HomeMy WebLinkAboutAECOM - FAA AIP -19-0094-046-2018 Terminal Apron - Phase 4-12/18/2017AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
RECONSTRUCT TERMINAL APRON - PHASE 4
REHABILITATE TERMINAL APRON - PHASE 3A
FAA AIP 3-19-0094-046-2018
WATERLOO REGIONAL AIRPORT (ALO)
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 on a cost plus fixed fee basis not -to -exceed Fifty -
Seven Thousand Eight Hundred Fifty Dollars ($57,850.00) without authorization of the Client. 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 Consultant 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 NE Agreements,
shall replace Exhibit B, Federal Provisions of the Professional Services Agreement.
APPROVED: APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By C _. :L_1 : � L -- 142 By
Quentin Hart, Mayor Douglas W. ' indel, P.E.
Associate Vice President
Date
Date December 8, 2017
AECOM
EXHIBIT A
SCOPE OF SERVICES
RECONSTRUCT TERMINAL APRON — PHASE 4
REHABILITATE TERMINAL APRON — PHASE 3A
FAA AIP 3-19-0094-046-2018
WATERLOO REGIONAL AIRPORT (ALO)
WATERLOO, IOWA
Project Description
The projects are described as the 1) Reconstruction of the Terminal Apron Phase 4 which
consists of reconstruction of the portion of the Terminal Apron between the airfield electrical
vault and Taxiway A and 2) Rehabilitation of the Airport Terminal Apron Phase 3A which
consists of resealing of pavement joints within the eastern -most section of the Terminal
Apron. Both projects are identified in the Waterloo Regional Airports Capital Improvement
Program.
It is anticipated that design and construction of this project will be funded in part with federal
funds received through the above -referenced Federal Aviation Administration (FAA) Airport
Improvement Program (AIP) grant.
II. Scope of Services
The work to be performed by ATS shall encompass and include detailed work, services,
materials, equipment and supplies necessary to provide preliminary design, develop final
plans, develop specifications, provide construction cost estimates, and provide bidding
services. Work shall be divided into the following tasks:
1. Pre -Design Conference. This task consists of a pre -design conference called by
the Sponsor and held between the Sponsor, ATS and the FAA. The pre -design
conference will be conducted by conference call. The purpose of this conference is
to discuss various items relating to design parameters, airport safety, routing of
aircraft and equipment, sequencing of construction operations, environmental
considerations and civil rights requirements. ATS will prepare and distribute an
agenda and the minutes of this meeting. The minutes will document the
requirements set forth in this pre -design conference. It is anticipated that the
project manager will be in attendance.
2. Data Collection and Review. This task consists of the collection of existing data
applicable to the section of the Phase 4 area of the Terminal Apron located
adjacent to the Airfield Lighting Vault and the Phase 3A area of the Terminal Apron
which forms the section of apron to the east of the terminal building and related to
the proposed work site. Record drawings of completed projects and utility
information will be compiled as background information for the project.
3. Subsurface Information. This task consists of completing pavement cores and
collection of subsurface soils data at four (4) locations in the Phase 4 Apron area
and two (2) pavement cores in the adjoining PCC Pavements. Subsurface
investigations shall be completed in accordance with:
a. Chapter 2 Soil Investigations and Evaluation of FM Advisory Circular
150/5320-6F, Airport Pavement Design and Evaluation:
AECOM
b. Appendix G Design of Subsurface Pavement Drainage Systems of FAA
Advisory Circular AC 150/5320-5D, Airport Drainage Design; and
c. FAA Central Region Airports Division's Supplemental Guidance for
Geotechnical Investigations and Reports.
4. Field Survey. This task consists of a field survey on the section of Phase 4 Apron
area to collect topographic information to locate existing pavement edges,
pavement marking, aircraft tie downs, drainage structures, drainageways, and other
horizontal and vertical data to assist in the preparation of the plans for the project.
Property surveys are not included in this task.
5. Base Mapping and Digital Terrain Model. This task consists of the preparation of a
project base map and digital terrain model prepared from the field survey and
record documents of completed projects for the project area.
