officer by Contract Change Order issued through the Chief Procurement Officer or designee, the sum per calendar day of TWO HUNDRED DOLLARS ($200.00) for projects up to $100,000.00, and FIVE HUNDRED DOLLARS ($500.00) for projects of $100,000.00 and over, unless otherwise specified in the bid proposal form, shall be deducted from monies due to or to become due to the Contractor, not as a forfeit or penalty but as liquidated damages. This sum is fixed and agreed upon between the parties because the actual loss to the City of Sierra Vista and to the public caused by delay in project completion will be impractical and extremely difficult to ascertain and quantify.
The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief, that:
Please download the below documents, complete, and upload.
The City of Sierra Vista hereby notifies all Bidders that the City does not discriminate based on disability status in the admission or access to, or treatment, or employment in its programs or activities. Matt McLachan, Director, Department of Community Development, City of Sierra Vista, is designated to coordinate compliance with the non-discrimination requirements contained in Section 51.55 of the Revenue Sharing Regulations.
Bidders are hereby notified that the City of Sierra Vista does not discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its programs or activities. Angela Dixon-Maher, Senior Civil Engineer for the City of Sierra Vista, has been designated to coordinate compliance with the non-discrimination requirements contained in Section 51.55 of the Revenue Sharing Regulations.
Pursuant to the statutes of the State of Arizona, the wage rates paid to all laborers, workers, and mechanics employed in the execution of this Contract shall not be less than the current wage rates applicable to the location where the work is performed.
Bidders are hereby notified that Federal funds, specifically, Community Development Block Grant (CDBG) funds, through the US Department of Housing and Urban Development (HUD), are being used to assist in the construction of this project. Accordingly, all applicable Federal laws must be complied with including the Copeland “Anti-Kickback” Act (18 US C 874) as supplemented by Department of Labor regulations (29CFR, Part 3). The Contractor shall pay all on-site labor on the project no less than the minimum wage rates established by the United States Secretary of Labor.
Bidders should pay particular attention to the requirements concerning the payment of not less than the prevailing wage and salary rates as set forth in the contract documents and the conditions of employment with respect to certain categories and classifications of employees. The prevailing wage and salary rates of pay, set forth in the contract documents as the Davis Bacon Act, as amended (40 U.S.C. 276z – 276a-5) and bound herein, are the Department of Labor (DOL) wage determination minimums to be paid during the life of the contract. It is therefore the responsibility of bidders to inform themselves as to local labor conditions, such as the length of the workday and 40-hour workweek, overtime compensation, health and welfare contributions, labor supply, and prospective changes or adjustments of rates. Prevailing wage determination of pay is required for on-site construction only. The City has a new “Davis Bacon Wage Forms Submittal Hub” located at https://www.sierravistaaz.gov/city-departments/community-development/cdbg/cdbg-2/
The successful bidder will be able to view the required documents and upload completed documents into the hub.
Please denote your Arizona State Contractor's License Number and Classification.
Please download the below documents, complete, and upload.
I certify that this bid is genuine and is not in any way collusive or sham; that the bid is not made with the intent to restrict or prohibit competition, that this firm has not revealed the contents of the bid to, or in any way colluded with, any other firm which may compete for the contract; and that no other firm which may compete for the contract has revealed the contents of a bid to, or in any way colluded with, this firm.
This affidavit is required pursuant to Arizona Revised Statutes 34-253 and 41-2549. Failure to submit this affidavit signed at the time of bid opening is grounds for disqualification of the bid.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
The undersigned certifies, to the best of his or her knowledge and belief, that:
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 31, U.S.C 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000, and not more than $100,000 for each such expenditure or failure.]
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. 3801, et seq., apply to this certification and disclosure, if any.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below document, complete, and upload.
Please download the below documents, complete, and upload.
Pursuant to the statutes of the State of Arizona and Davis Bacon Prevailing Wage, the wage rates paid to all laborers, workers, and mechanics employed in the execution of this Contract shall not be less than the current wage rates applicable to the location where the work is performed. As of this solicitation issue date the Wage Determinations are included in this bid document in the attachments. If the wage determinations change before the bid opening date, the City will notify the bidders and provide 1 week to update your bid prior to opening. The bidder will be responsible for paying the updated wages.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload either the Prequalification Form OR ADOT Prequalification Letter.
Do you have a UEI number from Sam.Gov?
Please enter your Unique Entity ID in the space provided.
It is highly recommended that firms responding to this RFP register their entity at SAM.gov. The process is free and a requirement for award of work on federally funded projects. To register, follow the link provided: https://sam.gov/content/entity-registration . Once registered, your firm will be issued a Unique Identifier Number. The registration process usually takes several days but can be up to several weeks depending on demand. This will be a requirement for the firm selected for award.
Please download the below documents, complete, and upload. A W9 Form is required for all U.S.-based firms. International Firms will need to attach the appropriate documentation per the W8 attachment.
What type of project will this be?
Please provide a brief description of the types of goods/services that will be required for this project.
What type of pre-bid meeting will be set for this project?
What is the grant number associated with this project? Write N/A for non-CDBG Construction Projects.
