REQUEST FOR PROPOSAL
RFP NO. RFP-001-FY19
ENVIRONMENTAL CONSULTING SERVICES
P.O. BOX 8770 CHARLES H. ADA II
TAMUNING, GUAM 96931 Executive Manager
Date of Issue: December 13, 2018
Environmental Consulting Services RFP-001-FY19
TABLE OF CONTENTS RFP No. RFP-001-FY19
Antonio B. Won Pat International Airport Authority, Guam
RFP NO. RFP-001-FY19
ENVIRONMENTAL CONSULTING SERVICES
TABLE OF CONTENTS
A. REQUEST FOR PROPOSALS (RFP) DOCUMENTS
RFP Announcement
Schedule of Events
Basic Information
General Terms and Conditions
B. REQUIRED FORMS FOR PROPOSAL SUBMITTAL
1. Special Reminder to Proposers
2. Affidavit Disclosing Ownership and Commissions
3. Affidavit Regarding Non-Collusion
4. Affidavit Regarding No Gratuities or Kickbacks
5. Affidavit Regarding Contingent Fees
6. Affidavit Regarding Ethical Standards
7. Declaration Regarding Compliance with U.S. DOL Wage Determination and the
most recent wage determination applicable to Guam issued by the U.S.
Department of Labor
8. Designation of Subcontractors
9. Proposer’s Financial Statement
10. Title VI Solicitation Notice
11. Acknowledgement of Receipt Form
C. ATTACHMENTS:
Attachment 1 – Preliminary Scope of Work
Attachment 2 – Draft Agreement
Environmental Consulting Services RFP-001-FY19
SCHEDULE OF EVENTS RFP No. RFP-001-FY19
SCHEDULE OF EVENTS
EVENT DATE (all times are ChST) LOCATION
RFP Issue Date December 13, 2018 GIAA Administration Office,
GIAA Main Terminal, 3rd Floor
www.guamairport.com
Deadline for Receipt of
Written Questions
5:00 p.m.,
December 20, 2018 Single Point of Contact
RFP Submission
Deadline
4:00 p.m.,
January 11, 2018
GIAA Administration Office,
GIAA Main Terminal, 3rd Floor
Environmental Consulting Services RFP-001-FY19
BASIC INFORMATION RFP No. RFP-001-FY19
Page 1 of 4
Antonio B. Won Pat International Airport Authority, Guam
RFP NO. RFP-001-FY19
ENVIRONMENTAL CONSULTING SERVICES
BASIC INFORMATION
1. Services Required
In accordance with the Guam Procurement Laws and Regulations, the A.B. Won Pat
International Airport Authority, Guam (GIAA), a public corporation and autonomous
instrumentality of the Government of Guam, is soliciting proposals from professional firms
or individuals to assist GIAA in the management of its environmental programs.
2. Description of the Work Involved
The Preliminary Scope of Work, which describes the work to be accomplished, is contained
herein as Attachment 1. Upon final selection of the best qualified Proposer, the Preliminary
Scope of Work may be modified and refined during contract negotiations.
3. Time and Duration of the Work Involved
It is anticipated that the services contained in Attachment 1 will begin as soon as practicable
and continue for a period of five (5) years from the issuance of the Notice to Proceed.
4. Type of Contract
A professional services agreement will be consummated between the awardee and GIAA.
A draft agreement is included as part of this RFP. The selected proposer must show
evidence that it is licensed in Guam at the time of contract signing. Time is of the essence
performing these services. Inordinate delays, as determined by GIAA, in obtaining its
Guam business license by the time of contract signing may result in the selected proposer
being determined non‐responsive.
The agreement will provide that the contractual obligation of both parties in each fiscal
period succeeding the first is subject to the appropriation and availability of funds therefor.
The agreement shall further provide that, in the event that funds are not available for any
succeeding fiscal period, the remainder of such contract shall be cancelled; however, this
does not affect GIAA’s or contractor’s rights under any termination clause in the
agreement. In the event of cancellation, the contractor shall be reimbursed the reasonable
value of any nonrecurring costs incurred but not amortized in the price of the services
performed under the agreement. GIAA must notify the contractor on a timely basis that the
funds are, or are not, available for the continuation of the agreement for each succeeding
fiscal period.
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BASIC INFORMATION RFP No. RFP-001-FY19
Page 2 of 4
5. Submittal Date
All proposals must be received at the receptionist desk at the Administration Office, no
later than the submission deadline set forth in the Schedule of Events.
6. Form of Submittal
All proposals must be submitted in writing. Proposers must provide one (1) original
(stamped original), and five (5) copies and one (1) electronic file (.pdf format) of the
proposal on compact disc by the submission deadline. Proposals should be submitted in a
sealed package to the address below no later than the submission deadline. The outside of
the sealed package must clearly state the name and address of the Proposer and the RFP
No. and name.
Deliver proposals to:
By Hand Delivery By Mail:
A.B. Won Pat International
Airport Authority, Guam
Administration Office, 3rd Floor
355 Chalan Pasajeru
Tamuning, Guam
Attention: Executive Manager
A.B. Won Pat International
Airport Authority, Guam
P.O. Box 8770
Tamuning, Guam 96931
Attention: Executive Manager
7. Contents of the Proposal
At a minimum, the proposal shall contain:
A. A transmittal letter prepared on the Proposer’s business stationary setting forth a brief
summary of the proposer’s proposal. The letter must be signed by an individual who
is authorized to bind the proposer to all statements in the proposal; and
B. The name of the Proposer, the location of the Proposer’s principal place of business
and, if different, the place of performance of the proposed contract; and
C. The age of the Proposer’s business and the average number of employees the past year;
and
D. The current workload of the Proposer; and
E. The abilities, qualifications, experience and the role of the key persons that would be
assigned to perform the services contained in Attachment 1; and
F. A list of other contracts under which services similar in scope, size, and discipline as
the required services that the Proposer substantially performed or accomplished as the
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BASIC INFORMATION RFP No. RFP-001-FY19
Page 3 of 4
Prime and/or Principal Contractor within a period of the last five years, including the
names and telephone numbers of clients. The contracts described should only contain
those services contained in Attachment 1; and
G. A discussion of the program (plan) that the Proposer will undertake to accomplish the
objectives of the services described in Attachment 1, including who will be the main
point(s) of contact; and
H. A statement that the Proposer has established and implemented an Affirmative Action
Plan; and
I. The anticipated involvement expressed by percentage and the nature of involvement
of the work contained in Attachment 1 that will be conducted by sub-contractors or
associations; and
J. A statement of agreement with all the terms of RFP and any addenda.
All timely proposals submitted in response to the RFP become the property of GIAA and will not
be returned.
8. Selection of Best Qualified Proposer and Proposal
A. Evaluation and Ranking: After receipt of all proposals, the established Evaluation
Committee will conduct an independent evaluation of all timely proposals received under
this solicitation. Discussion may be held with Proposers, via interviews or other means, to
assist the Evaluation Committee with their evaluation of the proposals, if deemed
necessary. Each proposal shall be evaluated according to the criteria as reflected herein and
shall be ranked accordingly.
The ranking of the proposals will be based on the averaging of the rankings awarded to the
proposals by each committee member.
The evaluation scores will be tallied and a “Short Listing” will be established based on the
ranking results of the evaluation scores. GIAA reserves the right to short-list to maximum
of six (6) qualified Proposers.
B. Selection and Award: The Executive Manager will review the ranking results of the
Evaluation Committee. The selection of the best qualified responsible, responsive
Proposer will be based on the ranking of the Proposers, which will be presented to the
GIAA Board of Directors for approval. The highest ranked Proposer will enter into
negotiations with GIAA. If contract terms can be successfully negotiated and an agreement
can be reached as to a reasonable fee, the agreement will be finalized for execution by both
parties.
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If GIAA is unable to negotiate a contract with the highest ranked Proposer, the Executive Manager or designee, may enter into negotiations with the next most qualified Proposer, re-solicit for offers or cancel the RFP in accordance with applicable law.
9. Evaluation Criteria
The following factors and their relative importance that will be used in the evaluation of
proposals are:
Evaluation Criteria Points
1. The ability to perform the services as reflected by
general experience, specific experience in providing
the required services, and qualifications and abilities
of key personnel proposed to be assigned to perform
the services
30 points
2. Plan for performing the required services 20 points
3. Demonstrated record of past performance of work
similar in size, scope and discipline
10 points
4. Understanding of the scope of service’s potential
problems and GIAA’s special concerns
10 points
5. The personnel and facilities to perform the services
currently available or demonstrated to be available at
the time of contracting
10 points
6. Demonstrated ability to meet schedules or deadlines 10 points
7. The degree of interest in undertaking the project 5 points
8. Proposer’s reputation for personal and professional
integrity and competence
5 points
Total 100 points
Fee Proposals
Proposers shall not submit any cost or pricing data with their proposal. Fee proposals shall be
submitted at a time and in a format as determined by GIAA.
*** END OF BASIC INFORMATION***
Environmental Consulting Services RFP-001-FY19
GENERAL TERMS AND CONDITIONS RFP No. RFP-001-FY19
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A.B. Won Pat International Airport Authority, Guam
RFP NO. RFP-001-FY19
ENVIRONMENTAL CONSULTING SERVICES
GENERAL TERMS AND CONDITIONS
1. AUTHORITY:
This Request for Proposals (RFP) is issued subject to all the provisions of the Guam
Procurement Law (5 GCA Chapter 5) and the Guam Procurement Regulations. The RFP
requires all parties involved in the preparation, negotiation, performance, or administration
of contracts to act in good faith.
2. SINGLE POINT OF CONTACT
From the date this RFP is issued until final award, Proposers shall not communicate with
any GIAA staff, Board Members or officials regarding this procurement, except for
Daniel Quitugua, the Single Point of Contact for this procurement. Any unauthorized
contact may disqualify the proposer from further consideration. All inquiries shall be
submitted in writing to:
Henry M. Cruz
A.B. Won Pat International Airport Authority, Guam
P.O. Box 8770 Tamuning
Guam 96931
Email: [email protected]
3. PROPOSALS
Proposers are required to read each and every page of the RFP and by the act of submitting
a proposal shall be deemed to have accepted all conditions contained therein. In no case
will failure to inspect constitute grounds for a claim or for the withdrawal of a proposal
after opening. Proposals shall be filled out and signed in ink or typewritten. Erasures or
other changes in a proposal must be explained or noted over the signature of the Proposer.
Proposals containing any conditions, omissions, unexplained erasures or alternations or
items not called for in the RFP, or irregularities of any kind may rejected by GIAA.
4. RECEIPT AND OPENING OF PROPOSALS
Envelopes containing proposals shall be sealed and marked on the face with the name and
address of the proposer, the description of the services being solicited and the time and date
of submission. Telegraphic proposals will not be considered, and modification by telegraph
of proposals already submitted will not be considered. Proposals shall be hand carried,
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received and time-stamped at the place indicated in the RFP documents on or before the
indicated submission deadline. Proposals received through the mail will not be accepted if
such mail is received at the address showing after the submission date and time. Proposals
will not be opened publicly.
5. GIAA’S RIGHTS RESERVED
While GIAA has every intention to award a contract as a result of this RFP, issuance of the
RFP in no way constitutes a commitment by GIAA to award and execute a contract. Upon
a determination such actions would be in its best interest, GIAA, in its sole discretion,
reserves the right to:
Cancel or terminate this RFP;
Reject any or all proposals received in response to this RFP;
Waive any undesirable, inconsequential, or inconsistent provisions of this RFP
which would not have significant impact on any proposal;
Waive any minor informalities in proposals received, or have them corrected by the
proposer in accordance with applicable regulations;
Not award if it is in the best interest of GIAA not to proceed with contract
execution; or
If awarded, terminate any contract if GIAA determines adequate funds are not
available.
6. LATE PROPOSALS
Late proposals will not be accepted.
7. LIABILITY FOR COST TO THE PROPOSAL
GIAA shall not liable for any costs incurred by the proposer in connection with this RFP.
By submitting a proposal, the Proposer specifically waives the right against GIAA for any
expenses incurred in proposal preparation. Submitted proposals become the property of
GIAA.
