HomeMy WebLinkAbout20181281 Ver 1_DACA21-3-13-4099 Supplemental Agreement No1 20171114 (signed)_9/19/2018 1:27 PMSUPPLEMENTAL AGREEMENT NO. 1
TO
LICENSE NO. DACA21-3-13-4099
MILITARY OCEAN TERMINAL SUNNY POINT
NEW HANOVER COUNTY, NORTH CAROLINA
WHEREAS, the Secretary of the Army, acting for and on behalf of the United States of
America as Grantor, and the State of North Carolina, Department of Transportation, hereinafter
referred to as the Grantee, entered into License No. DACA21-3-13-4099 for the purpose of
construction, operation, and maintenance of soil disposal area for deposit of soil material obtained
from the operational maintenance of the ferry landing, for the use of approximately 9.50 acres, across,
in and upon government owned lands for a term of five (5) years, beginning December 1, 2012 and
ending November 30, 2017; and
WHEREAS, it is the desire of both parties and it is considered mutually beneficial to extend
the term of said LICENSE for a period of one (1) year,
WHEREAS, it is the desire of both parties and it is considered mutually beneficial to add
Compliance With Executive Order (EO) No. 13658 as condition No. 23 to said LICENSE; and
WHEREAS, it is the desire of both parties and it is considered mutually beneficial to add
Compliance With Executive Order (EO) No. 13706 as condition No. 24 to said LICENSE.
NOW THEREFORE, in consideration of the mutual benefits and services to be derived by the
parties hereto, License No. DACA21-3-13-4099 is hereby amended, effective upon the date of this
Supplemental Agreement No. 1 on behalf of the government, in the following particulars, but not
otherwise:
� Condition 1, TERM, is hereby amended to extend the LICENSE for one (1) additional year
with the remaining term beginning November 30, 2017, and ending November 29, 2018.
� Compliance with Executive Order (EO) No. 13658 Condition No. 23 shall be added to said
License;
"No. 23 COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13658
(1) Any reference in this section to "prime contractor" or "contractor" shall mean North
Carolina, Department of Transportation, and any reference to "contract" shall refer to License No.
DACA21-3-13-4099.
(a) The parties expressly stipulate this contract is subject to Executive Order 13658, the
regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and
the following provisions.
(b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the
SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
performance of this contract by the prime contractor or any subcontractor, regardless of any contractual
relationship which may be alleged to exist between the contractor and worker, shall be paid not less
than the applicable minimum wage under Executive Order 13658.
(2) The minimum wage required to be paid to each worker performing work on or in
connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per
hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of
the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher
minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of
Executive Order 13658 will be effective for all workers subject to the Executive Order beginning
January 1 of the following year. If appropriate, the contracting officer, or other agency official
overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs
resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning
on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register
no later than 90 days before such new wage is to take effect. The Secretary will also publish the
applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published
minimum wage is incorporated by reference into this contract.
(3) The contractor shall pay unconditionally to each worker all wages due free and clear
and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or
kickback on any account. Such payments shall be made no later than one pay period following the end
of the regular pay period in which such wages were earned or accrued. A pay period under this
Executive Order may not be of any duration longer than semi-monthly.
(4) The prime contractor and any upper-tier subcontractor shall be responsible for the
compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage
requirements. In the event of any violation of the minimum wage obligation of this clause, the
contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.
(5) If the commensurate wage rate paid to a worker on a covered contract whose wages
are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece
rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order
minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the
certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c)
worker the greater commensurate wage.
(c) Withholding. The agency head shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the prime
contractor under this or any other Federal contract with the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay workers the full amount of
wages required by Executive Order 13658.
(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a
failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10,
or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10,
the contracting agency may on its own action or after authorization or by direction of the Department
of Labor and written notification to the contractor, take action to cause suspension of any further
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to
comply with the requirements of this clause may be grounds for termination of the right to proceed
with the contract work. In such event, the Government may enter into other contracts or arrangements
for completion of the work, charging the contractor in default with any additional cost. A breach of the
contract clause may be grounds for debarment as a contractar and subcontractor as provided in 29 CFR
10.52.
(e) The contractor may not discharge any part of its minimum wage obligation under
Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are
governed by the Service Contract Act, the cash equivalent thereof.
( fl Nothing herein shall relieve the contractor of any other obligation under Federal, State
or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower
prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to
pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker.
(g) Payroll Records. (1) The contractor shall make and maintain for three years records
containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each
worker and shall make the records available for inspection and transcription by authorized
representatives of the Wage and Hour Division of the U.S. Department of Labor:
(i) Name, address, and social security number.