How many days may a bidder not withdraw their bid following the bid opening?
Use the following format:
sixty (60)
Please select any bid security documents that pertain to this project.
Will you be uploading a Special Provisions section to this solicitation?
Q (Marking): Can permanent marking wait 30 days after seal coating? If not, there should be a bid item for temporary marking.
A: The plans and specs call for a 48 hour waiting period between the seal coat application and the permanent markings. There should be no need for temporary markings because the permanent markings can be applied during the allotted contract time for each phase.
Q (Striping): Does the striping require the black border paint, since the area has already been sealed with jet-black sealer?
A: Yes, the black border paint is required.
Q (Received via email):
A: Question, the attached form [referring to Labor Standards Certification - Vendor Response #17 ], does that get filled out by us or by our subcontractors/suppliers? In the header area it’s a bit confusing: “This certifies that” fill in: Company Name, and then “has been contracted by” fill in: Firm/Agency/Prime Contractor/Subcontractor For the bid, please fill out the Labor Standard certification Form as the Prime contractor only. The form will be requested to be filled out by the subcontractors during the award phase to the selected contractor only.
Q (Download Files ): Hello, I am trying to receive the project files. I have requested them and they have not been sent. Please send all project documents to KRMorris@ardurra.com.
A: To date, no email request has been received. The Project Documents can be downloaded under the Downloads tab or by following this link: https://procurement.opengov.com/portal/sierravistaaz/projects/236213/downloads. If you are having downloading from the OpenGov portal, please reach out to OpenGov support in the blue and white though bubble on the bottom right hand corner of the screen.
Q (Insurance Liability Limits): The Standard Terms and Conditions specify a minimum limit of $2M Liability coverage; however, the project specific Insurance Requirements in Section 5.3 of the IFB package list lower limit of $1M for the same coverage. Please clarify which limit the contractor is required to carry for this specific airport project.
A: The Standard Insurance requirements prevail and have been applied to Section 5.3 via Addendum 1.
Q (Bid Schedule and Drawing Quantity Discrepancies): There are discrepancies between the quantities listed in the 'Bid Tab' and those provided in the General Notes of the drawings. For examples: Joint and Crack Repair (P-101) is 17,750 LF on the bid schedule vs. 19,000 LF on the drawing ; Asphalt Surface Treatment (P608) is 23,750 SY vs. 26,000 SY; and Yellow Pavement Marking (P-620) is 1,775 SF vs 6,000 SF. Please confirm which quantities should be used.
A: Please see bid tab and plan set in Addendum 1 for correct quantities.
Q (Missing Pay Item for Full Depth Crack Repair): Drawing GI002 lists 1,500 SF of "Full Depth Crack Repair" under FAA Item P-101. However, there is no corresponding line items for SF-based repair in the Bid Tab, which only list LF-based repair. Is the 1,500 SF of full-depth repair intended to be subsidiary to the "Joint and Crack Repair" (LF) item, or will a new bid item be added via addendum?
A: The updated plan set and bid tab from addendum 1 are correct. Joint and Crack repair (item P-101) will capture all necessary joint and crack treatment.
Q (Pay Item Clarification for Black Marking Borders): Detail A1 on Sheet C500 explicitly depicts a "6'' WIDE BORDER (BLACK NON-REFLECTORIZED PAINT)" surrounding the 6'' wide yellow reflectorized centerline stripe. Furthermore, Keyed Notes on the Sheet XM101 and SX102 specifically directs the contractor to apply the taxiway centerline and non-movement area markings per Detail A1 and A3 Sheet C500. However, there is no corresponding line item for black paint or marking outlines in the Bid Schedule, which only lists Yellow and White reflectorized markings as Items 6 and 7. If the black borders are required, please clarify if the cost of the black paint is intended to be subsidiary to the Yellow marking items, or if a separate bid item will be added via addendum.
A: Per spec section 620-4.4 – “no separate measurement will be made for blank paint or reflective media”.
Q (Construction Water Access and Metering): The CSPP requires the Contractor to maintain dust-free conditions and bear all costs for required utilities. Please identify the nearest water access point and clarify if construction meters are provided by the City or if the Contractor must coordinate with a local utility provider.
A: Contractor can get a meter from the city. There is a hydrant adjacent to the work area that the contractor may tap into.
Q (Flush-Fill Sealant Deviation): Detail B2 on Sheet C500 requires hot-applied sealant to be recessed 1/8-inch below the pavement surface, while Note 3 explicitly prohibits overbanding. Given the material flow characteristics of hot-applied rubberized emulsion, achieving a uniform 1/8-inch recess across 17,750+ linear feet of cracks is subject to installation variability that may result in inconsistent depth control. To ensure a more consistent application, please clarify if the City will approve a flush-fill application with a standard squeegee finish as an acceptable deviation.
A: No overbanding shall be allowed, however, tolerance may go up to 3/8” below the surface per Appendix A1 of AC 5380-6C.
Q (Professional Liability Insurance): Can you please confirm that Professional Liability Insurance is required,? Not standard on these types of projects and would require a special quote and cost for this project.
A: Professional Liability does not apply to this project.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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