HomeMy WebLinkAboutAecom Technical Services-7/17/2017 (4)A!COM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
RECONSTRUCT TAXIWAY C
REHABILITATE RUNWAY 12/30 AND REMARK AIRFIELD PAVEMENTS
CONSTRUCTION -RELATED SERVICES (CRS)
FAA AIP No. 3-19-0094-045
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
Project Description: See attached Exhibit A, Scope of Services
Scope of Services: See attached Exhibit A, Scope of Services
Compensation
Compensation for Services for this project shall be a cost plus fixed fee not to exceed Two Hundred
Fifty -Four Thousand Dollars ($254,000.00). See attached Exhibit B, Consultant Cost Summary.
General Conditions
Except as specifically amended by this Individual Project Agreement, Services shall be provided in
accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered
between AECOM Technical Services, Inc. (ATS) and the City of Waterloo (Client) dated April 15,
2014. The conditions in the attached Exhibit C, Federal Contract Provisions for A/E Agreements,
shall replace Exhibit B, Federal Provisions of the Professional Services Agreement.
APPROVED:
APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By
Date
16-V(7
Date July 10, 2017
AECOM
EXHIBIT A
SCOPE OF SERVICES
FOR
CONSTRUCTION -RELATED SERVICES (CRS)
RECONSTRUCT TAXIWAY C
REHABILITATE RUNWAY 12/30 AND REMARK AIRFIELD PAVEMENTS
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
FAA AIP NO. 3-19-0094-045
Project Description
The project is described as the 2017 FAA AIP Improvements at the Waterloo Regional
Airport, Waterloo, Iowa. The project involves the following major construction elements:
Reconstruct Taxiway C (Bid Package 1)
• Removing Taxiway C1; and
• Reconstructing the portions of Taxiway C north of Runway 12/30 and south of
Runway 12/30 to near the intersection with Taxiway B with a Portland Cement
Concrete pavement section, a new medium intensity taxiway edge light (MITL)
system and new guidance signs.
Rehabilitate Runway 12/30 and Remark Airfield Pavements (Bid Package 2)
• Repairing Runway 12/30 pavement near Taxiway B1;
• Cleaning and sealing joints and cracks on Runway 12/30 west of Taxiway C;
• Cleaning and sealing joints and cracks on Runway 12/30 within the Runway 6/24
runway safety area;
• Pavement marking for select markings on the portion of Runway 12/30 west of
Taxiway C;
• Pavement marking for Runway 18/36;
• Pavement marking for portions of Taxiway A from the Terminal Apron to Runway
6, at the intersection with Taxiway E, and north of Runway 12/30; and
• Pavement marking for Taxiways B, B1, and C.
The project includes approximately 17,700 square yards of 8 -inch Portland Cement
Concrete pavement, 57,900 linear feet of crack and joint filling, 6,700 linear feet of
subdrain, 10,000 square feet of pavement marking on Taxiway C and Runway 12/30, a
medium intensity taxiway lighting system, including replacement of lighted airfield
guidance signs grading and surface restoration along the taxiway.
II. General Project Scope
The work to be performed by the Consultant shall encompass and include detailed work,
services, materials, equipment and supplies necessary to provide construction -phase
services. The design phase has been completed and the project is currently in the bid
phase. The construction -phase services shall be divided into the following tasks:
A. Construction Phase
1. Assemble Construction Documents. This task consists of assisting the
Sponsor in assembling the contract documents for execution by the Contractor
and the Sponsor.
ACOM
2. Issued for Construction Prosect Documents. This task consists of preparing
ten sets of plans and project manuals issued for construction.
a. FAA. One (1) electronic copy of the issued for construction set of plans
and project manual. All plans will be half-size (11" x 17").
b. Sponsor. Two (2) hard -bound copies of the issued for construction set of
plans and project manual (office file, project engineer, project
construction observer and project surveyor). All plans will be half-size
(11"x17").
c. Consultant. Four (4) hard -bound copies of the issued for construction
set of plans and project manual (office file, project engineer, project
construction observer and project surveyor). All plans will be half-size
(11" x 17").
d. Contractor. Five (5) hard -bound copies of the issued for construction set
of plans and project manual. Four (4) sets will be half-size (11" x 17")
and one set will be full-size (22" x 34").