(ii) The worker's occupation(s) or classification(s)
(iii) The rate or rates of wages paid.
(iv) The number of daily and weekly hours worked by each worker.
(v) Any deductions made; and
(vi) Total wages paid.
(2) The contractor shall also make available a copy of the contract, as applicable, for
inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available such records for inspection and
transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to
produce such records, the contracting officer, upon direction of an authorized representative of the
Department of Labor, or under its own action, shall take such action as may be necessary to cause
suspension of any further payment or advance of funds until such time as the violations are
discontinued.
(4) The contractor shall permit authorized representatives of the Wage and Hour Division
to conduct investigations, including interviewing workers at the worksite during normal working
hours.
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
(5) Nothing in this clause limits or otherwise modifies the contractor's payroll and
recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing
regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor
Standards Act, as amended, and its implementing regulations; or any other applicable law.
(h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered
subcontracts and shall require its subcontractors to include this clause in any covered lower-tier
subcontracts. The prime contractor and any upper-tier subcontractar shall be responsible for the
compliance by any subcontractor or lower-tier subcontractor with this contract clause.
(i) Certification of Eligibility. (1) By entering into this contract, the contractor (and
officials thereo� certifies that neither it (nor he or she) nor any person or firm who has an interest in
the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the
sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon
Act, or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person or firm whose name
appears on the list of persons or firms ineligible to receive Federal contracts.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of
the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the
wage payrnent obligation (tip credit) to the extent permitted under section 3(a) of Executive Order
13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to
the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the
amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the
amount of cash wage paid and the tips received by the employee equal the applicable minimum wage
under Executive Order 13658. To utilize this proviso:
(1) The employer must inform the tipped employee in advance of the use of the tip credit;
(2) The employer must inform the tipped employee of the amount of cash wage that will
be paid and the additional amount by which the employee's wages will be considered increased on
account of the tip credit;
(3) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips received); and
(4) The employer must be able to show by records that the tipped employee receives at
least the applicable Executive Order minimum wage through the combination of direct wages and tip
credit.
(k) Antiretaliation. It shall be unlawful for any person to discharge or in any other manner
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
discriminate against any worker because such worker has filed any complaint or instituted or caused to
be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has
testified or is about to testify in any such proceeding.
(1) Disputes concerning labor standards. Disputes related to the application of Executive
Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR part 10. Disputes within the meaning of this contract clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or
the workers or their representatives.
(m) Notice. The contractor must notify all workers performing work on or in connection
with a covered contract of the applicable minimum wage rate under the Executive Order. With respect
to service employees on contracts covered by the Service Contract Act and laborers and mechanics on
contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a
prominent and accessible place at the worksite, the applicable wage determination under those statutes.
With respect to workers performing work on or in connection with a covered contract whose wages are
governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a
prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that
customarily post notices to workers electronically may post the notice electronically provided such
electronic posting is displayed prominently on any Web site that is maintained by the contractor,
whether external or internal, and customarily used for notices to workers about terms and conditions of
employment.
(n) If a duly authorized representative of the United States discovers or determines, whether
before or subsequent to executing this contract, that an erroneous determination regarding the
applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to
indemnify and hold harmless the United States, its officers, agents, and employees, for and from any
and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs,
fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any
way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This
includes contractor releasing any claim or entitlement it would otherwise have to an equitable
adjustment to the contract and indemnifying and holding harmless the United States from the claims of
subcontractors and contractor employees."
� Compliance with Executive Order (EO) No. 13658 Condition No. 24 shall be added to said
License;
"No. 24 COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13706
Any reference in this section to "prime contractor" or "contractor" shall mean North Carolina,
Department of Transportation, and any reference to "contract" shall refer to License No. DACA21-3-
13-4099.
(a) Executive Order 13706. This contract is subject to Executive Order 13706, the regulations
issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following
provisions.
(b) Paid sick leave.
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
(1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the
performance of this contract by the prime contractor or any subcontractor, regardless of any contractual
relationship that may be alleged to exist between the contractor and employee, to earn not less than 1
hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and
use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall
in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6,
which are incorporated by reference in this contract.
(2) The contractor shall provide paid sick leave to all employees when due free and clear
and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or
kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no
later than one pay period following the end of the regular pay period in which the paid sick leave was
taken.
(3) The prime contractor and any upper-tier subcontractor shall be responsible for the
compliance by any subcontractor or lower-tier subcontractor with the requirements of Executive Order
13706, 29 CFR part 13, and this clause.
