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HomeMy WebLinkAboutAECOM - passenger Boarding Bridge - 1.6.2025.4ECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com REPLACE AIRCRAFT PASSENGER BOARDING BRIDGE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 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 One Hundred Fifty -Eight Thousand Nine Hundred Dollars ($158,900.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated December 2, 2024. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By rdN 1� / l,ar DIGITALLY SIGNEN Quentin M. Hart, Mayor By%Celt yR. c A-ez l Michelle M. Sweeney, PE, PTO Associate Vice President Date Date December 6, 2024 AECOM Page 1 REPLACE AIRCRAFT PASSENGER BOARDING BRIDGE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 EXHIBIT A Project Description This project is the replacement of the only passenger aircraft boarding bridge at the Waterloo Regional Airport (Sponsor). The existing boarding bridge serves commercial service aircrafts utilizing the airport. The boarding bridge allows for passenger boarding of aircraft during various weather conditions, including the Iowa weather extremes of heat and freezing weather, without requiring passengers to traverse outside of the terminal building. The bridge provides a climate -controlled environment and provides access to passengers, including ones with disabilities. The existing boarding bridge is more than 20 years in age. This model of bridge is no longer in production by the boarding bridge manufacturer and replacement parts are not readily available. The new passenger boarding bridge will replace the existing bridge and will be comprised of a tunnel section with rotunda and telescoping bridge with conditioned air and a ground power unit. A portable passenger boarding bridge will be required during the replacement of the existing boarding bridge and is included in this project. It is anticipated that design and construction of this project will be funded in part with federal funds received through the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant. II. Scope of Services The work to be performed by AECOM Technical Services (ATS) shall encompass and include 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 is 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. The ATS Project Manager will be in attendance. 2. Data Collection and Review. This task consists of the collection of existing data applicable to this project 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. Design Charrette Meeting. This task consists of an on -site two (2) day design meeting to discuss and develop the following elements. AECOM Page 2 • Site Review of the Existing Passenger Boarding Bridge • Airside Geometric Review • Review and quantify airside geometric layout to verify consistency with design standards, including but not limited to: apron depth; service width; road to building clearances; aircraft nose, tail, and wingtip clearances; taxilane width; and object free areas. • Aircraft Movement Simulations • Develop aircraft arrival and departure simulations using AviPlan Airside Pro software to demonstrate aircraft movements in and out of Taxiway A and apron areas. The most critical aircraft in terms of length and wingspan will be used to confirm the movements and associated clearances for each gate. • Aircraft Jetblast Analyses • Conduct aircraft jetblast analysis using AviPlan Airside Pro software to illustrate the potential jetblast impacts on the taxilane, apron, and landside areas. Simulations will be developed using breakaway throttle and idle settings to demonstrate operational mitigation procedures. • Aircraft Fleet Mix and Design Aircraft • Develop the aircraft fleet mix and determining the critical design aircraft to be used for the design of this passenger boarding bridge through coordination with the Sponsor and the FAA. • Passenger Boarding Bridge Layout • Develop preferred layout and boarding bridge requirements. 4. Subsurface Information. This task will be completed by Braun Intertec, serving as a subconsultant to ATS. Subsurface information will be collected for design and construction of the proposed improvements in the area shown in Figure 1. • Prepare Geotechnical Report. A draft report for Sponsor and FAA review will be submitted. A final report will be submitted after addressing Sponsor and FAA comments. The report will be appended to the Engineer's Design Report. 5. Field Survey. This task will be completed by ATS. This task consists of a field survey to collect the following topographic information to assist in the preparation of the plans for the project: • Terminal Building Face and Door Elevations • Existing Passenger Boarding Bridge Layout • Pavement Markings • Location of Proposed Pavement Cores and Soil Borings • Other Horizontal and Vertical Data within the Survey Limits Property surveys are not included in this task. AECOM Page 3 6. Base Mapping. This task consists of the preparation of a project base prepared from the field survey and record documents of completed projects. 7. Preparation of Design Plans for Replacement of Aircraft Boarding Bridge. 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 with those sheets to be submitted at the 90% and final submittals: • Title Sheet • Legend, General Notes, Schedule of Drawings and Quantities, and Seals • General Project Layout • Construction Safety and Operations Plan • Apron Phasing Plans • Existing Typical Pavement Sections • Existing Conditions, Boring Locations and Demolition Plan • Geometric Layout • Structural Footing Details • Architectural Plan • Architectural Details • Apron Marking Plan • Pavement Marking Details • Electrical Plan • Electrical Details 8. Project Manual. This task consists of the preparation of the project manual. The technical specifications and corresponding contract documents will follow Advisory Circular (AC) 150/5370-10H. The project manual will be submitted electronically with "Track Changes" being shown for the 90% submittal. The final, bid set, of the project manual will have the "Track Changes" accepted. 