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HomeMy WebLinkAboutAECOM - Construction Related Services Agmnt - AECOM 9.8.2020 PECOM AECOM 319-232- 1 tel 501 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 REMOVE TREES RECONSTRUCT WEST TERMINAL APRON CLEAN/RESEAL JOINTS EAST TERMINAL APRON CONSTRUCTION-RELATED SERVICES (CRS) FAA AIP NO.3-19-0094-046 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 Four Hundred Twenty- Five Thousand Five Hundred Dollars ($425,500.00). 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 Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated February 4, 2020. 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 NC. By�,�rnPv+ry �Y+ By 2"g , Quentin M. Hart, Mayor Douglas W. Schi e F_ ,Y.E. Associate Vice President Date_ 9/8/2020 Date August 17, 2020 AECOM Page 1 EXHIBIT A SCOPE OF SERVICES FOR CONSTRUCTION-RELATED SERVICES (CRS) RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 REMOVE TREES RECONSTRUCT WEST TERMINAL APRON CLEAN/RESEAL JOINTS EAST TERMINAL APRON WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP NO. 3-19-0094-046 I. Project Description This work is included in the 2020 FAA AIP Improvements at the Waterloo Regional Airport, Waterloo, Iowa. The project involves the following major construction elements: Reconstruct Taxiway B • Reconstruct Taxiway B from Runway 18/36 to the Taxiway A at the Terminal Apron including guidance signs, markings, and • Replace taxiway guidance signs in area of reconstructed Taxiway B with new LED signs • Replace taxiway edge lights in area of reconstructed Taxiway B with new LED lights • Permanent closure of Runway 6/24 with painted closure markings • Runway 6/24 temporary closure and removals associated with the construction of Taxiway B • Remove asphalt shoulders along Taxiway A and Taxiway B and construct unpaved shoulders Remove Trees • Clear trees in two wetland areas north of Dunkerton Road • Clear and grub trees north of Dunkerton Road and west of Runway 18/36 Reconstruct West Terminal Apron • Complete reconstruction of the western portion of the terminal apron • Aircraft tie downs on new apron area • Pavement marking Reconstruct drainage structures Clean/Reseal Joints East Terminal Apron • Pavement joint resealing on the eastern portion of the terminal apron The Taxiway B and tree removal portion of the project includes approximately 1,070 square yards of 8-inch Portland Cement Concrete pavement, 18,500 square yards of 13-inch Portland Cement Concrete pavement, 6,580 linear feet of subdrain, 10,200 square feet of pavement marking, a medium intensity taxiway lighting system, including replacement of lighted airfield guidance signs grading, surface restoration along the taxiway, six acres of tree clearing and 21 acres of tree clearing and grubbing. AECOM Page 2 The West Terminal Apron and resealing the joints on the East Terminal Apron portion of the project includes approximately 960 square yards of 10-inch Portland Cement Concrete pavement, 2,440 square yards of 12.5-inch Portland Cement Concrete pavement, 435 linear feet of subdrain, two catch basin adjustments, two new catch basins, 3,675 square feet of pavement marking and 4,950 linear feet of joint sealing. 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. 2. Issued for Construction Project Documents. This task consists of preparing eleven (11) 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"x 17"). 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 and 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. Preconstruction conference will be attended by the Project Manager, Construction Engineer and the Resident Project Representative. 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 AECOM Page 3 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. Reconstruct Taxiway B South of Runway 18/36 and Remove Trees a. Contractor's Safety Plan Compliance Document(SPCD) b. Embankment Material C. Silt Fence d. Subbase Course e. Crushed Aggregate Base Course f. Cement Treated Permeable Base Course g. Portland Cement Concrete Pavement h. Joint Sealant i. Runway and Taxiway Paint j. Reflective Media k. Reinforced Concrete Pipe I. Storm Sewer Catch Basin M. Pipe Underdrains n. Underdrain Cleanouts o. Seeding p. Topsoiling q. Mulching r. Light Fixtures S. Light Bases t. Connector Kits U. Heat Shrink Kits V. Fixture Tags W. Conduit X. Handholes y. Wire Z. Counterpoise Wire aa. Ground Rods bb. Exothermic Welds cc. Wire Tags dd. Guidance Signs ee. Structural Concrete Reconstruct West Terminal Apron and Reseal Joints East Terminal Apron a. Contractor's Safety Plan Compliance Document(SPCD) b. Subbase Course c. Crushed Aggregate Base Course d. Cement Treated Permeable Base Course e. Portland Cement Concrete Pavement f. Joint Sealant g. Runway and Taxiway Paint h. Reflective Media i. Aircraft Tie Down Anchors j. Storm Sewer Catch Basin k. Pipe Underdrains I. Underdrain Cleanouts 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 AECOM Page 4 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. It is anticipated that thirty on-site interviews for wage rate compliance will be conducted. 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 twelve (12) 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 detailed site visit memo shall be prepared summarizing the visit and submitted to the Sponsor. These site visits are separate from construction observation. 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 seventy (170) AECOM Page 5 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 22 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 the 22 weekly submittals of FAA Form 5370-1, Construction Progress and Inspection Report, to the Sponsor and FAA. Reports will be completed 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. 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. Project 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 AECOM Page 6 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. Airport Chart/Diagram Modification, Included in Previous Task Order h. Airport Part 139 Sign Plan, Included in Previous Task Order i. 