6. Design Aircraft. This task consists of preparing an aircraft fleet mix and
determining the critical design aircraft to be used for the design of the section of
Phase 4 Apron area through coordination with the Sponsor, the Fixed Base
Operator and the FAA.
a. Aircraft operations data will be collected from the FM's Traffic Flow
Management System Counts (TFMSC) database of IFR operations over
the FY2013 to FY2017. This data will be evaluated to confirm with the
airport sponsor the aircraft types and number of operations by occasional
aircraft that use or are projected to use the Waterloo Regional Airport.
Data sources other than TFMSC will need to be reviewed and approved by
the FAA prior to use.
b. A list of design aircraft and number of operations that form the basis for the
pavement design and standard geometrics to reconstruct the apron will be
presented with the pavement design. The types of aircraft and total annual
operations should be consistent with the Reconstruct Taxiway C project's
aircraft fleet mix prepared under AIP Grant 3-19-0094-045-2017.
c. AC 150/5000-17, Critical Aircraft for Regular Use Determination, dated
6/20/2017, will be used to determine the design aircraft.
7. Pavement Design. This task consists of summarizing the pavement evaluation, the
determination of the design aircraft and reconstruction recommendations for the
Phase 4 Apron area pavement design, and preparation of the final pavement
design forms for the project. Alternative pavement designs will be completed for
rigid and flexible pavement sections. Life cycle costing will evaluate each
alternative to determine the most economic pavement section to use for
reconstruction of the apron pavement.
8. Preparation of Design Plans. This task consists of the preparation of the final
design plans for this project. Plans will be prepared in compliance with current FAA
requirements in effect at the time the plans are prepared. This task includes the
preparation of the following sheets:
1) Title Sheet
2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal
3) General Project Layout
4) Construction Safety and Operations Plan
5) Phasing Plan (Phase 1 — Taxiway A Open)
6) Phasing Plan (Phase 2 — Taxiway A Closed)
7) Phasing Details
8) Typical Sections (Existing and Proposed)
AECOM
9) Apron Existing Conditions, Boring Locations and Demo Plan, Including
Safety Areas
10) Apron Existing Conditions, Boring Locations and Demo Plan, Including
Safety Areas
11) Geometric Layout
12) Apron Grading and Drainage Plan
13) Apron Paving Plan with Supplemental Elevations
14) Apron Paving Plan with Supplemental Elevations
15) Paving Details
16) Tie Down Details
17) Apron Marking Plan
18) Apron Marking Plan
19) Apron Marking Details
20) Apron Cross Sections
21) Apron Cross Sections
22) Apron Cross Sections
23) Phase 3A Apron Joint Rehabilitation
9. Project Manual. This task consists of the preparation of the project manual for the
project. The technical specifications and corresponding contract documents will be
in compliance with current FM requirements in effect at the time the specifications
are prepared. Project manual will incorporate the most recent FM Central
Modifications to the standard technical specifications.
10. Construction Safety and Phasing Plans. This task consists of the preparation of a
separate Construction Safety and Phasing Plan (CSPP) in accordance with AIP
Sponsor Guide Section 960 and Advisory Circular 150/5370-2F. The draft CSPP
will be submitted to FAA for review. A final CSPP will be prepared and submitted
that will address comments received. The final CSPP will be included in the project
manual.
11. Airspace Submittal. This task consists of preparation and submittal of FAA 7460-1
forms electronically through the FAA's OEAAA website for permanent construction
points (e.g. limits/corners of the Phase 4 Apron construction) and temporary
construction items, including contractor's staging area, access routes and
construction equipment. Air space forms will be submitted during design phase of
project once element locations are defined in order for FAA determinations to be
received prior to anticipated construction start.
12. Estimate of Probable Construction Cost. This task consists of the preparation of a
detailed estimate of construction cost based upon the detailed plans and
specifications. This statement of probable construction cost prepared by ATS
represents ATS's best judgment as a design professional at the time the estimate is
drawn. It is recognized, however, that neither ATS nor the Sponsor has any control
over the cost of labor, materials or equipment; over the contractor's method of
determining bid prices; or over competitive bidding or market conditions.