8. RIGHT TO AMEND OR CANCEL
GIAA reserves the right, to amend, supplement or cancel the RFP, in whole or in part at
any time, or reject any or all proposals submitted in response, when this action serves the
best interest of GIAA as provided in the Guam Procurement Regulations.
9. EXPLANATION TO PROPOSERS
No oral explanation regarding this RFP will be made and no oral instructions will be given
before award. Discrepancies, omissions, or doubts as to the meaning of any part of this
RFP should be communicated in writing to the Single Point of Contact within the time
frame allocated for the submission of questions. Proposers should act promptly and allow
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sufficient time for a reply to reach them in the form of an amendment to the RFP, which
will be forwarded to all prospective Proposers and its receipt by the Proposer should be
acknowledged in the proposal.
10. WITHDRAWAL OF PROPOSALS
Proposals may be withdrawn on written request received from Proposer(s) prior to the
submission deadline. Negligence on the part of the Proposer in preparing the proposal
confers no right for the withdrawal of the proposal after it has been submitted.
11. METHOD OF AWARD
GIAA reserves the right to waive any informalities or irregularities in proposals received
when such waiver is in the best interest of GIAA. GIAA shall have the right to award,
amend, or reject proposals in whole or in part. It is the policy of GIAA to award proposals
to Proposers duly authorized and licensed to conduct business in Guam.
12. PAYMENT
Payment shall be made using a method mutually agreed upon by GIAA and the successful
Proposer.
13. TAXES
Specific information on taxes may be obtained from the Director of the Department of
Revenue and Taxation. The awardee will be responsible for payment of all applicable taxes.
14. LICENSING
Proposers are cautioned that GIAA will not consider for award any proposal submitted by
a Proposer who has not complied with the Guam Licensing Law. Proposers shall, at their
own expense, procure all permits, certificates and licenses and shall give all notices and
necessary reports required by law for the execution of the work. Specific information on
licenses may be obtained from the Director of the Department of Revenue and Taxation.
15. AFFIDAVITS AND ASSURANCES
Each Proposer is required to submit the affidavits and assurances attached relating to the
following matters. Failure to include said affidavits and assurances shall render a proposal
non-responsive.
• Disclosure of Major Shareholders per 5 GCA § 5233. As a condition of submitting a
proposal, any partnership, sole proprietorship or corporation doing business with the
government of Guam, shall submit an affidavit executed under oath that lists the name and
address of any person who has held more than ten percent (10%) of the outstanding interest
or shares in said partnership, sole proprietorship or corporation at any time during the
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twelve (12) month period immediately preceding submission of a proposal. The affidavit
shall contain the number of shares or the percentage of all assets of such partnership, sole
proprietorship or corporation which have been held by each such person during the twelve
(12) month period. In addition, the affidavit shall contain the name and address of any
person who has received or is entitled to receive a commission, gratuity or other
compensation for procuring or assisting in obtaining business related to this RFP for the
Proposer and shall also contain the amount of any such commission, gratuity or other
compensation. The affidavit shall be open and available to the public for inspection and
copying.
• Certification of Independent Price Determination per 2 GAR § 3126. By submitting a
proposal, the Proposer certifies that the proposal submitted was independently arrived at
without collusion.
• Representation Regarding Gratuities and Kickbacks per 5 GCA § 5630 and 2 GAR §
11107(4)(e). The Proposer represents that it has not violated, is not violating, and promises
that it will not violate the prohibition against gratuities and kickbacks set forth in § 11107
of the Guam Procurement Regulations.
• Prohibition against Contingent Fees per 2 GAR § 11108. It shall be a breach of ethical
standards for a person to be retained, or to retain a person, to solicit or secure a government
contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, except for retention of bona fide employees or bona fide established
commercial selling agencies for the purpose of securing business.
• Representation regarding Ethical Standards per 2 GAR § 11103. The Proposer represents
that it has not knowingly influenced and promises that it will not knowingly influence a
government employee to breach any of the ethical standards set forth 5 GCA Chapter 5
Article 11, (Ethics in Public Contracting) of the Guam Procurement Act and in Chapter 11
of the Guam Procurement Regulations.
• Wage Determination per 5 GCA § 5801. In such cases where the Government of Guam
enters into contractual arrangements with a sole proprietorship, a partnership or a
corporation (‘contractor’) for the provision of a service to the Government of Guam, and
in such cases where the contractor employs a person(s) whose purpose, in whole or in part,
is the direct delivery of service contracted by the government of Guam, then the contractor
shall pay such employee(s) in accordance with the Wage Determination for Guam and the
Northern Mariana Islands issued and promulgated by the U.S. Department of Labor for
such labor as is employed in the direct delivery of contract deliverables to the government
of Guam. The Wage Determination most recently issued by the U.S. Department of Labor
at the time a contract is awarded to a contractor by the government of Guam shall be used
to determine wages, which shall be paid to employees pursuant to this Article. Should any
contract contain a renewal clause, then at the time of renewal adjustments, there shall be
made stipulations contained in that contract for applying the Wage Determination, as
required by this Article, so that the Wage Determination promulgated by the U.S.
Department of Labor on a date most recent to the renewal date shall apply.
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• Benefits Determination per 5 GCA § 5802. In addition to the Wage Determination
detailed in 5 GCA Chapter 5, Article 13, any contract to which 5 GCA Chapter 5, Article
13 applies shall also contain provisions mandating health and similar benefits for
employees covered by 5 GCA Chapter 5, Article 13, such benefits having a minimum value
as detailed in the Wage Determination issued and promulgated by the U.S. Department of
Labor, and shall contain provisions guaranteeing a minimum of ten (10) paid holidays per
annum per employee.
• Compliance with Public Law 28-98: Restriction Against Contractors Employing
Convicted Sex Offenders from Working at Government of Guam Venues.
The final contract between GIAA and the awardee shall include the following provisions:
(1) warranties that no person providing services on behalf of the contractor has been
convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense
as defined in Article 2 of Chapter 28, Title 9 GCA, or an offense in another jurisdiction
with, at a minimum, the same elements as such offenses, or who is listed on the Sex
Offender Registry; and
(2) that if any person providing services on behalf of the contractor is convicted of a sex
offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in
Article2 of Chapter 28, Title 9 GCA or an offense in another jurisdiction with, at a
minimum, the same elements as such offenses, or who is listed on the Sex Offender
Registry, that such person will be immediately removed from working at said agency and
that the administrator of said agency be informed of such within twenty-four (24) hours of
such conviction.
16. PROHIBITION ON MULTIPLE OR ALTERNATE PROPOSALS
Multiple or alternate proposals from a single Proposer will not be accepted.
17. ASSIGNMENT
Assignment of the contract is subject to prior approval by GIAA.
18. DETERMINATION OF RESPONSIBILITY OF PROPOSER
GIAA reserves the right to request from Proposers information necessary to determine
whether or not they are responsible and to determine the responsibility in accordance with
§3116(2) of the Guam Procurement Regulations.
19. LAW TO BE OBSERVED
Proposers are to be familiar with federal and local laws, codes, ordinances, and regulations
which, in any manner, affect those engaged or employed in the work. No misunderstanding
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or ignorance on the part of the Proposer will in any way serve to modify the any provisions
of the resulting contract.
20. STATUS OF CONTRACTOR
The awardee (and its officers, agents, servants and employees) shall be an independent
contractor performing professional services for GIAA.
21. INSURANCE
The awardee shall procure and maintain at its own expense such insurance necessary to
comply with the insurance requirements set forth in the draft contract included as part of
this RFP.
22. CONFIDENTIAL OR PROPRIETARY INFORMATION
Proposers may identify trade secrets and other proprietary data contained in their proposals.
If the proposer selected for award has requested in writing the nondisclosure of trade
secrets and other proprietary data so identified, GIAA shall examine the request to
determine its validity prior to entering into negotiations. If the parties do not agree as to
the disclosure of data, GIAA shall inform the proposer in writing what portion of the
proposal will be disclosed and that, unless the proposer withdraws the proposal or protests
under 5 G.C.A. Chapter 5 Article 9 the proposal will be so disclosed.
23. SECURITY COMPLIANCE
Proposed awardee shall comply with and conform its performance of the work to GIAA’s
Airport Security Program, Security Directives and Emergency Amendments and FAA
regulations (collectively, “Security Requirements”). Proposed awardee shall require all
persons, including without limitation its subcontractors, agents, employees, or invitees,
entering the Antonio B. Won Pat International Airport, including without limitation,
surrounding facilities, parking lots, and runways, (collectively the “Airport Premises”) to
comply with the Security Requirements and the Airport Rules and Regulations. Proposed
awardee agrees to pay, indemnify and save GIAA harmless from and against any and all
fines and penalties imposed or assessed on GIAA and/or proposed awardee for any breach
of the Security Requirements by proposed awardee, its subcontractors, agents, employees,
or invitees, whether intentional, non-intentional, or through negligence occurring on the
Airport Premises during the term, or any extended term, of the contract. Proposed awardee
further agrees to rectify any security deficiency or other deficiency as may be determined
as such by GIAA or the United States Department of Transportation, Federal Aviation
Commission, the Transportation Security Administration, or any other federal agency. In
the event proposed awardee fails to remedy any such deficiency, GIAA may do so at the
cost and expense of proposed awardee. GIAA reserves the right to take whatever action is
necessary to rectify any security deficiency or other deficiency.
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24. BADGES AND PASSES
All awardee employees shall obtain any required secure identification display area
(“SIDA”) badges and vehicle passes. All applicants for a SIDA badge must complete
security training and must pass criminal and other background investigations. Proposers
are advised that GIAA may, at its discretion, change security regulations and requirements
from time to time and the awardee shall comply will all such regulations and requirements.
If applicable, the awardee shall, prior to the start of the contract, submit to GIAA an
estimate of the number of personnel expected to have badges and passes. Each employee
shall wear the government issued badge over the front of the outer clothing. When an
employee leaves the awardee’s employment, it is the responsibility of the awardee to
surrender the badge and pass. All issued badges must be surrendered at the termination of
the contract.
25. OPERATION OF VEHICLES ON THE AOA
All operations on the AOA shall be in accordance with GIAA’s AOA Driving Directives
and all applicable laws, rules and regulations. Before the awardee shall permit any
employee of the awardee or any subcontractor to operate a motor vehicle of any kind or
type on the AOA (and unless escorted by a GIAA approved escort), the awardee shall
ensure that all such vehicle operators possess current, valid, and appropriate Guam driver’s
licenses. In addition, any motor vehicles and equipment of the awardee or of any
subcontractor operating on the AOA must have an appropriate vehicle identification permit
issued by GIAA, which identification must be displayed as required by GIAA.
The awardee agrees that its vehicles, cargo, goods and other personal property are subject
to being inspected and searched when attempting to enter or leave and while on the AOA.
The awardee further agrees on behalf of itself and its subcontractors that it shall not
authorize any employee or other person to enter the AOA unless and until such employee
other person has executed a written consent-to-search/inspection form acceptable to GIAA.
The awardee acknowledges and understands that the forgoing requirements are for the
protection of users of the Airport and are intended to reduce incidents of cargo tampering,
aircraft sabotage, thefts and other unlawful activities at the Airport. For this reason, the
awardee agrees that persons not executing such consent-to-search/inspection form shall not
be employed by the awardee or by any subcontractor at the Airport in any position requiring
access to the AOA or allowed entry to the AOA by the awardee or by any subcontractors.
26. TITLE VI SOLICITATION NOTICE
GIAA, 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
proposers that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity
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Page 8 of 8
to submit proposals 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.
***END OF GENERAL TERMS AND CONDITIONS***
ENVIRONMENTAL CONSULTING SERVICES
RFP No. RFP-001-FY19
B.) REQUIRED FORMS
ENVIRONMENTAL CONSULTING SERVICES
SPECIAL REMINDER TO PROSPECTIVE PROPOSERS RFP No. GIAA-001-FY19
Page 1 of 2
SPECIAL REMINDER TO PROSPECTIVE PROPOSERS
Proposers are reminded to read the entire RFP to ascertain that all of the requirements of the RFP
are submitted in duplicate in a sealed envelope on or before the RFP Submission Deadline set forth
in the Schedule of Events.