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. O:\Administration\AGREE\PROF\ALO 2020 Twy B Apron Combined CRS.docx Exhibit B Reconstruct Taxiway B South of Runway 18/36 Reconstruct Taxiway C South of Runway 12/30 Remove Trees Reconstruct West Terminal Apron Clean/Reseal Joints East Terminal Apron Waterloo Regional Airport Waterloo, Iowa FAA AIP Project No. 3-19-0096-046 Construction Related Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 158 $91.25 $14,417.50 Project Professional 447 $65.90 $29,457.30 Staff Professional 264 $50.70 $13,384.80 Professional 84 $34.00 $2,856.00 CADD Operator II 80 $41.10 $3,288.00 CADD Operator 1 32 $23.95 $766.40 Senior Technician 1359 $40.00 $54,360.00 Technician 485 $27.70 $13,434.50 Project Support 260 $34.60 $8,996.00 $140,960.50 3169 II. Payroll Burden and Overhead Costs 131.94% $185,983.28 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 6200 0.575 3,565.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 5,000 0.06 300.00 Color Copies 1500 0.22 330.00 Plan Copier 150 0.50 75.00 EDM Equipment 96 12.50 1,200.00 GPS Equipment 24 25.00 600.00 Miscellaneous, Other 1,000.00 $7,070.00 IV. AECOM Estimated Actual Costs $334,013.78 Rounded $334,000.00 V. Subcontract Expense Braun Intertec $42,500.00 VI. Estimated Actual Costs $376,500.00 VII. Fixed Fee (15% of Items I & ll) Rounded $49,000.00 VIII. Maximum Amount Payable $425,500.00 Reconstruct Taxiway B South of Runway 18/36 Reconstruct Taxiway C South of Runway 12/30 Remove Trees Reconstruct West Terminal Apron Clean/Reseal Joints East Terminal Apron Waterloo Regional Airport Waterloo,Iowa FAA AIP Project No.3-19-0096-046 Construction Related Services Staff Hour Estimate Item Description Senior Project Staff CADD CADD Senior Project No. Prof Prof Prof Prof Operator II Operator I Technician Technician Support Totals 1 Assemble Construction Documents 4 2 6 2 Issued for Construction Project Documents 6 8 8 22 3 Pre-Construction Conference 4 6 4 14 4 Construction Surveying a. Set Project Control 7 10 10 27 b. Grade Checks 4 Times Bottom of 6/4.5 inch Aggregate Base 20 20 20 60 Top of 6 inch Aggregate Base 16 16 16 48 Top of 5 Inch Cement Treated Base 20 20 20 60 Top 13/12.5 Inch PCC 20 20 20 60 c. Grade Checks on Shoulder Grading 8 8 16 d. Check Light and Sign Locations 16 16 32 e. Prepare Spreadsheet for Grade Checks 6 6 f. As-Built Lights,Handholes,Signs,Pavement Markings,Tie Downs and Storm Sewer 15 15 30 g. Review Field Notes from Contractor 32 56 88 5 Shop Drawings and Submittals 8 24 56 40 8 136 6 Construction Observation Program 10 28 4 8 12 62 7 Construction Assistance 10 24 24 16 28 4 106 8 Pay Applications and Reimbursements 2 8 8 6 4 28 9 Labor and Payroll Reports 48 48 10 Testing of Materials 2 4 12 18 11 Site Visits 24 36 1 20 1 80 12 Change Orders 6 8 4 4 22 13 Pre-Paving Conference 6 8 4 18 14 Construction Observation 1020 340 1360 15 Weekly Construction Meetings 16 56 48 16 136 16 Weekly Construction Reports 28 48 48 124 17 Non-Compliance Reporting 6 6 12 18 Contractor Modifications 12 12 24 19 Project Files 32 32 20 Daily Reports 4 32 1 56 20 112 21 Punch List 8 12 1 8 4 32 22 Final Review 8 12 1 8 28 23 Project Close-out 10 32 16 4 32 6 100 24 Record Drawings 6 32 32 32 102 25 Construction Administration 56 64 120 Total Design Services 158 447 264 84 80 32 1359 485 1 260 1 3169 Exhibit C FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER", "OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB-TIER CONTRACTOR" 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 5100.38 The contractor must maintain an acceptable cost accounting system. The contractor agrees toprovide the Sponsor,the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of makingaudit, 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 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 onthe grounds of race, color, or national origin in consideration for an award. Page 1 of 11 Updated November 12, 2019 B) 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 thecontractor'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 withsuch 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 11 Updated November 12, 2019 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 following non-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. 2S2),(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 11 Updated November 12, 2019 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) 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 Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The 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. Page 4 of 11 Updated November 12, 2019 RIGHT TO INVENTIONS Reference: 2 CFR§ 200 Appendix II (F) and 37 CFR §401 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. TAX DELINQUENCY AND FELONCY CONVICTION Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) and DOT Order 4200.6 Certification -The applicant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Certification -The applicant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction means a conviction within the preceding twenty four(24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Page 5 of 11 Updated November 12, 2019 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. 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. Page 6 of 11 Updated November 12, 2019 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 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 Page 7 of 11 Updated November 12, 2019 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 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. Page 8 of 11 Updated November 12, 2019 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. 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 requireor 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 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 Page 9 of 11 Updated November 12, 2019 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 lowertier 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 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. P Page 10 of 11 Updated November 12, 2019 ROVISIONS 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. Page 11 of 11 Updated November 12, 2019