Accordingly, ATS cannot and does not guarantee that bids will not vary from any
statement of Probable Construction Cost or other cost estimates prepared by ATS.
An update to the Capital Improvement Program (CIP) budget for the project will be
prepared as part of this task.
13. Engineer's Design Report. This task consists of the preparation of an Engineer's
Design Report in accordance with the AIP Sponsor Guide Section 920 effective at
the time of the agreement. This report will be submitted to the Sponsor and FAA
for review and comments. Responses will be provided to comments.
AECOM
14. Quality Review. This task consists of the quality review of work elements on the
project. During the course of this project, quality reviews will be conducted by
senior technical personnel that are not directly involved in the project. A quality
assurance review will be performed of the 30% and 90% deliverables prior to
submittal to the Sponsor and FAA for their review.
15. Conferences and Meetings. This task consists of conferences and meetings that
will be attended by ATS for the purpose of coordination with the Sponsor,
information exchange and general understanding of the status and direction of the
project. It is anticipated that an on-site field meeting will be held during design, and
a meeting will be held with the Sponsor around the time of the 90% submittal each
attended by two (2) AECOM design team members.
16. Bid Assistance. This task consists of assisting the Sponsor in advertising for and
receiving bids, attending the bid opening, analyzing the bids received, preparing a
recommendation to the Sponsor and FAA for award of contract. The following
documents will be provided as part of this task:
1) Letter of Recommendation
2) Tabulation of Bids (provided as PDF and Excel file)
3) Copies of the Proposals Received
4) DBE Participation — Letters of Intent
5) DBE Certification Forms
6) Buy American Certification
7) Single -Bid Analysis (if required)
17. Pre -Bid Conference. This task consists of one (1) AECOM team member attending
and conducting a Pre -Bid Conference at the project site for prospective bidders.
This task includes the preparation of an agenda, preparation and distribution of
minutes of the meeting.
18. Bid Document Interpretation. This task consists of answering bid document
interpretation questions from bidders, preparing and issuing any required addenda.
19. Grant Application. This task consists of assisting the Sponsor in preparation of
grant application which consists of the following parts/forms:
1) Part I - Form SF -424, Application for Federal Assistance
2) Parts II, III, and IV — FAA Form 5100-100, Application for Federal
Assistance (Development and Equipment Projects)
3) Applicable Sponsor Certifications for Development Projects (six total)
20. Design Administration. This task consists of office 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. This task includes preparation and submittal of the following:
1) 30% Submittal
a. FAA. One electronic copy of the 30% Engineer's Design Report
and one electronic copy of the half-size (11x17) set of the 30%
plans (anticipated to include existing conditions plans, preliminary
phasing plans, and aircraft parking layout plans). FAA will be
provided electronic copies as two separate Acrobat PDF files.
b. Sponsor. Two hard copies of the 30% Engineer's Design Report.
c. ATS. Two hard copies of the 30% Engineer's Design Report.
A=COM
2) 90% Submittal - Two Bid Packages
a. FAA. One electronic copy each of half-size (11x17) set of the 90%
plans, 90% project manual, and the 90% Engineer's Design Report
containing written responses to the 30% comments. FAA will be
provided electronic copies as three separate Acrobat PDF files.
b. Sponsor. Two sets of half-size plans, two copies of the project
manual and two copies of the Engineer's Design Report.
c. ATS. Two sets of half-size plans, two copies of the project manual
and two copies of the Engineer's Design Report.
3) Final Submittal
a. FAA. One electronic copy each of half-size (11x17) set of the final
plans, final project manual, and the final Engineer's Design Report
containing written responses to the 90% comments. FAA will be
provided with electronic copies as three separate Acrobat PDF
files.
b. Sponsor. Two copies of written responses to 90% comments and
two hard copies of the plans, project manual, project construction
cost estimate, project budget and revised Engineer's Design
Report.
c. ATS. Two copies of written responses to 90% comments and two
hard copies of the plans, project manual, project construction cost
estimate, project budget and revised Engineer's Design Report.