Proposer’s proposal submission must include all of the following
items/documents organized and tabulated in the following order:
Included in
Proposal
[✔]
Form
1. Affidavit Disclosing Ownership and Commissions.
a. As a condition of the RFP, any partnership, sole proprietorship or
corporation doing business with the Government of Guam, shall submit an
affidavit executed under oath that lists the name and address of any person who
has held more than ten percent (10%) of the outstanding interest or share in said
partnership, sole proprietorship or corporation at any time during the twelve (12)
month period immediately preceding submission of proposal. The affidavit shall
contain the number of shares or the percentage of all assets of such partnership,
sole proprietorship or corporation held by each person at any time during the
twelve (12) month period of such ownership. In addition, the affidavit shall
contain the name and address of any person who has received or is entitled to
receive a commission, gratuity or other compensation for the procuring or
assisting in obtaining business related to the proposal for the proposer and shall
contain the amount of any such commission, gratuity or other compensation.
This affidavit shall be open and available to the public for inspection and
copying.
b. Failure by any proposer to submit the Affidavit Disclosing Ownership
and Commissions on the form furnished by GIAA shall result in the
disqualification of its proposal.
2. Affidavit Regarding Non-Collusion. The Affidavit Regarding Non-Collusion
form furnished by GIAA as part of the RFP documents must be completed,
signed and submitted in the RFP envelope together with the proposal.
3. Affidavit Regarding No Gratuities or Kickbacks. The Affidavit Regarding
No Gratuities or Kickbacks form furnished by GIAA as part of the RFP
documents must be completed, signed and submitted in the proposal envelope
together with the proposal.
4. Affidavit Regarding Contingent Fees. The Affidavit Regarding Contingent
Fees form furnished by GIAA as part of the RFP documents must be completed,
signed and submitted in the proposal envelope together with the proposal.
ENVIRONMENTAL CONSULTING SERVICES
SPECIAL REMINDER TO PROSPECTIVE PROPOSERS RFP No. GIAA-001-FY19
Page 2 of 2
Included in
Proposal
[✔]
Form
5. Affidavit Regarding Ethical Standards. The Affidavit Regarding Ethical
Standards Affidavit form furnished by GIAA as part of the RFP documents must
be completed, signed and submitted in the proposal envelope together with the
proposal.
6. Declaration Regarding Compliance with U.S. DOL Wage and Benefits
Determination and the most recent wage determination applicable to Guam
issued by the U.S. Department of Labor. The Declaration Regarding
Compliance with U.S. DOL Wage and Benefits Determination Form furnished
by GIAA as part of the RFP documents must be completed, signed and submitted
in the proposal envelope together with the proposal. The most recent wage
determination applicable to Guam issued by the U.S. Department of Labor must
be attached to the Declaration.
7. Designation of Subcontractors. This designation must be completed, signed,
and submitted in the proposal envelope together with the proposal.
8. Proposer’s Financial Statement. This statement must be completed, signed
and submitted in the proposal envelope together with the proposal.
9. Title VI Solicitation Notice. This form must be completed, signed and
submitted in the proposal envelope together with the proposal.
10. Special Reminder to Prospective Proposers. This Special Reminder to
Prospective Proposers must be signed and returned in the envelope containing
the proposal. Failure to comply with the above requirements may result in
disqualification and rejection of the proposal.
I, _______________________________ (name), authorized representative of
____________________________________ (Proposer) acknowledge receipt of this Special
Reminder to Prospective Proposers and the RFP, and hereby attest that I have read and understand
its intent and implications.
______________________________________ Date: _______________________
PROPOSER REPRESENTATIVE'S SIGNATURE
THIS DOCUMENT MUST BE COMPLETED AND
RETURNED IN THE ENVELOPE CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
AFFIDAVIT DISCLOSING OWNERSHIP and COMMISSIONS RFP No. GIAA-001-FY19
AFFIDAVIT DISCLOSING OWNERSHIP and COMMISSIONS
CITY OF )
) ss. )
A. I, the undersigned, being first duly sworn, depose and say that I am an authorized representative
of the offeror and that [please check only one]:
[ ] The offeror is an individual or sole proprietor and owns the entire (100%) interest in the
offering business.
[ ] The offeror is a corporation, partnership, joint venture, or association known as [please
state name of offeror company], and the persons, companies, partners, or joint venturers who have held
more than 10% of the shares or interest in the offering business during the 365 days immediately preceding
the submission date of the proposal are as follows [if none, please so state]:
Name Address % of Interest
_________________________ ___________________________ __________________
_________________________ ___________________________ __________________
_________________________ ___________________________ __________________
B. Further, I say that the persons who have received or are entitled to receive a commission, gratuity
or other compensation for procuring or assisting in obtaining business related to the bid or proposal for
which this affidavit is submitted are as follows [If none, please so state]:
Name Address Compensation
_________________________ ___________________________ __________________
_________________________ ___________________________ __________________
_________________________ ___________________________ __________________
C. If the ownership of the offering business should change between the time this affidavit is made and
the time an award is made or a contract is entered into, then I promise personally to update the disclosure
required by 5 GCA §5233 by delivering another affidavit to the government.
Signature of one of the following:
Offeror, if the proposer is an individual:
Partner, if the offeror is a partnership;
Officer, if the offeror is a corporation.
Subscribed and sworn to before me this day
of _____________, 20____.
NOTARY PUBLIC
My commission expires , .
THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
AFFIDAVIT REGARDING NON-COLLUSION RFP No. GIAA-001-FY19
AFFIDAVIT REGARDING NON-COLLUSION
CITY OF )
) ss.
)
[state name of affiant signing below], being first
duly sworn, deposes and says that:
1. The name of the offering company or individual is [state name of company]
.
2. The proposal for the solicitation identified above is genuine and not collusive or a
sham. The offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any
other offeror or person, to put in a sham proposal or to refrain from making an offer. The offeror
has not in any manner, directly or indirectly, sought by an agreement or collusion, or
communication or conference, with any person to fix the proposal price of offeror or of any other
offeror, or to fix any overhead, profit or cost element of said proposal price, or of that of any other
offeror, or to secure any advantage against the Government of Guam or any other offeror, or to
secure any advantage against the Government of Guam or any person interested in the proposed
contract. All statements in this affidavit and in the proposal are true to the best of the knowledge
of the undersigned. This statement is made pursuant to 2 GAR Division 4 § 3126(b).
3. I make this statement on behalf of myself as a representative of the offeror, and on
behalf of the offeror’s officers, representatives, agents, subcontractors, and employees.
Signature of one of the following:
Offeror, if the offeror is an individual;
Partner, if the offeror is a partnership;
Officer, if the offeror is a corporation.
Subscribed and sworn to
before me this day of , ____.
NOTARY PUBLIC
My commission expires:
THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
AFFIDAVIT RE NO GRATUTIES OR KICKBACKS RFP No. GIAA-001-FY19
AFFIDAVIT re NO GRATUITIES or KICKBACKS
CITY OF )
) ss.
_______________________)
1. The name of the offering firm or individual is [state name of offeror /company]
. Affiant is [state one of the
following: the offeror, a partner of the offeror, an officer of the offeror] making the foregoing
identified bid or proposal.
2. To the best of affiant's knowledge, neither affiant, nor any of the offeror's officers,
representatives, agents, subcontractors, or employees have violated, are violating the prohibition
against gratuities and kickbacks set forth in 2 GAR Division 4 § 11107(e). Further, affiant
promises, on behalf of offeror, not to violate the prohibition against gratuities and kickbacks as set
forth in 2 GAR Division 4 § 11107(e).
3. To the best of affiant's knowledge, neither affiant, nor any of the offerors officers,
representatives, agents, subcontractors, or employees have offered, given or agreed to give, any
government of Guam employee or former government employee, any payment, gift, kickback,
gratuity or offer of employment in connection with the offeror’s proposal.
4. I make these statements on behalf of myself as a representative of the offeror, and
on behalf of the offeror's officers, representatives, agents, subcontractors, and employees.
Signature of one of the following:
Offeror, if the proposer is an individual;
Partner, if the offeror is a partnership;
Officer, if the offeror is a corporation.
Subscribed and sworn to before me this
day of , 20 .
NOTARY PUBLIC
My Commission Expires:
THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
AFFIDAVIT RE CONTINGENT FEES RFP No. GIAA-001-FY19
AFFIDAVIT re CONTINGENT FEES
CITY OF )
) ss.
________________________)
[state name of affiant signing below], being first
duly sworn, deposes and says that: The name of the offering company or individual is [state
name of company] .
1. As a part of the offering company's bid or proposal, to the best of my
knowledge, the offering company has not retained any person or agency on a percentage,
commission, or other contingent arrangement to secure this contract. This statement is made
pursuant to 2 GAR Division 4 11108(f).
2. As a part of the offering company's bid or proposal, to the best of my
knowledge, the offering company has not retained a person to solicit or secure a contract with the
government of Guam upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except for retention of bona fide employees or bona fide established
commercial selling agencies for the purpose of securing business. This statement is made pursuant
to 2 GAR Division 4 11108(h).
3. I make these statements on behalf of myself as a representative of the
offeror, and on behalf of the offeror’s officers, representatives, agents, subcontractors, and
employees.
Signature of one of the following:
Offeror, if the offeror is an individual;
Partner, if the offeror is a partnership;
Officer, if the offeror is a corporation.
Subscribed and sworn to before me this
day of , 20 .
NOTARY PUBLIC
My commission expires ,
THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
AFFIDAVIT RE ETHICAL STANDARDS RFP No. GIAA-001-FY19
AFFIDAVIT re ETHICAL STANDARDS
CITY OF )
) ss.
)
[state name of affiant signing below], being first
duly sworn, deposes and says that:
The affiant is [state one of the following: the
offeror, a partner of the offeror, an officer of the offeror] making the foregoing identified bid or
proposal. To the best of affiant's knowledge, neither affiant nor any officers, representatives,
agents, subcontractors or employees of proposer have knowingly influenced any government of
Guam employee to breach any of the ethical standards set forth in 5 GCA Chapter 5, Article II.
Further, affiant promises that neither he or she, nor any officer, representative, agent,
subcontractor, or employee of proposer will knowingly influence any government of Guam
employee to breach any ethical standards set forth in 5 GCA Chapter 5, Article 11. These
statements are made pursuant to 2 GAR Division 4 § 11103(b).
Signature of one of the following:
Offeror, if the offeror is an individual;
Partner, if the offeror is a partnership;
Officer, if the offeror is a corporation.
Subscribed and sworn to before me
this day of ,201 .
NOTARY PUBLIC
My commission expires , .
THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 1 of 11
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION
Procurement No.:
Name of Offeror:
I, hereby certify under penalty of perjury:
(1) That I am [please select one: the offeror, a partner of the offeror,
an officer of the offeror] making the bid or proposal in the foregoing identified procurement;
(2) That I have read and understand the provisions of 5 GCA § 5801 and § 5802 which
reads:
§ 5801. Wage Determination Established.
In such cases where the government of Guam enters into contractual arrangements with a sole
proprietorship, a partnership or a corporation (“contractor”) for the provision of a service to the
government of Guam, and in such cases where the contractor employs a person(s) whose purpose, in
whole or in part, is the direct delivery of service contracted by the government of Guam, then the
contractor shall pay such employee(s) in accordance with the Wage Determination for Guam and the
Northern Mariana Islands issued and promulgated by the U.S. Department of Labor for such labor as
is employed in the direct delivery of contract deliverables to the government of Guam.
The Wage Determination most recently issued by the U.S. Department of Labor at the time a contract
is awarded to a contractor by the government of Guam shall be used to determine wages, which shall
be paid to employees pursuant to this Article. Should any contract contain a renewal clause, then at the
time of renewal adjustments, there shall be made stipulations contained in that contract for applying
the Wage Determination, as required by this Article, so that the Wage Determination promulgated by
the U.S. Department of Labor on a date most recent to the renewal date shall apply.
§ 5802. Benefits.