3. Pre -Construction Conference. This task consists of preparation of meeting
agenda, attending, conducting a pre -construction conference with
representatives of the Contractor, Sponsor, Consultant, FAA and affected
utilities, preparing meeting minutes and distribution to all meeting attendees and
critical organizations not represented at the meeting.
4. Construction Surveying. This task consists of establishing horizontal and
vertical control for the project. In addition, this task includes checking the
Contractor survey notes for accuracy and method of staking. Contractor's survey
will be checked prior to beginning work in the area staked, and periodically for
grade and alignment. The survey notes received from the Contractor will be
organized, checked and filed for reference during the project.
5. Shop Drawings and Submittals. This task consists of reviewing the following
shop drawings and other submittals from the Contractor as required by the
contract documents for conformance with the design concept of the project and
compliance with the information given in the contract documents. Submittals and
shop drawings will also be reviewed for compliance with Buy American
Provisions of the contract.
a. Contractor's Safety Plan Compliance Document (SPCD)
b. Joint and Crack Filler
c. Crack Repair Material
d. Embankment Material
e. Silt Fence
f. Erosion Control Matting
g. Subbase Course
h. Aggregate Base Course
Portland Cement Concrete Pavement
j. Hot Mix Asphalt Pavement
k. Joint Sealant
Runway and Taxiway Paint
m. Reflective Media
n. Surface Applied Marking Material
o. Reinforced Concrete Pipe
p. Storm Sewer Manhole
q. Pipe Underdrains
r. Underdrain Cleanouts
AECOM
s. Seeding
t. Topsoiling
u. Mulching
v. Light Fixtures
w. Light Bases
x. Connector Kits
y. Heat Shrink Kits
z. Fixture Tags
aa. Conduit
bb. Handholes
cc. Wire
dd. Counterpoise Wire
ee. Ground Rods
ff. Exothermic Welds
gg. Wire Tags
hh. Guidance Signs
ii. Structural Concrete
6. Construction Observation Program (COP). This task consists of preparation
of the COP which will detail the measures and procedures that are required to
assure conformance with the approved plans and specifications. This program
will be developed in accordance with the FAA Central Region AIP Sponsor Guide
Section 1000 and submitted for FAA review and approval. The Contractor shall
be provided with copies of the FAA -approved COP at least 10 calendar days
before the pre -construction conference.
7. Construction Assistance. This task consists of answering design interpretation
questions from the Sponsor, Contractor, review staff and appropriate agencies.
8. Pay Applications and Reimbursement Forms. This task consists of preparing
and processing monthly applications for payment to the Contractor and
forwarding to the Sponsor for execution with recommendations for approval and
payment.
9. Labor and Payroll Reports. This task consists of reviewing weekly labor and
payroll reports for compliance with Davis -Bacon Act, conducting on-site
employee interviews, conducting E.E.O. site inspections and completion of GSA
Form 1445. Original documents will be submitted to the Sponsor at completion
of project for storage.
10. Testing of Materials. This task consists of providing field testing and materials
testing in accordance with the (COP). Braun Intertec will provide quality
assurance testing as identified in the COP.
11. Engineer Site Visits. This task consists of the project manager and/or engineer
conducting a total of eight (8) periodic site visits to the construction site by design
personnel at appropriate stages of construction to observe the progress, safety,
and quality of the construction. The engineer's representative will meet with the
representatives of the Sponsor and the Consultant to discuss the project's
progress and to identify areas of concern to facilitate the construction. For each
engineer site visit, a detail site visit memo shall be prepared summarizing the
visit and submitted to the Sponsor. These site visits are separate from
construction observation.