4) Issued for Bid Submittal
a. FAA. Electronic copies of the half-size (11x17) set of the Issued -
for -Bid Plans and the Issued -for -Bid Project Manual. FAA will be
provided with electronic copies as two separate Acrobat PDF files.
b. Sponsor. Two copies of the plans and project manual.
c. ATS. Twenty copies of the plans, project manual and proposal
forms to be provided to plan rooms and potential contractors and
suppliers.
03Administration AGREE\PROFALO Terminal Apron Phases 4 and 3A.doc
Reconstruct Terminal Apron - Phase 4
Rehabilitate Terminal Apron - Phase 3A
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-046
Engineering Services
Consultant Cost Summary
Direct Labor Cost
Category Hours Rate/Hour Amount
Senior Professional 56 $82.30 $4,608.80
Project Professional 0 $59.10 $0.00
Staff Professional 96 $46.70 $4,483.20
Professional 80 $35.80 $2,864.00
CADD Operator II 80 $33.90 $2,712.00
CADD Operator I 40 $26.80 $1,072.00
Senior Technician 16 $35.60 $569.60
Technician 16 $26.50 $424.00
Project Support 40 $31.00 $1,240.00
424
Exhibit B
$17,973.60
II. Payroll Burden and Overhead Costs 135.09% $24,280.54
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 2000 0.535 1,070.00
Per Diem 0 50.00 0.00
Lodging 0 90.00 0.00
B/W Copies 10,000 0.06 600.00
Color Copies 500 0.22 110.00
Plan Copier 100 0.50 50.00
EDM Equipment 16 12.50 200.00
GPS Equipment 8 25.00 200.00
Miscellaneous, Other 500.00
$2,730.00
IV. AECOM Estimated Actual Costs $44,984.14
Rounded $45,000.00
V. Subcontract Expense
Braun Intertec (Geotechnical) $6,550.00
VI. Estimated Actual Costs $51,550.00
VII. Fixed Fee (15% of Items I & II) Rounded $6,300.00
VIII. Maximum Amount Payable $57,850.00
Exhibit 8
Reconstruct Terminal Apron - Phase 4
Rehabilitate Terminal Apron - Phase 3A
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3.1941094.046
Engineering Services
Staff Hour Estimate
Item
No.
Description
Senior
Prof
Project
Prof
Staff
Prof
Prof
CADD
Operator it
GADD
Operator l
Senior
Technician
Technician
Project
Support
Totals
A
DESIGN PHASE
1 Pre -Design Conference
2
2
2 Data Collection and Review
4
4
8
3 Subsurface Information
0
4 Field Survey
6
16
16
38
5 Base Mapping 8 Digital Terrain Model
44
8
6 Design Aircraft2
4
6
7 Pavement Design
2
16
18
8 Preparation of Bid Documents
0
1) Title Sheet
2
2
2) Legend General Notes, Schedule of Drawings and Quantities, Engineers Seal
8
4
4
16
3) General Project Layout
4
4
8
4) Construction Safety and Operations8
4
4
16
5) Phasing Plan (Phase 1- Taxiway A Open)
4
4
4
12
6) Phasing Plan (Phase 2- Taxiway A Closed)
4
4
4
12
7) Phasinq Details
2
8
10
8) Typical Sections (Existing and Proposed)
2
4
6
9) Apron Existing Conditions, Boring Locations and Demo Plan. Including Safety Areas
1
4
5
10) Apron Existing Conditions, Boring Locations and Demo Plan Including Safety Areas
1
4
5
11) Geometric Layout
1
4
5
12) Apron Grading and Drainage Plan
44
8
13) Apron Paving Plan with Supplemental Elevations
1
4
5
14) Apron Paving Plan with Supplemental Elevations
1
4
5
15) Paving Details
1
4
5
16) Tie Down Details
2
4
6
17) Apron Marking Plan
2
2
4
18) Apron Marking Plan
22
4
19) Apron Marking Details
4
4
20) Apron Cross Sections
2
2
4
21) Apron Cross Sections
2
2
4
22) Apron Cross Sections
2
2
4
23) Phase 3A Apron Joint Rehabilitation
4
4
8
9 Project Manual
4
16
24
44
10 Construction Safety and Phasing Plan
12
12
11 Airspace Submittal
12
12
12 Estimate of Probable Construction Cost
2
8
8
18
13 Engineers Design Report
4
8
4
16
14 Quality Review
8
8
15 Conferences and Meetings8
4
12
16 Bid Assistance
8
8
16
17 Pre -Bid Conference
4
4
18 Bid Document Interpretation
4
4
8
19 Grant Application
4
4
20 Design Administration
16
16
32
Total Services
56
0
96
80
80
40
16
16
40
424
EXHIBIT C
FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER",
AND "OFFEROR" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E).
ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER TONTRACTOR" OR
"LOWER TIER CONTRACTOR"SHALL PERTAIN TO ANY SUBCONSULTANT 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 § 200.333, 2 CFR § 200.336, and FAA Order 510038
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, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
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 disability be excluded from participating in any activity conducted with or benefitingfrom Federal
assistance.
This provision binds the contractor and sub -tier contractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of
1964.
CIVIL RIGHTS —TITLE VI ASSURANCE
Reference: 49 USC § 47123 and FAA Order 1400.11
A) Title VI Solicitation Notice
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 tothis 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.
Page 1 of 10 Updated Oct 26, 2017
8) Title VI Clauses for 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 asfollows:
1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they maybe 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 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 Nondiscrimination Acts and
Authorities, including employment practices when the contract covers anyactivity, project, or program
set forth in Appendix B of 49 CFR part 21.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work tobe 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.
4) Information and Reports: The contractor will provide all information and reports required by the
Nondiscrimination Acts and Authorities, 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 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.
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 notlimited to:
a. Withholding payments to the contractor under the contract until the contractorcomplies; 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
Nondiscrimination Acts and Authorities, 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.
Page 2 of 10 Updated Oct 26, 2017
C) Title VI List of Pertinent Nondiscrimination 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 followingnon- discrimination
statutes and authorities; including but not limitedto:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination
on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether
such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 3 of 10 Updated Oct 26, 2017
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 thisprime
contract for satisfactory performance of its contract no later than thirty (30) calendar days 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.
ENERGY CONSERVATION REQUIREMENTS
Reference: 2 CFR § 200, Appendix II (H)
Contractor and each subcontractor agree to comply with mandatory standards and policies relating to
energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq.
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
The contractor/consultant has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor/consultant must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor — Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). 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.
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RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II (F) and 37 CFR 5401
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business
Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by
reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must
include this requirement in all sub -tier contracts involving experimental, developmental or research work.
SEISMIC SAFETY
Reference: 49 CFR part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard which provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests
conformance of the building design and the construction specifications with the seismic standards of
NEHRP or an equivalent building code.
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104 and 49 CFR part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
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 as published by the Office of the United States Trade
Representative (U.S.T.R.);
b) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the U.S.T.R; and
c) has not entered into any subcontract for any product to be used on the Federal on the project that
is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
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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 an Offeror or subcontractor:
a) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
b) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such U.S.T.R. list or
c) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in in all lower tier subcontracts. The contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract
or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor
and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632)
owned and controlled by disabled veterans. This preference only applies when there are covered veterans
readily available and qualified to perform the work to which the employment relates.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500
DISTRACTED DRIVING
Reference: 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), the 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 performingwork related to a grant or
sub -grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project. The
Page 6 of 10 Updated Oct 26, 2017
Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve
driving a motor vehicle in performance of work activities associated with the project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix II (B)
Termination for Convenience
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, 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.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination by Default
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.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure
of the Consultant to:
1) Perform the services within the time specified in this contract or by Owner approved extension;
2) Make adequate progress so as to endanger satisfactory performance of the Project;
3) Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
Page 7 of 10 Updated Oct 26, 2017
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of
the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the
Owner:
1) Defaults on its obligations under this Agreement;
2) Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3) Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant
for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5
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,
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 excludedor
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy,
including suspension and debarment.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
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 less 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
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 labove.
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, fromany monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4) Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1
through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor orlower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment; 2 CFR part 200, Appendix II (J); and 49 CFR
part 20, AppendixA
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his orher
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
Page 9 of 10 Updated Oct 26, 2017
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed 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.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
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
Reference: 2 CFR § 200 Appendix II (G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
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