In addition to the Wage Determination detailed in this Article, any contract to which this Article
applies shall also contain provisions mandating health and similar benefits for employees covered by
this Article, such benefits having a minimum value as detailed in the Wage Determination issued and
promulgated by the U.S. Department of Labor, and shall contain provisions guaranteeing a minimum
often (10) paid holidays per annum per employee.
(3) That the offeror is in full compliance with 5 GCA § 5801 and § 5802, as may be
applicable to the procurement referenced herein;
(4) That I have attached the most recent wage determination applicable to Guam issued
by the U.S. Department of Labor. [INSTRUCTIONS - Please attach!]
Date:
Signature
THIS DECLARATION MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 2 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 3 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 4 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 5 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 6 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 7 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 8 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 9 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 10 of 11
ENVIRONMENTAL CONSULTING SERVICES
DECLARATION RE COMPLIANCE WITH U.S. DOL WAGE DETERMINATION RFP No. GIAA-001-FY19
Page 11 of 11
ENVIRONMENTAL CONSULTING SERVICES
DESIGNATION OF SUBCONTRACTORS RFP No. GIAA-001-FY19
DESIGNATION OF SUBCONTRACTORS
The undersigned Proposer has set forth below, the name and location of the place of business of each
Subcontractor who will perform work or labor or render service to the Undersigned in or about the
construction of the work, and each Subcontractor who, under subcontract, will specially fabricate and install
a portion of the work or improvement according to detailed drawings contained in the plans and
specifications for such work to be performed under the RFP documents to which the attached proposal is
responsible, and the portion of the work which will be done by each Subcontractor.
Name Address Telephone No. Division of Work
Proposer Name: _____________________________________
By: ______________________________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ____________________________________________
THIS STATEMENT MUST BE COMPLETED AND RETURNED IN THE ENVELOPE
CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
PROPOSER’S FINANCIAL STATEMENT RFP No. GIAA-001-FY19
PROPOSER’S FINANCIAL STATEMENT
Proposers must submit this Financial Statement covering their most recently completed full fiscal
year with their sealed proposals. Failure to do so may result in the proposer being determined non-
responsive whereby the proposer may be disqualified. Proposers may designate this statement as
confidential.
Name of Proposer:
_____________________________________________________________________
Current Assets $_____________
Fixed Assets (Depreciated) $_____________
Other Assets $_____________
TOTAL ASSETS $_____________
Current Liabilities $_____________
Long Term Liabilities $_____________
TOTAL LIABILITIES $_____________
NET WORTH $_____________
Prepared by (Name and Title): ______________________________________________
I declare under penalty of perjury that the foregoing information is true and correct to the best of
my knowledge and belief.
Proposer Name: _____________________________________
By: ______________________________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ____________________________________________
THIS STATEMENT MUST BE COMPLETED AND RETURNED
IN THE ENVELOPE CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
TITLE VI SOLICITATION NOTICE RFP No. GIAA-001-FY19
TITLE VI SOLICITATION NOTICE
A.B. Won Pat International Airport Authority, Guam, 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 proposers 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 proposals 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.
Proposer Name: _____________________________________
By: ______________________________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ____________________________________________
THIS NOTICE MUST BE COMPLETED AND RETURNED IN THE
ENVELOPE CONTAINING THE PROPOSAL.
ENVIRONMENTAL CONSULTING SERVICES
ACKNOWLEDGEMENT OF RECEIPT FORM RFP No. RFP-001-FY19
ACKNOWLEDGEMENT OF RECEIPT FORM
Please acknowledge receipt of
ENVIRONMENTAL CONSULTING SERVICES
RFP NO. GIAA-001-FY19
Upon obtaining this RFP, prospective proposers must complete this Acknowledgement of Receipt
Form and return the completed form to Mr. Henry Cruz, the Single Point of Contact for this RFP,
via email at [email protected]. in order to receive any addenda or other notices related to this
RFP. Failure of prospective proposers to submit the Acknowledgement of Receipt Form to GIAA
and to acknowledge receipt of all amendments/addenda in their proposals may result in the
prospective proposer not receiving notices from GIAA regarding this RFP, including addenda, or
proposals may be deemed non-responsive.
Name of Prospective Proposer:
Name of person receiving RFP:
Signature:
Date:
Time:
Contact Person regarding RFP:
Company/Firm:
Title:
E-mail Address:
Contact Number:
Fax Number:
Address:
C) ATTACHMENTS
Attachment 1
ENVIRONMENTAL CONSULTING SERVICES
PRELIMINARY SCOPE OF WORK RFP No. RFP-001-FY19
Page 1 of 5
Attachment No. 1
PRELIMINARY SCOPE OF SERVICES
The consultant shall supply one, full-time employee (FTE) to be located at GIAA to coordinate
and perform the following services in concert with GIAA staff.
Task No.1: Provide for Monitoring, Inspection and Remediation Services in accordance
with GIAA’s Storm water Management Programs to ensure conformance with
its Multi-Sector General NPDES Permit.
The U.S. EPA has permitted GIAA to discharge storm water runoff from GIAA Outfall #001 at
the intersection of Route 10A and Airport Access Road under NPDES Permit No. GU0010290.
The discharge must be in accordance with effluent limitations, monitoring requirements and other
conditions set forth for Small Municipal Separate Storm Sewer System (Small MS4) and storm
water discharges associated with industrial activities from the A.B. Won Pat International Airport,
Guam under its NPDES Multi-sector general permit. The consultant shall conduct the required
monitoring in accordance with the NPDES permit requirements and GIAA's storm water
management programs (SWMPs). The work shall include but not be limited to the following:
a. Develop SWMP in accordance with NPDES Small MS4 Permit
b. Collect, monitor, and inspect storm water effluent samples for analyses as needed. Any
variances above the respective discharge limits must be reported to GIAA immediately
without any delay. GIAA will be responsible for reporting the noncompliance to the
Guam Environmental Protection Agency (GEPA).
c. Inspect GIAA and tenant operations, which may lead, or potentially lead to permit
violations.
d. Permitting (renewal) of NPDES program when required.
e. Correspond and coordinate any NPDES permit issues, noncompliance issues, and/or
regulatory inspections with the Guam Environmental Protection Agency (GEPA) and
the U.S. Environmental Protection Agency (EPA).
f. The preparation and submission of the required Discharge Monitoring Reports
(DMRs).
Task No.2: Evaluation of Existing Oil/Water Separators
The consultant shall be responsible for the periodic inspection and evaluation of oil/ water
ENVIRONMENTAL CONSULTING SERVICES
PRELIMINARY SCOPE OF WORK RFP No. RFP-001-FY19
Page 2 of 5
separators in the facility and perform preventive maintenance in accordance with the
manufacturer's Operating and Maintenance (O&M) Manual and as directed by GIAA. Should any
of the oil water separators require replacement, a recommendation should be made to GIAA. If
maintenance action(s) are required and authorized, the consultant shall solicit competitive pricing
from other contractors to perform the work and shall be effectuated through a Work Order. *
*Note: The consultant cannot submit competitive pricing for the work; thus, cannot
perform the corrective or repair action required. The consultant will oversee and
coordinate the required work to be performed by the prospective contractor(s).
Task No.3: Evaluation of Surface Drainage and Detention Pond System
The consultant shall be responsible for the periodic inspection and evaluation of detention ponds
to ensure operational efficiency. Detention ponds require periodic maintenance such as the
removal of accumulated silt and grass/weed trimming. Trenches require periodic removal of
sludge, debris, and sediments.
GIAA has four (4) detention ponds and approximately 6,800 linear feet of drainage trench.
Detention ponds are found within GIAA property and drainage trenches are within aircraft parking
aprons 1 through 21. Should any of the drainage and detention pond systems require maintenance,
a recommendation should be made to GIAA. If maintenance action(s) are required and authorized,
the consultant shall solicit competitive pricing from other contractors to perform the work and
shall be effectuated through a Work Order. *
*Note: The consultant cannot submit competitive pricing for the work; thus, cannot
perform the corrective or maintenance action required. The consultant will oversee and
coordinate the required work to be performed by the prospective contractor(s).
Task No.4: Sampling and Analyses of Storm water in Underground Injection Control
(UIC) Wells
The consultant shall conduct the required monitoring following GEPA's UIC Wells Regulations.
The work shall include, but not be limited to the following:
a. Collect storm water samples semiannually in accordance with GIAA’s UIC Operation,
Maintenance, and Monitoring Plan (PCR Environmental 2006) for analysis at each
designated sampling point. GIAA currently has six (6) UIC Well clusters.
b. All laboratory test results shall be submitted to GIAA within twenty (20) calendar days
following each sampling event.
c. Whenever a parameter exceeds 50% of the MCL, the consultant shall notify GIAA
immediately and conduct investigations to determine the source of the contamination.
GIAA will be responsible for reporting this condition to GEPA.
ENVIRONMENTAL CONSULTING SERVICES
PRELIMINARY SCOPE OF WORK RFP No. RFP-001-FY19
Page 3 of 5
Task No. 5: Tiyan Monitoring Wells Sampling
Collect and analyze samples from monitoring wells located on or around GIAA’s airport property
for TCE and PCE or in accordance with the Guam Primary Drinking Water Regulations. The
purpose of the long-term monitoring (LTM) is to monitor the natural attenuation of contaminants
of concern detected in the groundwater at Tiyan. The method for sampling monitoring wells
followed IRP Procedure I-C-3, Monitoring Well Sampling (Dept. of Navy 1998), in accordance
with the Sampling and Analysis Plan (SAP, PCR Environmental 2001). Groundwater sampling
and analysis activities include:
a. Samples to be collected at the influent, midpoint, and effluent as needed.
b. Measure groundwater level (where possible).
c. Measure field parameters (pH, conductivity, turbidity, temperature).
d. Sample and analyze groundwater.
e. To determine TCE, Tetrachloroethene (PCE), and chloroform levels, all samples will
be analyzed for volatile organic compounds (VOCs) in accordance with Contract
Laboratory Program methods.
f. To determine chloride concentrations, the influent samples will be analyzed in
accordance with U.S. EPA Method 325.2.
g. Prepare reports in accordance with U.S. EPA and GEPA requirements.
Task No. 6: CERCLA and Environmental Compliance Processes
Work shall include the identification, assessment, sampling, analyses, and monitoring of any
unknown environmental contamination that was not previously identified in any current
environmental reports and is not specifically included in the scope of services, and/or work which
may be required by the Guam Environmental Protection Agency. Should any required or
recommended mitigation or remedy be needed, Consultant shall solicit competitive pricing from
other contractors to perform the work and shall be effectuated through a Work Order.
Task No. 7: Emergency Spill Response, Reporting, Environmental Compliance and Training
The work under this task shall include but not be limited to the following:
a. The consultant will respond to major spills (in excess of 100 gallons) on an "on-call"
basis. The consultant shall respond immediately and within one (1) hour upon
notification by GIAA. The consultant shall oversee and lead the cleanup activities of
ENVIRONMENTAL CONSULTING SERVICES
PRELIMINARY SCOPE OF WORK RFP No. RFP-001-FY19
Page 4 of 5
the mobilized spill response/cleanup contractor. * The consultant, if requested by
GIAA, will prepare and submit all documentation reports.
b. In the event of major spill or accidental release of pollutants into the drainage system
and UIC wells, the consultant will be tasked to collect samples for analysis. Test results
shall be made available to GIAA at the earliest possible time or within ninety-six (96)
hours immediately following the sampling period.
c. The consultant, when requested, shall assist GIAA in performing environmental
compliance inspection of facilities owned and/or operated by tenants and GIAA,
facilitating various environmental meetings and/or training.
d. Periodic assessments of aboveground storage tanks (ASTs).
e. SPCC compliance inspections and staff training.
*Note: Spill response/cleanup contractor(s) will be activated on a rotating basis. Should
an extraordinary large fuel spill occur, all spill response/cleanup contractors will be
activated. The consultant represents the Authority in a "consulting and advisory"
capacity during large fuel spills; therefore, they shall not be included on the "spill
response/cleanup contractors" list.