AECOM
12. Change Orders. This task consists of coordinating with the Sponsor and
Contractor in preparing and processing contract change orders. Change orders
will be submitted to FAA for review and approval prior to their execution.
13. Pre -Paving Conference. This task consists of a meeting with the Contractor,
quality assurance testing lab, resident project representative and the project
manager to discuss the testing requirements and paving plan to assure that
controls are in place to meet the project specifications prior to beginning paving
operations.
14. Construction Observation. This task consists of providing full-time field
observation during construction to review the work of the Contractor to determine
if the work is preceding in general accordance with the contract documents and
that completed work appears to conform to the contract documents. Also
included in this task will be the monitoring of DBE participation in the project.
Construction observation is based on providing one full-time, on-site resident
project representative for eight (8) hours per day for the full construction contract
time of one hundred fifty (150) calendar days. Staffing requirements may be
adjusted during the project in relation to the level of construction activity.
15. Weekly Construction Meetings. This task consists of meeting with the airport
staff, tenants and the Contractor for weekly progress meetings throughout the
construction phase of the project. The meeting. is to discuss project status,
safety, operations, construction issues and upcoming construction schedule.
16. Weekly Construction Reports. This task consists of preparation and weekly
submittal of FAA Form 5370-1, Construction Progress and Inspection Report, to
the Sponsor and FAA. Reports in accordance with the AIP Sponsor Guide. A
summary of the testing conducted and test results in each week and in -progress
construction photographs shall be attached to each weekly report. A similar
report format may be used if approved by the FAA.
17. Non -Compliance Reporting. This task consists of reporting to the Sponsor any
work believed to be unsatisfactory, faulty or defective or does not conform to the
contract documents, and advising the Sponsor of any work that should be
corrected or rejected.
18. Contractor Modifications. This task consists of reviewing, evaluating and
making recommendations to the Sponsor and FAA for consideration on
suggestions for modifications that have been proposed by the Contractor.
19. Project Files. This task consists of maintaining files for correspondence, reports
of the job conferences, shop drawings, and sample submissions, reproductions
of original contract documents including addenda, change orders, field
modifications, additional drawings issued subsequent to the execution of the
contract, Engineer clarifications and interpretations of the contract documents,
progress reports and other project -related documents.
20. Daily Reports. This task consists of the resident project representative keeping
a diary, log book or report for those times on site, recording hours on the job site;
weather conditions; data relative to questions of extras or deductions; list of
visiting officials and representatives of manufacturers, fabricators, suppliers and
distributors; activities; decisions, observations in general and specific
observations in more detail when necessary, as in the case of observing test
procedures. As part of this task, weekly construction progress and inspection
reports will be prepared and submitted to the FAA.
A!COM
21. Punch List. This task consists of conducting a review of the project near
completion and preparing a list of items ("Punch List") to be completed or
corrected.
22. Final Review. This task consists of performing a field observation of the
completed project before a final application for payment is processed for the
Contractor.
23. Proiect Closeout. This task consists of assisting the Sponsor with project
completion and final closeout documentation from the Contractor for the FAA by
providing the required documentation as identified in the Central Region Airports
Division AIP Sponsor Guide Section 1600.