(c) Withholding. The contracting officer shall, upon its own action or upon written request of
an authorized representative of the Department of Labor, withhold ar cause to be withheld from the
prime contractor under this or any other Federal contract with the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay employees the full amount
owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13,
or this clause, including any pay and/or benefits denied or lost by reason of the violation; other actual
monetary losses sustained as a direct result of the violation, and liquidated damages.
(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure
to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on
its own action or after authorization or by direction of the Department of Labor and written notification
to the contractor, take action to cause suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. Additionally, any failure to comply with the requirements of
this clause may be grounds for termination of the right to proceed with the contract work. In such
event, the Government may enter into other contracts or arrangements for completion of the work,
charging the contractor in default with any additional cost. A breach of the contract clause may be
grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.
(e) The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is
in addition to a contractor's obligations under the Service Contract Act and Davis-Bacon Act, and a
contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those
Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and
29 CFR part 13.
( fl Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or
supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a
collective bargaining agreement requiring greater paid sick leave or leave rights than those established
under Executive Order 13706 and 29 CFR part 13.
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
(g) Recordkeeping.
(1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13
must make and maintain, for no less than three (3) years from the completion of the wark on the
contract, records containing the information specified in paragraphs (i) through (xv) of this section for
each employee and shall make them available for inspection, copying, and transcription by autharized
representatives of the Wage and Hour Division of the U.S. Department of Labor:
(i) Name, address, and Social Security number of each employee;
(ii) The employee's occupation(s) or classification(s);
(iii) The rate or rates of wages paid (including all pay and benefits provided);
(iv) The number of daily and weekly hours worked;
(v) Any deductions made;
(vi) The total wages paid (including all pay and benefits provided) each pay period;
(vii) A copy of notifications to employees of the amount of paid sick leave the employee
has accrued, as required under 29 CFR 13.5(a)(2);
(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in
writing, any other records reflecting such employee requests;
(ix) Dates and amounts of paid sick leave taken by employees (unless a contractor's paid
time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part
13 as described in § 13.5( fl(5), leave must be designated in records as paid sick leave
pursuant to Executive Order 13706);
(x) A copy of any written responses to employees' requests to use paid sick leave,
including explanations for any denials of such requests, as required under 29 CFR
13.5(d)(3);
(xi) Any records reflecting the certification and documentation a contractor may require
an employee to provide under 29 CFR 13.5(e), including copies of any certification
or documentation provided by an employee;
(xii) Any other records showing any tracking of or calculations related to an employee's
accrual or use of paid sick leave;
(xiii) The relevant covered contract;
(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave;
and
(xv) Any financial payment made for unused paid sick leave upon a separation from
employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve a contractor from
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
the obligation to reinstate such paid sick leave as otherwise required by 29 CFR
13.5(b)(4).
(2) (i) If a contractor wishes to distinguish between an employee's covered and non
covered work, the contractor must keep records or other proof reflecting such
distinctions. Only if the contractor adequately segregates the employee's time will
time spent on non-covered work be excluded from hours worked counted toward
the accrual of paid sick leave. Similarly, only if that contractor adequately
segregates the employee's time may a contractor properly refuse an employee's
request to use paid sick leave on the ground that the employee was scheduled to
perform non-covered work during the time she asked to use paid sick leave.
(ii) If a contractor estimates covered hours worked by an employee who performs
work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or,
(iii) The contractor must keep records or other proof of the veri�able information on
which such estimates are reasonably based. Only if the contractor relies on an
estimate that is reasonable and based on verifiable information will an employee's
time spent in connection with non-covered work be excluded from hours worked
counted toward the accrual of paid sick leave. If a contractor estimates the amount
of time an employee spends performing in connection with covered contracts, the
contractor must permit the employee to use her paid sick leave during any work
time for the contractor.
(3) In the event a contractor is not obligated by the Service Contract Act, the Davis Bacon Act,
or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the
employee is exempt from the FLSA's minimum wage and overtime requirements, and the contractor
chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the
requirement in paragraph (1)(d) of this section to keep records of the employee's number of daily and
weekly hours worked.
(4) (i) Records relating to medical histories or domestic violence, sexual assault, or
stalking, created for purposes of Executive Order 13706, whether of an employee
or an employee's child, parent, spouse, domestic partner, or other individual related
by blood or afiinity whose close association with the employee is the equivalent of
a family relationship, shall be maintained as confidential records in separate
files/records from the usual personnel files.
(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination
Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the
Americans with Disabilities Act (ADA) apply to records or documents created to
comply with the recordkeeping requirements in this contract clause, the records and
documents must also be maintained in compliance with the confidentiality
requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or
ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR
1630.14(c)(1), respectively.