Task No. 8: RCRA Compliance
The work under this task shall include but be not limited to the following:
a. Provide technical assistance to GIAA in the proper characterization and management
of solid and hazardous waste as requested by GIAA.
b. Universal waste and used oil management as requested by GIAA.
c. Hazardous waste reporting and generator status.
d. Perform RCRA inspections and staff training as requested by GIAA.
e. Monitor and oversee all hazardous and universal waste packaging and disposal
activities by other contractor(s). *
*Note: Consultant will solicit competitive pricing for the disposal and transport of all
accumulated universal and hazardous waste. The consultant cannot submit competitive
pricing for the work; thus, cannot perform the disposal work.
ENVIRONMENTAL CONSULTING SERVICES
PRELIMINARY SCOPE OF WORK RFP No. RFP-001-FY19
Page 5 of 5
Task No. 9: Health and Safety Compliance
The work under this task shall include but not be limited to the following:
a. Assist GIAA in the development and administration of all aspects of GIAA’s
occupational health and safety program.
b. Develop programs and provide technical guidance to identify and remove physical and
other hazards from operations.
c. Assist GIAA in providing health and safety training of employees.
Task No. 10: Miscellaneous Environmental Sampling
The work under this task shall include but not be limited to the following:
a. Perform environmental sampling and testing as requested by GIAA.
b. Oversee environmental remedial work as requested by GIAA.
Other Services:
Subject to the availability of funding and satisfactory performance of prospective consultant,
GIAA may engage the consultant to provide additional environmental services as may be
necessary. These services shall be engaged through the issuance of a Work Order. The specific
scope of services, fees, together with the schedule, payment, and invoicing or any special
contractual provisions shall be subject to negotiation prior to the time the services are required by
GIAA.
***END OF SCOPE OF WORK***
Attachment 2
ENVIRONMENTAL CONSULTING SERVICES
DRAFT AGREEMENT RFP No. RFP-001-FY19
ATTACHMENT 2
DRAFT
AGREEMENT
BY AND BETWEEN
A.B. WON PAT INTERNATIONAL
AIRPORT AUTHORITY, GUAM
and
[CONTRACTOR]
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
RFP No. RFP-001-FY19
DRAFT AGREEMENT RFP No. RFP-001-FY19
AGREEMENT
This Agreement is made and entered into this ________day of _______________ 2018, by
and between the A.B. WON PAT INTERNATIONAL AIRPORT AUTHORITY, GUAM,
whose mailing address is P.O. Box 8770, Tamuning, Guam 96932(hereinafter referred to as
“GIAA”), and [Name], duly licensed to do business on Guam, whose mailing address is
_____________ and hereinafter referred to as “Contractor”).
RECITALS
WHEREAS, GIAA operates and is the owner of the A.B. Won Pat International Air Terminal
(hereinafter referred to as “Airport”) for the promotion and accommodation of air commerce and
passenger air transportation between Guam and other destinations.
WHEREAS, GIAA issued a Request for Proposal to obtain professional services for
professional environmental consulting services at GIAA and to assist GIAA in the management of
its environmental programs.
WHEREAS, regardless of the source of funding, it is the policy of GIAA to conform with
the spirit and intent of all FAA and applicable federal regulations, including, but not limited to the
Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and 49 CFR part 18.36; and,
WHEREAS, the services to be rendered are of special or temporary nature which have been
determined to be in the best public interest to be performed under contract by professional personnel
other than employees in the classified service to GIAA; and
WHEREAS, Contractor submitted a proposal setting forth its qualifications and interest in
providing professional consulting services; and
WHEREAS, the award of this Agreement to Contractor has been made pursuant to a finding
by the GIAA Executive Manager that Contractor is the best qualified offeror based on the evaluation
factors set forth in the Request for Proposal and that compensation is fair and reasonable; and
WHEREAS, the award of this Agreement to Contractor has been approved by the GIAA
Board of Directors.
NOW THEREFORE, GIAA and Contractor for consideration of mutual covenants,
promises, representations and conditions, hereinafter set forth, agree as follows:
Agreement for Environmental Consulting Services
RFP-001-FY19
Page 2 of 24
DRAFT CONTRACT RFP No. RFP-001-FY19
ARTICLE 1
SCOPE OF SERVICES
1.01. Description of Services. GIAA agrees to hire Contractor and Contractor agrees to fully and
diligently perform all of the services detailed in the Scope of Services attached hereto and
incorporated herein as Attachment 1.
ARTICLE 2
TERM OF AGREEMENT
2.01. Term. Contractor shall commence performance on the date of this Agreement and shall
continue performance for a period of five (5) years (“Initial Term”) or until this Agreement is
terminated by GIAA pursuant to this Agreement; subject to the certification of availability of
funding. Any such extension or renewal shall be made by written notice to Contractor not less than
thirty (30) days prior to the expiration date of the term immediately preceding such renewal and shall
be on the same terms and conditions as provided herein. GIAA is not obligated to renew the
Agreement and does not have to give reason if GIAA elects not to renew. In the event that funds
are not available for any succeeding fiscal period, the remainder of this Agreement shall be
cancelled; however, this does not affect GIAA’s or Contractor’s rights under any termination clause
in this Agreement. In the event of cancellation, Contractor shall be reimbursed the reasonable value
of any nonrecurring costs incurred but not amortized in the price of the supplies delivered or services
performed under the Agreement. GIAA must notify Contractor on a timely basis that the funds are,
or are not, available for the continuation of the Agreement for each succeeding fiscal period.
ARTICLE 3
CONTRACT DOCUMENTS
3.01 Contract Documents. The following documents shall be deemed a part of this Agreement:
3.01.1. Request for Proposal No. RFP-001-FY19 and all addenda (the “RFP”);
3.01.2. Contractor’s proposal submitted in response to the RFP.
In the event of a conflict between this Agreement and the RFP or Contractor’s proposal, the terms
of this Agreement shall prevail. As of the date of this Agreement, Contractor’s proposal shall be
subject to public disclosure under applicable Guam law.
ARTICLE 4
CONTRACT AMOUNT AND PAYMENT TERMS
4.01. Contract Amount. Contractor agrees to provide the goods and perform such services
described in the Scope of Services over the Agreement term in consideration for payment of the
fixed fee set forth in Attachment 2, attached hereto and incorporated herein Such fee shall be paid
[insert payment terms, e.g., in twelve (12) equal monthly installments]. Contractor agrees to accept
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the specified fees as full remuneration for performing all services and furnishing all staffing and
materials called for; and for any reasonably foreseen difficulties arising from matters under the
responsibility of the Contractor or which may arise or be encountered in the performance of its
services; and for risks connected with its service; and for performance by the Contractor of all its
duties and obligations hereunder.
4.02. Payment Terms. Payments due to Contractor will be made within fifteen (15) working days
after receipt of a valid invoice in a format acceptable to GIAA, subject to verification and approval
by GIAA. As a condition of payment, GIAA may require that Contractor furnish documentation,
such as detailed itemizations and receipts as may be required by the GIAA Controller. Contractor
shall include its taxpayer ID number on all invoices to ensure compliance with Guam tax
requirements.
4.03. Contract Amount for Renewal Period/ Price Adjustment. Upon Agreement renewal, or each
year of a renewal period, Contractor’s fee may be adjusted as an increase or decrease.
Any adjustment in contract price pursuant to a clause in this contract shall be made in one or more
of the following ways:
(a) by agreement on a fixed price adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
(b) by unit prices specified in the contract or subsequently agreed upon;
(c) by the costs attributable to the event or situation covered by the clause, plus
appropriate profit or fee, all as specified in the contract or subsequently agreed upon;
(d) in such other manner as the parties may mutually agree; or
(e) in the absence of agreement between the parties, by a unilateral determination by
the Executive Manager of the costs attributable to the event or situation covered by the clause,
plus appropriate profit or fee, all as computed by the Executive Manager in accordance with
generally accepted accounting principles and applicable sections of the regulations promulgated
under Chapter 7 (Cost Principles), subject to the provisions of Chapter 9 (Legal and Contractual
Remedies) of the Guam Procurement Regulations.
4.03.01. Submission of Cost or Pricing Data. Contractor shall provide cost or pricing data
for any price adjustments subject to the provisions of §3118 (Cost or Pricing Data) of the Guam
Procurement Regulations.
4.04. GIAA reserves the right to accept, negotiate or refuse the increase request, resolicit the
Agreement, cancel the Agreement or take any other action it deems appropriate in lieu of granting
an Agreement renewal price increase.
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ARTICLE 5
AVAILABILITY OF FUNDS
5.01. Each payment obligation of GIAA is contingent upon the availability of GIAA funds which
are appropriated by the GIAA Board of Directors or allocated for the payment of such an obligation.
If funds are not allocated and available for the continuance of the services by Contractor, the services
may be terminated by GIAA at the end of the period for which funds are available. GIAA shall notify
Contractor at the earliest possible time of any services which will or may be affected by a shortage
of funds. No penalty shall accrue to GIAA in the event this provision is exercised, and GIAA shall
not be obligated or liable for any future payments due or for any damages as a result of termination
under this clause.
ARTICLE 6
INSURANCE
6.01. Public Liability and Property Damage Insurance. Contractor at its cost shall maintain and
keep in effect during any term period or duration of this Agreement public liability and property
damage insurance with a minimum combined single liability limit of $500,000 and property damage
limits of not less than $1,000,000 insuring against all liability of Contractor and its representatives
arising out of and in connection with Contractor’s operations or use of facilities at the Airport. All
public liability and property damage insurance shall insure performance by Contractor of the
indemnity provisions of § 6.05, supra. Both parties shall be named as additional insured and the
policy shall contain cross-liability endorsements.
6.02. Automobile Insurance. As a condition for authorization to enter the Air Operations Area, the
owner of a motor vehicle shall provide evidence of insurance coverage for public liability and
property damage in the amount of $2,000,000 per occurrence for bodily injury and property damage
combined. GIAA shall be named as an additional insured and shall be notified in writing of any
material change in the insurance policy. The amount of coverage is subject to change.
6.03. Increase in Amount of Public Liability and Property Damage Insurance. Not more frequently
than once in a period of one (1) year, if in the opinion of GIAA’s insurance consultant, the amount
of public liability and property damage insurance coverage at that time is not adequate, Contractor
shall immediately increase the insurance coverages as required by GIAA’s insurance consultant.
6.04. Workers Compensation Insurance. Contractor shall provide Workers Compensation insurance
in accordance with the Guam Workers Compensation Law.
6.05. Indemnity. Contractor agrees that it shall protect, indemnify, defend and hold harmless
GIAA, its directors, officers, employees and agents, from and against any and all liabilities, losses,
suits, claims, judgments, fines or demands arising by reason of injury or death of any person or
damage to any property, including reasonable costs for investigation and defenses thereof, including
but not limited to attorney’s fees, court costs and expert fees, of any nature whatsoever arising out
of or incident to this Agreement or the acts or omissions of Contractor’s officers, agents, employees,
subcontractors, licensees or invitees, regardless of where the injury, death or damage may occur,
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unless such injury, death or damage is caused by the sole negligence of GIAA. Contractor shall give
notice to GIAA of any such claim or action. Contractor shall also use legal counsel reasonably
acceptable to GIAA in carrying out its obligations hereunder. The provisions of the section shall
survive the expiration or early termination of this Agreement.
6.06. Other Insurance Matters. All insurance required under this Agreement shall:
6.06.01. Rating. Be issued by insurance companies licensed to conduct business on Guam
and having a financing rating of at least A- (Excellent) by A.M. Best, or Aa3 (Excellent) by Moody’s,
or AA- (Strong) by Standard & Poors.
6.06.02. Primary. Be issued as a primary policy.
6.06.03. Notice of Cancellation. Contain an endorsement requiring thirty (30) days written
notice from the insurance company to both parties before cancellation or change in the coverage,
scope, or amount of any policy.
6.06.04. Deposit of Policy. Each policy, or a certificate of the policy, together with evidence
of payment of premiums, shall be deposited with GIAA at the commencement of the term, and, on
renewal of the policy, not less than twenty (20) days before expiration of the term of the policy.
6.06.05. Additional Insured; Blanket Policy. Each of the policies carried by Contractor shall
provide that GIAA is named as an additional insured thereunder as its interest may appear. GIAA’s
obligations to carry the insurance provided herein may be brought within the coverage of a so-called
“blanket policy” or policies of the insurance carrier maintained by the Contractor. However, GIAA
must be named as an additional insured thereunder as its interests may appear; the coverage afforded
GIAA must not be reduced or diminished by the blanket policy of insurance, with an endorsement
to that effect provided to GIAA; and the requirements set forth herein must be otherwise satisfied.