a. Final Outlay Report — Standard Form SF -271
b. Federal Financial Report — Standard Form SF -425
c. Final Project Cost Summary
d. Summary of DBE Utilization
e. Final Construction Report
1) Brief Narrative of Work Accomplished
2) Summary of Key Milestone Dates
3) Contract Time, Including Explanation of Liquidated Damages (If
Required)
4) Statement of Compliance With Contract Labor Provisions
5) Administrative Costs
6) Engineering Costs
7) Force Account (If Any)
8) Construction Costs
9) Buy American Provisions
10) Airfield Lighting Equipment
11) Construction Material Testing and Acceptance
12) Final Inspection Report/Record of Completion
13) Contractor's Final Statement of Completion
14) Project Photographs
f. As -Built Record Drawings
g. As -Built Airport Layout Plan, Included in Previous Task Order
h. As -Built Survey
Airport Chart / Diagram Modification, Included in Previous Task Order
j. Airport Part 139 Sign Plan, Included in Previous Task Order
k. Airport Marking Plan
24. Record Drawings. This task consists of providing the Sponsor with a copy of
"Record Drawings" of the construction plans for the project based on the
construction observation records of the review staff and Contractor showing
those changes made during construction considered significant. Two copies of
the "Record Drawings" in electronic and reproducible format will be provided to
the Sponsor. One electronic copy would be for the FAA. Electronic drawings
shall be in MicroStation V8 format.
25. Construction Administration. This task consists of construction administration
and coordination of the project. Interoffice meetings, general day-to-day
administrative responsibilities, and typing of interoffice memoranda and minutes
of meetings are included in this task.
Reconstruct Taxiway C/Runway 12/30 Pavement Joint Repair/Pavement Marking
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP Project No. 3-19-0094-045
Construction Related Services
Consultant Cost Summary
Direct Labor Cost
Category Hours Rate/Hour Amount
Senior Professional 104 $82.30 $8,559.20
Project Professional 162 $59.10 $9,574.20
Staff Professional 128 $46.70 $5,977.60
Professional 52 $35.80 $1,861.60
CADD Operator II 48 $33.90 $1,627.20
CADD Operator I 24 $26.80 $643.20
Senior Technician 1108 $35.60 $39,444.80
Technician 380 $26.50 $10,070.00
Project Support 158 $31.00 $4,898.00
2164
Exhibit B
$82,655.80
II. Payroll Burden and Overhead Costs 135.09% $111,659.72
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 4000 0.535 2,140.00
Per Diem 0 50.00 0.00
Lodging 0 90.00 0.00
B/W Copies 3,000 0.06 180.00
Color Copies 500 0.22 110.00
Plan Copier 100 0.50 50.00
EDM Equipment 0 12.50 0.00
GPS Equipment 8 25.00 200.00
Miscellaneous, Other 500.00
IV. AECOM Estimated Actual Costs
Rounded
V. Subcontract Expense
Braun Intertec
VI. Estimated Actual Costs
VII. Fixed Fee (15% of Items I & II) Rounded
VIII. Maximum Amount Payable
$3,180.00
$197,495.52
$197,500.00
$27,400.00
$224,900.00
$29,100.00
$254,000.00
Exhibit B
Reconstruct Taxiway C/Runway 12/30 Pavement Joint Repair/Pavement Marking
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP Project No. 3-19-0094-045
Construction Related Services
Staff Hour Estimate
Item
No.
Description
Senior
Prof
Project
Prof
Staff
Prof
Prof
CADD
Operator II
CADD
Operator I
Senior
Technician
Technician
Project
Support
Totals
1
Assemble Construction Documents
4
4
4
12
2
Issued for Construction Project Documents
4
8
8
20
3
Pre -Construction Conference
4
4
4
12
4
Construction Surveying
24
24
48
5
Shop Drawings and Submittals
4
8
40
16
8
76
6
Construction Observation Program
4
8
8
8
28
7
Construction Assistance
8
4
4
4
8
28
8
Pay Applications and Reimbursements
2
4
8
8
22
9
Labor and Payroll Reports
32
32
10
Testing of Materials
2
4
8
14
11
Site Visits
24
24
16
64
12
Change Orders
4
8
4
2
18
13
Pre -Paving Conference
4
4
4
12
14
Construction Observation
900
300
1200
15
Weekly Construction Meetings
16
48
48
8
120
16
Weekly Construction Reports
40
40
80
17
Non -Compliance Reporting
4
4
8
18
Contractor Modifications
8
8
16
19
Project Files -
16
16
20
Daily Reports
4
24
18
44
21
Punch List
8
8
8
8
32
22
Final Review
8
8
8
24
23
Project Close-out
8
24
8
8
40
40
4
132
24
Record Drawings
2
24
24
24
74
25
Construction Administration
12
20
32
Total Construction Phase Services
104
182
128
52
48
24
1108
380
158
2164
EXHIBIT "C"
FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "BIDDER", AND "OFFEROR" SHALL
PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO
"SUBCONTRACTOR" SHALL PERTAIN TO ANY AND ALL SUBCONSULTANTS UNDER
CONTRACT WITH THE A/E.
ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE
STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS
WITH THE A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.326, 2 CFR § 200.333
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the
Sponsor, the Federal Aviation Administration, and the Comptroller General of the United Statesor any of
their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The contractor agrees to maintain all books, recordsand reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
CIVIL RIGHTS—GENERAL
Reference: 49 USC § 47123
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,sex, age,
or handicap be excluded from participating in any activity conducted with or benefitingfrom Federal
assistance.
This provision binds the contractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required of Title VI of the Civil Rights Act of1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which
Federal assistance is extended to the airport through the Airport Improvement Program, except where
Federal assistance is to provide, or is in the form of personal property; real property or interest therein;
structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the following periods:
(a) the period during which the property is used by the airport sponsor or any transferee for a purpose for
which Federal assistance is extended, or for another purpose involving the provision ofsimilar services or
benefits; or
(b) the period during which the airport sponsor or any transferee retains ownership or possession of the
property.
Page 1 of 12 Updated Jan 19, 2016
CIVIL RIGHTS —TITLE VI ASSURANCES
1) Title VI Solicitation Notice
Reference: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fairopportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an award.
2) Title VI Clauses for Compliance with Nondiscrimination Requirements
Reference: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted
Programs at the Federal Aviation Administration
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees asfollows:
a) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they maybe amended from
time to time, which are herein incorporated by reference and made a part of this contract.
b) Non-discrimination: The contractor, with regard to the work performed by it during thecontract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR part 21.
c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases ofequipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under this contract and the
Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
d) Information and Reports: The contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined bythe sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations,
and instructions. Where any information required of a contractor is inthe 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 setforth what efforts it has made to obtain
the information.
e) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited to:
i. Withholding payments to the contractor under the contract until the contractorcomplies; and/or
ii. Cancelling, terminating, or suspending a contract, in whole or in part.
Page 2 of 12 Updated Jan 19, 2016
f) Incorporation of Provisions: The contractor will include the provisions of paragraphs a) through f) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractorwill 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.
3) Title VI List of Pertinent Nondiscrimination Authorities
Reference: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted
Programs at the Federal Aviation Administration
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination
statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination
on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
• § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether
such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
Page 3 of 12 Updated Jan 19, 2016
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR part 26
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carryout applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than thirty (30) calendardays fromthe receipt
of each payment the prime contractor receives from the Sponsor. The prime contractoragrees further to
return retainage payments to each subcontractor within thirty (30) calendar days afterthe subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Sponsor. This clause applies to both
DBE and non -DBE subcontractors.
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq.
All contracts and subcontracts that result from this solicitation incorporate the following provisionsby
reference, with the same force and effect as if given in full text. The contractor has full responsibility to
monitor compliance to the referenced statute or regulation. The contractor must address any claims or
disputes that pertain to a referenced requirement directly with the U.S. Department of Labor —Wage and
Hour Division.
Page 4 of 12 Updated Jan 19, 2016
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 49 CFR part 20, Appendix A
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidderor offeror,
to any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Memberof Congress in
connection with the awarding of any Federal contract, the making of any Federalgrant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall completeand submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed whenthis transaction
was made or entered into. Submission of this certification is a prerequisite for makingor entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate the following provisions by
reference, with the same force and effect as if given in full text. The contractor has full responsibility to
monitor compliance to the referenced statute or regulation. The contractor must address any claims or
disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—
Occupational Safety and Health Administration.
RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II(F)
All rights to inventions and materials generated under this contract are subject to requirements and
regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
Page 5 of 12 Updated Jan 19, 2016
TRADE RESTRICTION CLAUSE
Reference: 49 CFR part 30
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries
that discriminate against U.S. firms published by the Office of the United States Trade Representative
(USTR);
b) has not knowingly entered into any contract or subcontract for this project with a person that isa
citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one
or more citizens or nationals of a foreign country on said list;
c) has not procured any product nor subcontracted for the supply of any product for use on the project
that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certifyto the
above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a
foreign country on said list for use on the project, the Federal Aviation Administration may direct through
the Sponsor cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in each contract and in all lower tier subcontracts. The
contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the
certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason
of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any
time it learns that its certification was erroneous by reason of changed circumstances.
This certification isa material representation of fact upon which reliance was placed when making the
award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Sponsor cancellation ofthe
contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subjectto prosecution
under Title 18, United States Code, Section 1001.
Page 6 of 12 Updated Jan 19, 2016
TEXTING WHEN DRIVING
(References: Executive Order 13513, and DOT Order3902.10)
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving"
(10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages
recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted
drivers, including policies to ban text messaging while driving when performing work related to a grant or
sub -grant.
The contractor must promote policies and initiatives for employees and other work personnelthat decrease
crashes by distracted drivers, including policies to ban text messaging while driving. The contractor must
include these policies in each third party subcontract involved on this project.
VETERAN'S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (except in executive, administrative, and supervisory positions), preference
must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49
United States Code, Section 47112. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
Page 7 of 12 Updated Jan 19, 2016
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix 11(8)
a) The Sponsor may, by written notice, terminate this contract in whole or in part at any time,either for
the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of
such notice services must be immediately discontinued (unless the notice directs otherwise) and all
materials as may have been accumulated in performing this contract, whether completed or in
progress, delivered to the Sponsor.
b) If the termination is for the convenience of the Sponsor, an equitable adjustment in thecontract price
will be made, but no amount will be allowed for anticipated profit on unperformed services.
c) If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may takeover the
work and prosecute the same to completion by contract or otherwise. In such case, the contractor is
liable to the Sponsor for any additional cost occasioned to the Sponsorthereby.
d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the
contractor had not so failed, the termination will be deemed to have been effected forthe
convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided
in paragraph 2 of this clause.
e) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and
remedies provided by law or under this contract.
Page 8 of 12 Updated Jan 19, 2016
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION (NON -PROCUREMENT)
References: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension& Debarment
Procedures & Ineligibility
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the
bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended
by any Federal department or agency from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: https://www.sam.gov.
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy,
including suspension and debarment.
Page 9 of 12 Updated Jan 19, 2016
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
BREACH OF CONTRACT TERMS
Reference 2 CFR § 200 Appendix II(A)
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessaryto
enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any
duties, obligations, rights and remedies otherwise imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
References: 49 CFR § 18.36(i)(12) and 2 CFR § 200 Appendix II(G) Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract or to benefit fromthe
contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et
seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
relating to inspection, monitoring, entry, reports, and information, as well as all other requirements
specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and
guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or subcontractor will notifythe
awarding official of the receipt of any communication from the EPA indicating that a facility to be used
for the performance of or benefit from the contract is under consideration to be listed onthe EPA List
of Violating Facilities;
4. To include or cause to be included in any construction contract or subcontract which exceeds
$100,000 the aforementioned criteria and requirements.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II (E)
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer ormechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not Tess than
one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract forthe District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
Page 10 of 12 Updated Jan 19, 2016
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess ofthe standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs)
through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection.
Page 11 of 12
Updated Jan 19, 2016
THIS PAGE INTENTIONALLY LEFT BLANK
Page 12 of 12 Updated Jan 19, 2016