(iii) The contractor shall not disclose any documentation used to verify the need to use
3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR
13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
confidentiality about any domestic abuse, sexual assault, or stalking, unless the
employee consents or when disclosure is required by law.
(5) The contractor shall permit authorized representatives of the Wage and Hour Division to
conduct interviews with employees at the worksite during normal warking hours.
(6) Nothing in this contract clause limits or otherwise modifies the contractor's recordkeeping
obligations, if any, under the Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards Act,
the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations,
or any other applicable law.
(h) The contractor (as defined in 29 CFR 13.2) shall insert this clause in all of its covered
subcontracts and shall require its subcontractors to include this clause in any covered lower-tier
subcontracts.
(i) Certification of Eligibility.
(1) By entering into this contract, the contractor (and officials thereo� certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to
section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person or firm whose name
appears on the list of persons or firms ineligible to receive Federal contracts currently maintained on
the System for Award Management Web site, http://www.SAM. o�v.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(j) Interference/Discrimination.
(1) A contractor may not in any manner interfere with an employee's accrual or use of
paid sick leave as required by Executive Order 13706 or 29 CFR part 13. Interference includes, but is
not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or
unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee
from using paid sick leave, reducing an employee's accrued paid sick leave by more than the amount of
such leave used, transferring an employee to work on non-covered contracts to prevent the accrual or
use of paid sick leave, disclosing confidential information contained in certification or other
documentation provided to verify the need to use paid sick leave, or making the use of paid sick leave
contingent on the employee's finding a replacement worker or the fulfillment of the contractor's
operational needs.
employee for:
(2) A contractor may not discharge or in any other manner discriminate against any
(i) Using, or attempting to use, paid sick leave as provided for under Executive
Order 13706 and 29 CFR part 13;
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SUPPLEMENTAL AGREEMENT NO. 1 DACA21-3-13-4099
(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right
or claim under Executive Order 13706 and 29 CFR part 13;
(iii)Cooperating in any investigation or testifying in any proceeding under
Executive Order 13706 and 29 CFR part 13; or
(iv) Informing any other person about his or her rights under Executive Order
13706 and 29 CFR part 13.
(k) Waiver. Employees cannot waive, nor may contractors induce employees to waive, their
rights under Executive Order 13706, 29 CFR part 13, or this clause.
(1) Notice. The contractor must notify all employees performing work on or in connection
with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13,
and this clause by posting a notice provided by the Department of Labor in a prominent and accessible
place at the worksite so it may be readily seen by employees.
Contractors that customarily post notices to employees electronically may post the notice
electronically, provided such electronic posting is displayed prominently on any Web site that is
maintained by the contractor, whether external or internal, and customarily used for notices to
employees about terms and conditions of employment.
(m) Disputes concerning labor standards. Disputes related to the application of Executive
Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR part 13. Disputes within the meaning of this contract clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or
the employees or their representatives."
All other terms and conditions of this License instrument shall remain unchanged and in full
force and affect.
This Supplemental Agreement No. 1 to License No. DACW21-3-13-4099 is not subject to Title
10, U.S.C., Section 2662, as amended.
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SUPPLEMENTAL AGREEMENT NO, i DACA21-3-13-4099
rN WITNESS WHEREOF, I have hereunto set my hand hy authority of the Secretary vf the
Army, this � day of /11011f.�Hdf,� , 2017.
Rabe�t M. Jewell
5a�annah Dist�ic#
Deputy Ch9e#, Rea1 Estata Divisian
Real Esta#e Gan#racting �ff'ic�r
Th�s Supplemental Agreement No. 1 is also executed by the Grantee an this ��� day of
�2Q17.
STATE �F NORTH CARdLINA,
DEPA OF TRAN ❑RT TI�N
BY:
NAME: a.}�'►a:+�e. —'t tc k
TITLE: �n��or+r-�.-�.-�. �ct.�ra }
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SiTPPLEMENTAL AGREEMENT N4.1 DACA21-3-13-4099
CERTIFICATE UF AUTH�RITY
I� h�a- �+I��r►c�4� (name} certify that I am the �,rL�o,+�e� ��ar�vr',,�(title}
af S#ate of Nar#h Carolina, Department of Transportation, that �it%�r.,r,:,� lpcel � {sig�2ator
of autgrant) who signed the faregoing instrument on hehalf of thc grantee was then
�r���� �x� � ls[' [title of signator af autgrant} of State af North Carolina, Department af
Transportation. I further certify that the said officer was aoting within the scvpe of powers delegated
to this go�rerning bady af the grantee in executing said instrument.
State af North Carnlina,
Department af Transportation
nat�: � I-I �! -r7 � ��,
Clerk or AppropriaEe Of'ficial
���