ARTICLE 7
RESPONSIBILITIES OF CONTRACTOR
7.01. Responsibilities. Contractor shall be responsible for the following:
7.01.01. Performance. Contractor shall be responsible for the quality, timely completion,
and coordination of all services furnished by the Contractor under this Agreement. Contractor shall
perform such services as may be necessary to accomplish the work required to be performed under
this Agreement and in accordance with this Agreement.
7.01.02. Licenses. Contractor shall supply all licenses, permits, secured access badges,
work uniforms, parking decals, and other work related documents required to perform this work in
accordance and in compliance with the Rules and Regulations and additional policies of GIAA, and
shall pay all fees resulting therefrom.
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7.01.03. Safety Regulations. The Contractor shall vigorously comply with all safety
regulations of the various crafts employees as prescribed by the Federal Occupational Safety and
Health Act and other safety regulations required by the Guam OSHA, and other safety regulations
as may be required by GIAA.
7.01.04. Supervision, Labor, Materials and Supplies. Contractor shall provide all
management, supervision, labor, materials, supplies, repair parts, tools and equipment, and shall
plan, schedule, coordinate and ensure effective and economical completion of all work and services
specified in this Agreement.
7.01.05. Employees. Contractor warrants that all persons employed by it have satisfactory
past employment records indicating their ability to accept the kind of responsibility anticipated in
this type of work. All employees shall be required to wear badges or other means of identification,
as required by GIAA, which are to be furnished by the Contractor and must be worn at all times
while working on GIAA property.
7.01.06. Energy Conservation. Contractor shall practice and exercise energy conservation
techniques in the use of GIAA furnished facilities or utilities at all times while performing the
services under this Agreement.
7.01.07. Fire Safety Measures and Fire Prevention. Contractor shall observe all federal,
territorial and GIAA fire safety and fire prevention regulations. It shall ensure that all employees
are aware of fire safety requirements and that they report any observed fire hazards to the Contractor
for notification to GIAA. A Contractor developed form shall be used for this purpose.
7.01.08. Loss of Property. Contractor shall deliver to GIAA Airport Police all lost or
unclaimed articles, regardless of value. All such articles shall be accompanied by a completed Lost
and Found form, with notation of date, time, location and circumstance of the discovery, as well as
finder’s name, badge number and other pertinent data. Lost and Found forms shall be provided by
the GIAA Airport Police.
7.01.09. Protective Measures. Contractor shall be responsible for the safety of all its
personnel and equipment used in work on Airport facilities, and for the protection of GIAA’s
personnel, tenants and passengers or visitors at GIAA and GIAA’s property during the performance
of the contractor’s services. All warning notices shall be highly visible. During work performance,
adjacent services and Terminal contents shall be protected. Windows, doors, cornices and other
building components shall be protected from soiling or damage by all practicable measures.
7.01.10. Damage to GIAA Facilities. Any GIAA or tenant-owned property damaged by
Contractor in the performance of work shall be immediately repaired or replaced by Contractor at
no expense to GIAA. Further, Contractor shall be solely responsible for loss or damage to tenant or
GIAA property caused by the negligence or improper protective measures during or after work
performance.
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ARTICLE 8
NOTICES
8.01. Any and all notices permitted or required to be given hereunder shall be deemed duly given
(1) upon actual delivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail. Each such notice
shall be sent to the respective party at the address indicated below or to any other address as the
respective parties may designate from time to time.
For Contractor: Contractor’s Name: ____________________
Attention: ________________________
Address: ________________________
Tel/Fax Number: ____________________
For GIAA: Name: A.B. Won Pat International Airport
Authority, Guam
Attention: Executive Manager
Address: P.O. Box 8770, Tamuning, Guam 96931
Tel/Fax Number: (671) 646-0300 and 646-8823
ARTICLE 9
BREACH TERMINATION OF AGREEMENT
The standard Termination Clauses found in the Guam Procurement Regulations has been
replaced with the following provisions required for AIP-funded contracts:
9.01. Breach. 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 Agreement or
such other action that may be necessary to enforce the rights of the parties of this Agreement.
GIAA will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the Agreement.
GIAA reserves the right to withhold payments to Contractor until such time the Contractor corrects
the breach or GIAA elects to terminate the Agreement. GIAA’s notice will identify a specific date
by which Contractor must correct the breach. GIAA may proceed with termination of the
Agreement if Contractor fails to correct the breach by the deadline indicated in GIAA’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and
remedies otherwise imposed or available by law.
9.02. Termination for Convenience.
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9.02.01. GIAA, may by written notice to Contractor, terminate this
Agreement for its convenience and without cause or default on the part of Contractor. Upon receipt
of the notice of termination, except as explicitly directed by GIAA, Contractor must immediately
discontinue all services affected.
9.02.02. Upon termination of the Agreement, Contractor must deliver to
GIAA all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
9.02.03. GIAA agrees to make just and equitable compensation to Contractor
for satisfactory work completed up through the date Contractor receives the termination notice.
Compensation will not include anticipated profit on non-performed services.
9.02.04. GIAA further agrees to hold Contractor harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this clause.
9.03. Termination for Default.
9.03.01. Either party may terminate this Agreement for cause if the other
party fails to fulfill its obligations that are essential to the completion of the work per the terms and
conditions of the Agreement. The party initiating the termination action must allow the breaching
party an opportunity to dispute or cure the breach.
9.03.02. The terminating party must provide the breaching party seven at least
seven (7) days advance written notice of its intent to terminate the Agreement. The notice must
specify the nature and extent of the breach, the conditions necessary to cure the breach, and the
effective date of the termination action. The rights and remedies in this clause are in addition to
any other rights and remedies provided by law or under this agreement.
9.03.03. Termination by GIAA. GIAA may terminate this Agreement in
whole or in part, for the failure of Contractor to:
9.03.03.01. Perform the services within the time specified in this
Agreement or by GIAA approved extension;
9.03.03.02. Make adequate progress so as to endanger
satisfactory performance of the Project;
9.03.03.03. Fulfill the obligations of the Agreement that are
essential to the completion of the Project.
9.03.04. Upon receipt of the notice of termination, Contractor must
immediately discontinue all services affected unless the notice directs otherwise. Upon termination
of the Agreement, Contractor must deliver to GIAA all data, surveys, models, drawings,
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specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by Contractor under this contract, whether complete or partially complete.
9.03.05. GIAA agrees to make just and equitable compensation to Contractor
for satisfactory work completed up through the date Contractor receives the termination notice.
Compensation will not include anticipated profit on non-performed services.
9.03.06. GIAA further agrees to hold Contractor harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this clause.
9.03.07. If, after finalization of the termination action, GIAA determines
Contractor was not in default of the Agreement, the rights and obligations of the parties shall be
the same as if GIAA issued the termination for the convenience of GIAA.
9.03.08. Termination by Contractor. Contractor may terminate this
Agreement in whole or in part, if GIAA:
9.03.08.01. Defaults on its obligations under this Agreement;
9.03.08.02. Fails to make payment to Contractor in accordance
with the terms of this Agreement;
9.03.08.03. Suspends the Project for more than 180 days due to
reasons beyond the control of Contractor.
9.03.09. Upon receipt of a notice of termination from Contractor, GIAA
agrees to cooperate with Contractor for the purpose of terminating the agreement or portion thereof,
by mutual consent. If GIAA and Contractor cannot reach mutual agreement on the termination
settlement, Contractor may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon GIAA’s breach of the Agreement.
9.03.10. In the event of termination due to GIAA breach, Contractor is
entitled to invoice GIAA and to receive full payment for all services performed or furnished in
accordance with this Agreement and all justified reimbursable expenses incurred by Contractor
through the effective date of termination action. GIAA agrees to hold Contractor harmless for
errors or omissions in documents that are incomplete as a result of the termination action under
this clause.
ARTICLE 10
OWNERSHIP OF DOCUMENTS
10.01. Ownership. All reports, drawings, designs, graphics and other relevant work or materials
furnished hereunder shall become and remain the property of GIAA, and may be used by GIAA as
it may require without any additional cost to GIAA. No reports shall be used by Contractor without
the express written consent by GIAA.
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If, as part of the Agreement, Contractor is required to produce data such as, but not limited to,
drawings, plans, specifications, calculations, models, flow diagrams, documents, visual aids and
other related materials, Contractor shall deliver to GIAA the original of all such data which shall
become property of GIAA.
The originals of all such data generated under this Agreement will be delivered to GIAA upon the
completion or termination of services hereunder. Contractor shall comply with GIAA Rules and
Regulations in regards to disclosure of such data to third parties without the knowledge and consent
of GIAA.
All materials, documents, data or information obtained from GIAA data files or any medium
furnished to Contractor in the performance of this Agreement will at all times remain the property
of GIAA. Such data or information may not be used or copied for direct or indirect use by Contractor
after termination of this Agreement.
ARTICLE 11
PATENT/COPYRIGHT MATERIALS
11.01. Contractor Responsibility. Unless otherwise expressly provided in the Agreement,
Contractor shall be solely responsible for securing the right to use any patented or copyrighted
materials in the performance of this Agreement.
ARTICLE 12
PROPRIETARY INFRINGEMENT INDEMNITY
12.01. Infringement Indemnity. Contractor warrants that all other products and services used by or
furnished by Contractor, or its subcontractors under this Agreement, do not infringe upon or violate
any patent, copyright, trade secret, Agreement right, trademark, trade name, or any other proprietary
right of any third party. In the event of any claim by any third party against the GIAA, GIAA shall
promptly notify Contractor and Contractor shall defend and indemnify GIAA against any loss, cost,
expense, claim or liability arising out of such claim, whether or not such claim is successful. In the
event of any such infringement, Contractor shall use its best efforts to promptly purchase for GIAA
any infringing products or services provided under this Agreement, or procure for GIAA a license,
at no cost to GIAA, which will allow GIAA to continue using the service or product. Should
Contract be unable to obtain for GIAA ownership or a license, or the equivalent, Contractor shall
pay to GIAA an amount equal to the loss in a value of the service or the price paid GIAA for the
service, whichever is greater.
ARTICLE 13
FACILITY USE AND EQUIPMENT STORAGE
13.01. Facilities Used by Contractor. Limited space within the terminal for Contractor’s exclusive
use as office space, storage and workshop space may be furnished by GIAA. Contractor shall be
fully responsible and liable for the facilities made available to it, to include loss or damage thereto.
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This responsibility includes the observance of safety, security and sanitary directives. Contractor
may not use any GIAA facilities other than those specifically provided for its exclusive use. GIAA
reserves the right to relocate Contractor’s office and storage spaces. Contractor may not use, or
allow others to use, any space provided by GIAA for any purpose other than the purpose of
performing services under this Agreement. Contractor shall be liable for any damage caused to space
provided by GIAA. Contractor shall restore areas used for operations or for storage, and all areas
adjacent to the work, to their original conditions.
13.02. Equipment and Material Storage. In general, equipment and materials shall be stored off the
Terminal Building premises until they are to be used in the work. Equipment and materials located
on the Airport, but not being used, shall be left at locations to be designated by GIAA. All other
operations of Contractor shall be confined to the areas authorized or approved by GIAA. Areas
adjacent to the work will be made available for temporary use by Contractor, without cost, whenever
such use will not interfere with other purposes. Contractor shall be liable for any damage caused to
such premises. Contractor shall restore areas used for operations or for storage, and all areas adjacent
to the work, to their original conditions.
ARTICLE 14
SPECIAL INSTRUCTIONS
14.01. Non-Acceptance of Gratuities. Contractor shall prohibit its directors, officers, employees and
agents from soliciting or accepting any gratuities for any reason from the passengers, tenants,
customers or other persons.
14.02. Employee Conduct. Contractor agrees to properly instruct and supervise all of its personnel
to ensure that they are in a courteous, helpful and professional manner in communicating with
patrons of the terminal facility and while performing duties in all public areas of the Terminal.
14.03. Work in Secured Access Areas.
14.03.01. Badges and Passes. All Contractor employees shall obtain the required secure
identification display area (“SIDA”) badges and vehicle passes. All applicants for a SIDA badge
must complete security training and must pass criminal and other background investigations. GIAA
may, at its discretion, change security regulations and requirements from time to time and Contractor
shall comply will all such regulations and requirements. Contractor shall, prior to the start of the
contract, submit to the Project Manager an estimate of the number of personnel expected to have
badges and passes. Each employee shall wear the government issued badge over the front of the
outer clothing. When an employee leaves Contractor’s service, it is the responsibility of Contractor
to surrender the badge and pass. All issued badges must be surrendered at the termination of the
Contract.
14.03.02. Operations on the AOA. All operations on the AOA shall be in accordance
with GIAA’s AOA Driving Directives and all applicable laws, rules and regulations. Before
Contractor shall permit any employee any subcontractor to operate a motor vehicle of any kind or
type on the AOA (and unless escorted by a GIAA approved escort), Contractor shall ensure that all
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such vehicle operators possess current, valid, and appropriate Guam driver’s licenses. In addition,
any motor vehicles and equipment of Contractor or of any subcontractor operating on the AOA must
have an appropriate vehicle identification permit issued by GIAA, which identification must be
displayed as required by GIAA.
14.03.03. Contractor agrees that its vehicles, cargo, goods and other personal property
are subject to being inspected and searched when attempting to enter or leave and while on the AOA.
Contractor further agrees on behalf of itself and its subcontractors that it shall not authorize any
employee or other person to enter the AOA unless and until such employee other person has executed
a written consent-to-search/inspection form acceptable to GIAA. Contractor acknowledges and
understands that the forgoing requirements are for the protection of users of the Airport and are
intended to reduce incidents of cargo tampering, aircraft sabotage, thefts and other unlawful
activities at the Airport. For this reason, Contractor agrees that persons not executing such consent-
to-search/inspection form shall not be employed by Contractor or by any subcontractor at the Airport
in any position requiring access to the AOA or allowed entry to the AOA by Contractor or by any
subcontractors.
14.04. Access to Premises. Contractor shall not permit any individual to have keys for access to
locked rooms until it has been determined that permitting such person(s) to have access will not be
contrary to GIAA’s interest and that the individual(s) is authorized to be admitted in accordance
with applicable orders, rules, regulations and instructions. These prohibitions and requirements shall
also be applicable to all individuals with regard to access, removal and/or possession of classified
data, materials, supplies, equipment and all GIAA owned property at locations designed in
Agreement.
14.05. Employee Parking. No personal use vehicles if contractor or its personnel will be permitted
in the restricted areas of the Airport. GIAA shall permit Contractor and its personnel, during the
effective period of this Agreement to purchase parking permits to park personal use motor vehicles
in designated parking areas. Contractor shall comply with existing rules, regulations and procedures
and such reasonable future rules, regulations and procedures as may hereafter be adopted. GIAA
shall have no responsibility whatsoever, including, without limitation thereto, the loss, theft,
destruction or damage to said vehicle or any contents therein, in connection with the permission
granted to Contractor to park its motor vehicles. No other rights or privileges in connection with
parking of motor vehicles at the Airport are or shall be deemed to be granted to Contractor under
this Agreement.
14.06. Operation of Company Vehicles and Equipment. Each vehicle or unit of equipment that
travels or operates on any part of the Airport for the purpose of performing the services under this
Agreement shall have an approved decal or company name applied to both sides of the vehicle.
Magnetic or temporary signs are acceptable if they meet the size and description requirements as
stipulated in the GIAA Air Operations Area Safety and Driving Directives. Each vehicle or
equipment that extends higher than 25 feet above ground shall be equipped with a checkered flag
mounted firmly on the highest part of the vehicle.
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Delivery vehicles, material trucks and heavy equipment shall enter and depart through the check
points designated by GIAA. Except as otherwise directed or approved by GIAA, vehicles in use on
the Airport shall be confined to the work area. Only operators with current, restricted area driving
passes issued by GIAA Operations Division will be permitted to operate vehicles in restricted airfield
areas. When an operator does not have a current pass, the operator must be escorted by a vehicle
driven by an authorized driver.
14.07. Other Contracts. GIAA or other parties approved by GIAA may award other contracts for
additional work, and Contractor shall fully cooperate with such other contractors and carefully fit its
work to those provided under other contracts as may be directed by GIAA. Contractor shall not
commit or permit any act which will interfere with the performance of work by any contractor.
14.08. Damage Prevention. Contractor shall conduct its performance under this Agreement in a
manner that avoids injury or damage to GIAA’s property and improvements. Buildings, tree
shrubbery, pole lines, fences, guard rails, guide posts, culvert and project markers, signs, structures
and other objects on or adjacent to work site shall be protected from injury or damage in all instances.
When ordered by GIAA, Contractor shall provide and install all suitable safeguards to protect any
object from injury or damage.
Contractor shall protect existing floor areas and floor equipment with suitable wheel traction or
tracking and from equipment loaded in excess of the strength of floor area and floor edge. Should
injury or damage occur in areas and routes used by Contractor, and through the fault of Contractor’s
operations, such areas and routes shall be restored to their original condition by Contractor.
Contractor shall pay and satisfactorily repair damage to any object which may be damaged as a result
of the operations or negligence of Contractor. Should it become necessary for GIAA to repair such
damage, Contractor shall be billed for and shall pay the actual cost to GIAA for labor and materials
plus fifteen (15%) percent for administrative costs.
14.09. Recycling. Contractor shall be responsible for sorting and removing recyclable materials from
trash receptacles in Contractor’s areas of performance. The disposition of such recyclables shall be
determined by Contractor’s own efforts in recycling reusable materials in accordance with and all
federal and local environmental regulations and policies.
ARTICLE 15
PROJECT ADMINISTRATION
15.01. Project Manager. Contractor shall appoint a Contractor Project Manager to direct the
Contractor’s efforts, in fulfilling Contractor’s obligation under this Agreement. Contractor’s Project
Manager shall be subject to the approval of GIAA and shall not be changed without the written
consent of the GIAA, which consent shall not be unreasonably withheld.
GIAA shall appoint a GIAA Project Manager who will act as a liaison between GIAA and Contractor
during the term of this Agreement; GIAA Project Manager will also manage the affairs of the GIAA
Quality Control Program.
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ARTICLE 16
MEETINGS
16.01. Meetings. GIAA’s Project Manager and Contractor’s Project Manager will meet on
reasonable notice to discuss Contractor’s performance and progress under this Agreement. If
requested by GIAA’s Project Manager, Contractor’s Project Manager and other designated project
personnel shall attend all requested meetings.
ARTICLE 17
INDEPENDENT CONTRACTOR
17.01. Contractor and its employees or personnel are and at all times shall be deemed independent
Contractors and shall be fully responsible for the services performed under the terms of the
Agreement and are not GIAA employees. Contractor shall assume full responsibility for the actions
of its employees as related to the services provided under this Agreement. GIAA shall not directly
supervise Contractor’s employees in the performance of their duties. Nothing in this Agreement
shall be deemed or construed by Contractor or GIAA, or by third parties, to create the relationship
of principal and agent or a partnership, joint venture or association or any other relationship other
than an owner of property engaging the services of an independent contractor to perform the services
required under this Agreement.
ARTICLE 18
CONFLICT OF INTEREST
18.01. The GIAA Board of Directors policy prohibits its public employees from engaging in
activities involving conflict of interest. Contractor shall not during the period of this Agreement
employ any current GIAA director, officer, employee and/or consultant presently engaged with
GIAA for any purpose. Contractor represents and warrants that it has not knowingly influenced,
and promises that Contractor will not knowingly influence a government employee to breach any of
the ethical standards set forth in Chapter 11 of the Guam Procurement Regulations. Contractor also
represents and warrants that it has not violated, is not violating and promises that it shall not violate
the prohibitions against gratuities and kickbacks set forth in the Guam Procurement Regulations.
ARTICLE 19
DISPUTES
19.01. GIAA and Contractor agree to attempt resolution of all controversies which arise under, or
are by virtue of, this Agreement through mutual agreement. If the controversy is not resolved by
mutual agreement, then the controversy shall be decided by GIAA in writing within sixty (60) days
after Contractor shall request GIAA in writing to issue a final decision. GIAA does not issue a
written decision within sixty days after written request for a final decision, or within such longer
period as may be agreed upon by the parties, then Contractor may proceed as though GIAA had
issued a decision adverse to Contractor.
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19.02. GIAA shall immediately furnish a copy of the decision to Contractor, by certified mail, return
receipt requested, or by any other method that provides evidence of receipt. GIAA’s decision shall
be final and conclusive, unless fraudulent, or unless Contractor appeals the decision as follows:
(A) For disputes involving money owed by or to GIAA under this Agreement,
Contractor files appeal of the decision in accordance with the Government Claims Act by filing a
government claim with GIAA no later than eighteen months after the decision is rendered by GIAA
or from the date when a decision should have been rendered.
(B) For all other disputes arising under this Agreement, Contractor files an
appeal with the Office of the Public Accountability pursuant to 5 G.C.A. §§ 5706(a) and 5427(e)
within sixty days of GIAA’s decision or from the date the decision should have been made.
Contractor shall exhaust all administrative remedies before filing an action in the Superior Court of
Guam in accordance with applicable laws.
Contractor shall comply with GIAA’s decision and proceed diligently with performance of
this Agreement pending final resolution by the Superior Court of Guam of any controversy arising
under, or by virtue of, this Agreement, except where Contractor claims a material breach of this
Agreement by GIAA. However, if GIAA determines in writing that continuation of services under
this Agreement is essential to the public’s health or safety, then Contractor shall proceed diligently
with performance of the Agreement notwithstanding any claim of material breach by GIAA.
ARTICLE 20
CONSENT TO BREACH NOT WAIVER
20.01. No term or provision of this Agreement shall be deemed waived and no breach excused,
unless such waiver of consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party to, or waiver of, a breach by the other, whether express or
implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent
breach.
ARTICLE 21
REMEDIES NOT EXCLUSIVE
21.01. The remedies for breach set forth in this Agreement are cumulative as to one another and as
to any others provided by law, rather than exclusive; and the expression of certain remedies in this
Agreement does not preclude resort by either party to any other remedies provided by law.
ARTICLE 22
CONFIDENTIALITY
22.01.All records and information concerning any and all matters referred to Contractor by GIAA
shall be considered and kept confidential by Contractor and Contractor’s staff, agents, and
employees.
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ARTICLE 23
AUDIT
23.01. GIAA’s duly authorized representatives shall have access at reasonable times to all reports,
records, documents, files, and personnel necessary to audit and verify Contractor’s charges to GIAA
hereunder. Contractor agrees to retain reports, records, documents and files related to changes
hereunder for a period of three (3) years following the date of final payment of Contractor’s services
hereunder. GIAA reserves the right to audit and certify Contractor’s records before final payment
is made. GIAA’s representatives shall have the right to reproduce any of the aforesaid documents.
ARTICLE 24
GOVERNMENT COMPLIANCE
24.01. Non-Exclusive Rights. Nothing in this Agreement shall be construed to grant or authorize
the granting of any exclusive rights within the meaning of section 308 of the Federal Aviation Act
of 1958, applicable FAA regulations or AIP Grant Assurance No. 23.
24.02. Subordination of Agreement. This Agreement shall be subordinate to the provisions of any
existing or future agreement between GIAA and the Government of Guam, or the United States of
America, or any of their respective boards, agencies or representatives relative to the operation or
maintenance of the Airport.
24.03. FAA Requirements. In the event the FAA or its successors shall at any time require any
modifications or changes in this Agreement as a condition precedent to the granting of funds for any
improvements to the Airport, Contractor hereby consents to such amendments, modifications,
revisions, supplements, or deletions of any of the terms, conditions or requirements of this
Agreement as any reasonably be required to obtain such funds.
24.04. Security Compliance. Contractor shall comply with and conform its performance of the
Scope of Work to GIAA’s Airport Security Program, Security Directives and Emergency
Amendments and FAA regulations (collectively, “Security Requirements”). Contractor shall require
all persons, including without limitation its subcontractors, agents, employees, or invitees, entering
the A.B. Won Pat International Airport, including without limitation, surrounding facilities, parking
lots, and runways, (collectively the “Airport Premises”) to comply with the Security Requirements
and the Airport Rules and Regulations. Contractor agrees to pay, indemnify and save GIAA
harmless from and against any and all fines and penalties imposed or assessed on GIAA and/or
Contractor for any breach of the Security Requirements by Contractor, its subcontractors, agents,
employees, or invitees, whether intentional, non-intentional, or through negligence occurring on the
Airport Premises during the term, or any extended term, of this Agreement. Contractor agrees to
rectify any security deficiency or other deficiency as may be determined as such by GIAA or the
United States Department of Transportation, Federal Aviation Administration, the Transportation
Security Administration, or any other federal agency. In the event Contractor fails to remedy any
such deficiency, GIAA may do so at the cost and expense of Contractor. GIAA reserves the right to
take whatever action is necessary to rectify any security deficiency or other deficiency.
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24.05. Government Requirements. Contractor shall comply with all governmental requirements
applicable to Contractor’s operations within the Airport facilities. Without limiting the generality
of the foregoing, Contractor shall at all times conduct its operations in strict accordance with all
rules, regulations and security plans that may be imposed by the United States, the FAA, the
Government of Guam, or GIAA with respect to the Airport facilities and operations thereof.
24.06. Duly Licensed. Contractor and all subcontractors are duly licensed and authorized to
perform the services required under this Agreement under the applicable laws of Guam. Any
specialized contractor licenses shall be provided by duly-licensed Guam subcontractors of
Contractor. At least ten (10) days prior to the expiration date of any of the licenses held by Contractor
for the services required under this Agreement, documentation showing that the license(s) has been
renewed shall be filed with GIAA.
24.07. No Liability for Exercise of Powers. GIAA shall not be liable to Contractor for any
diminution or deprivation of its rights which may result from the proper exercise of any power
reserved to GIAA in this Agreement; Contractor shall not be entitled to terminate this Agreement by
reason thereof, unless the exercise of such power shall interfere with Contractor’s rights hereunder
so as to constitute a termination of this Agreement by operation of law.
24.08. Taxes and Other Governmental Charges. Contractor shall pay, as the same become due, all
taxes and governmental charges of any kind whatsoever that at any time lawfully may be assessed
or levied against or with respect to Contractor’s improvements, machinery, equipment or other
property installed or used upon the Airport, including any ad valorem or personal property tax that
may be assessed against any leasehold interest or estate created by this Agreement. In good faith
and with due diligence, Contractor may contest any such taxes or governmental charges.
24.09. Gratuities and Kickbacks. Contractor represents that it has not violated, is not violating, and
promises that it will not violate the prohibition against gratuities and kickbacks set forth in §11206
(Gratuities and Kickbacks) of the Guam Procurement Regulations.
24.10. Representation Regarding Ethical Standards for Government and former Government
Employees. Contractor represents that it has not knowingly influenced and promises that it will not
knowingly influence a government employee to breach any of the ethical standards set forth in 5
GCA Chapter 5 Article 11 (Ethics in Public Contracting) of the Guam Procurement Act and in
Chapter 11 of the Guam Procurement Regulations.
24.11. Warranty against Employment of Sex Offenders (Public Law 28-98:2). Contractorwarrants
that no person providing services on behalf of Contractor has been convicted of a sex offense under
the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title
9 GCA, or an offense in another jurisdiction with, at a minimum, the same elements as such offenses,
or who is listed on the Sex Offender Registry. If any person providing services on behalf of
Contractor is convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an
offense as defined in Article 2 of Chapter 28, Title 9 GCA or an offense in another jurisdiction with,
at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry,
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that such person will immediately be removed from working at said agency and the Authority be
informed of such within twenty-four (24) hours of such conviction.
24.12. Covenant Against Contingent Fees. Contractor warrants that it has not employed any person
to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or
contingent fee. Breach of this warranty shall give GIAA the right to terminate this Agreement or,
as consideration, deduct the amount of such commission, percentage, brokerage or continent fee
from the Agreement price. This warranty shall not apply to commissions payable by contractors
upon contracts or sales secured or made through a bonafide established commercial or selling
agencies maintained by contractors for the purpose of securing business.
ARTICLE 25
ATTORNEYS’ FEES
25.01. If GIAA retains an attorney or attorneys to enforce any of the provisions of this Agreement,
or to protect its interest in any matter arising under this Agreement, or to recover damages for the
breach thereof, or GIAA commences an action for any of the foregoing reasons or to resolve any
dispute relating to this Agreement, and GIAA prevails, then GIAA shall be entitled to recover from
Contactor GIAA’s reasonable attorneys’ fees, costs and expenses incurred in connection with any
such action. If Contractor retains an attorney or attorneys regarding this Agreement, any recovery
of attorneys’ fees, costs or expenses from GIAA by Contractor is limited by and subject to the
Government Claims Act and any other applicable law.
ARTICLE 26
REMEDIES
26.01. Any dispute arising under or out of this Agreement is subject to the provisions of Chapter 9
(Legal and Contractual Remedies) of the Guam Procurement Regulations.
ARTICLE 27
CLAIMS BASED ON GIAA’S ACTS OR OMISSIONS
27.01. Notice of Claim. If any action or omission on the part of GIAA, requiring performance
changes within the scope of the Agreement constitutes the basis for a claim by Contractor for
additional compensation, damages, or an extension of time for completion, Contractor shall continue
with performance of the Agreement in compliance with the directions or orders of such officials, but
by so doing, Contractor shall not be deemed to have prejudiced any claim for additional
compensation, damages, or an extension of time for completion; provided:
(a) Contractor shall have given written notice to GIAA:
(i) prior to the commencement of the work involved, if at that time Contractor
knows of the occurrence of such action or omission;
(ii) within 30 days after Contractor knows of the occurrence of such action or
omission, if Contractor did not have such knowledge prior to the commencement of the work; or
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(iii) within such further time as may be allowed by GIAA in writing.
This notice shall state that Contractor regards the act or omission as a reason which may
entitle Contractor to additional compensation, damages, or an extension of time. GIAA, upon receipt
of such notice, may rescind such action, remedy such omission, or take such other steps as may be
deemed advisable in the discretion of GIAA.
(b) the notice required by 36.01 (a) of this Article describes as clearly as practicable at the
time the reasons why Contractor believes that additional compensation, damages, or an extension of
time may be remedies to which Contractor is entitled; and
(c) Contractor maintains and, upon request, makes available to GIAA within a reasonable
time, detailed records to the extent practicable, of the claimed additional costs or basis for an
extension of time in connection with such changes.
27.02. Limitations of Clause. Nothing herein contained, however, shall excuse Contractor from
compliance with any rules of law precluding any territorial officers and any contractors from acting
in collusion or bad faith in issuing or performing change orders which are clearly not within the
scope of the Agreement.
27.03. Adjustments of Price. Any adjustment in the contract price made pursuant to this clause shall
be determined in accordance with the Price Adjustment Clause of this Agreement.
ARTICLE 28
WAGE DETERMINATION (5 GCA ARTICLE 13)
28.01. Contractor shall pay its employees whose purpose in whole or in part is the direct delivery
of services in accordance with the Wage Determination applicable to this Agreement.
28.02. In addition to the subsection above, Contractor shall pay said employees health and similar
benefits having a minimum value as detailed in the Wage Determination, and shall pay them a
minimum of ten (10) paid holidays per year.
28.03. Contractor is advised that the Guam Department of Labor, or its successor, shall monitor
compliance with the provisions of 5 GCA Article 13, Wage and Benefit Determination. The Director
of the Department of Labor, or that person’s successor, shall investigate possible or reported
violations of the provisions of the law, and shall forward such findings to GIAA. The Department
of Labor, or its successor, shall promulgate rules and regulations, pursuant to the Administrative
Adjudication law, as needed to ensure the equitable investigation of violations and the maintenance
of due process, as well as the assessment of any monetary penalties in the event of a violation,
providing that such monetary penalties shall be limited to assessment of no less than One Hundred
Dollars ($100.00) per day, and no more than One Thousand Dollars ($1,000.00) per day, until such
time as a violation has been corrected, as well as the payment of all back wages and benefits due.
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28.04. In the event there is a violation, Contractor may be placed on probationary status by the Chief
Procurement Officer of the General Services Agency, or its successor, for a period of one (1) year.
During the probationary status, Contractor shall not be awarded any contract by any instrumentality
of the Government of Guam. In the event Contractor is placed on probationary status, or has been
assessed a monetary penalty pursuant to 5 GCA Article 13, Contractor may appeal such penalty or
probationary status to the Superior Court of Guam.
28.05. Contractor has submitted a Declaration of Compliance with Wage Determination laws with
the most recent Wage Determination promulgated by the U.S. Department of Labor attached.
28.06. Upon any renewal of this Agreement, GIAA and Contractor agree that the Wage
Determination promulgated by the U.S. Department of Labor on a date most recent to the renewal
shall apply to the Agreement.
ARTICLE 29
FAA REQUIRED PROVISIONS
29.01. Civil Rights – General. The contractor agrees to comply with pertinent statutes, Executive
Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance. This provision binds the contractor and
subtier contractors from the RFP 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.
29.02. Title VI - Compliance with Nondiscrimination Requirements. During the performance of
this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred
to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be
amended from time to time, which are herein incorporated by reference and made a part of this
contract.
2. 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
Nondiscrimination Acts and Authorities, including employment practices when the contract covers
any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive solicitation, or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the contractor of the contractor’s
obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of
race, color, or national origin.
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4. Information and Reports: The contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by the
sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts And Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor
will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation
by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to
enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request
the United States to enter into the litigation to protect the interests of the United States.
29.03. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance
of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred
to as the “contractor”) agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 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
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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).
ARTICLE 30
MISCELLANEOUS
30.01. Entire Agreement. This Agreement contains the entire agreement of the parties with respect
to the matters covered by this Agreement, and no other agreement, statement, or promise made by
any party, or to any employee, officer, or agent of any party, which is not contained in this
Agreement shall be binding or valid.
30.02. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
30.03. Headings. Headings used in this Agreement are for reference purposes only and shall not be
considered in construing this Agreement.
30.04. News and Information Release. Contractor agrees that it will not issue any news releases in
connection with either the award of this Agreement or any subsequent amendment of or effort under
this Agreement, without first obtaining review and approval of said news releases from GIAA
through its designated agent.
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30.05. Governing Law. The validity of this Agreement and of any of its terms or provisions as well
as the rights and duties of the parties to this Agreement shall be governed by the laws of Guam.
30.06. Prohibition against Assignment and Subcontracting. No performance of this Agreement, or
right, duty, liability, obligation or responsibility may be assigned or subcontracted by Contractor
without the express written consent of GIAA. Any attempt by Contractor to assign or transfer of a
majority share or interest in ownership of Contractor shall constitute an assignment and shall
constitute a default of this Agreement.
30.07. Amendments. This Agreement may not be amended except by a written agreement signed
by all parties.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS THEREOF the parties hereto have executed this Contract as of the day and year first
written.
A.B. WON PAT INTERNATIONAL
AIRPORT AUTHORITY, GUAM
By:
Charles H. Ada II
Executive Manager
Date:
[CONTRACTOR]
By:
Name:
Title:
Date:
CONCURRED BY
A.B. WON PAT INTERNATIONAL
AIRPORT AUTHORITY, GUAM
BOARD OF DIRECTORS
By:
Ricardo C. Duenas
Chairman
Date:
ATTESTED TO:
By:
Name:
Title:
Date:
CERTIFICATION OF AVAILABILITY OF
FUNDS
By: __________________________________
[Name]
Certifying Officer
Date:
APPROVED AS TO FORM
By: ________________________________
GIAA Legal Counsel
Date:
DRAFT CONTRACT RFP No. RFP-001-FY19
ATTACHMENT 1
SCOPE OF SERVICES
(See attached)
DRAFT CONTRACT RFP No. RFP-001-FY19
ATTACHMENT 2
FEES
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