9. Construction Safety and Phasing Plan. This task consists of the preparation of a separate Construction Safety and Phasing Plan (CSPP) in accordance with AIP Sponsor Guide Section 960 and AC 150/5370-2G. 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 submitted as a standalone PDF and included in an appendix of the project manual. 10. Airspace Submittal. This task consists of preparation and submittal of FAA 7460-1 forms electronically through the FAA's OEAAA website for temporary construction items, including contractor's staging area, access routes, work areas limits, and construction equipment. Airspace forms will be submitted during the design phase of the project once element locations are defined for FAA determinations and to be received prior to anticipated construction start. Prior to making the 7460-1 submittal, plans showing the study point shall be provided for FAA review. 11. Estimate of Probable Construction Cost. This task consists of the preparation of a detailed estimate of construction costs based upon the 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 control over the cost of labor, materials or equipment; over the contractor's method of determining bid AECOM Page 4 prices; or over competitive bidding or market conditions. Accordingly, ATS cannot and does not guarantee that bids will not vary from the statement of Probable Construction Cost or other cost estimates prepared by ATS. 12. Engineer's Design Report (EDR). This task consists of the preparation of an EDR in accordance with the AIP Sponsor Guide Section 920 effective at the time of the agreement. The EDR will be submitted to the Sponsor and FAA for review and comment at the 90% submittal. Written responses will be provided to the Sponsor and FAA addressing the comments. The EDR will consists of the following parts and sections: Part A — Overview of the Proposed Project 1. Purpose and Need 2. General Scope of Work 3. Project Schedule Part B — Existing Site Conditions 4. Existing Site Conditions 5. Utilities in the Work Area 6. Geotechnical Investigation 7. Fleet Mix Part C — Proposed Improvements 8. Design Standards 9. Geometric Improvements 10. Geotechnical Investigation 11. Pavement Markings 12. Miscellaneous Work Items 13. Overview of Construction Safety and Phasing 14. Notice of Proposed Construction for Airport Airspace Analysis 15. Sponsor Requested Modifications to Standards Part D — Airport Documentation (N/A) Part E — Project Financials 16. Delineation of AIP Non -Participating Work 17. Project Budget 18. Engineers Estimate of Probable Construction Cost 19. DBE Participation Appendices 13. Quality Review. This task consists of the quality review of work elements on the project. During this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. QC reviews shall be conducted on submittals and comments addressed prior to submitting to the Sponsor and FAA. 14. 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. ATS will prepare agendas and minutes for formal meetings. AECOM Page 5 15. Bid Assistance. This task consists of assisting the Sponsor in advertising for bids, conducting the bid opening on -site, providing answers and interpretation of the bid documents to questions from bidders, analyzing the bids received, and preparing a recommendation of award to the Sponsor. The following documents will be provided to the FAA as part of this task: • Pre -Bid Conference Agenda and Minutes • Addenda • Tabulation of Bids, Spreadsheet and PDF • Bid Proposal Form and Surety's POA • BA Certification Forms • DBE Utilization Statement, Letter of Intent Form, and Certification by State DOT or GFE documentation if no DBE participation proposed • ATS Analysis of Bids and Recommendation of Award Letter to Sponsor • Sponsor's Recommendation of Award Letter to FAA (prepared by Sponsor) 16. Grant Application. This task consists of assisting the Sponsor in preparation of the AIP grant application in accordance with ARP SOP 6.00 and includes the following elements: • SF-424, Application for Federal Assistance • Form 5100-100 (Parts II, III, and IV) • Project Cost Breakdown • Project Sketch • Sponsor Certifications (six total) The grant application is due to the FAA no later than April 1, 2025. AECOM makes no representations or warranties that the deliverables and services will be successful in receiving a grant or funding. AECOM shall not be liable for failing to identify, manage, or coordinate submittals or applications to grants or funding opportunities. 17. 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 Responses to Review Comments of the 90% Submittal. The FAA and Sponsor will receive PDF and Word version of the Responses to Review Comments of the 90% Submittal. L:\Secure_DCS\Administration\AGREE\PROFWLO Replace Aircraft Passenger Boarding Bridge.doc Replace Aircraft Passenger Boarding Bridge Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-2025 Engineering Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 56 $97.35 $5,451.60 Project Professional 340 $77.95 $26,503.00 Staff Professional 180 $59.15 $10,647.00 Professional 56 $37.60 $2,105.60 CADD Operator II 108 $38.35 $4,141.80 CADD Operator I 108 $23.35 $2,521.80 Senior Technician 8 $47.20 $377.60 Technician 8 $35.45 $283.60 Project Support 88 $43.00 $3,784.00 952 II. Payroll Burden and Overhead Costs III. Direct Project Expenses 125.50% Category Units Rate/Unit Amount Mileage 2000 0.670 1,340.00 Air Fare 2 700.00 1,400.00 Per Diem 4 60.00 240.00 Lodging 4 110.00 440.00 Rental Car 2 70.00 140.00 B/W Copies 3,000 0.06 180.00 Color Copies 500 0.22 110.00 Plan Copier 100 0.50 50.00 EDM Equipment 4 15.00 60.00 GPS Equipment 4 15.00 60.00 Miscellaneous, Other 750.00 IV. AECOM Estimated Actual Costs Rounded V. Subcontract Expense Braun Intertec - Testing Services VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable Exhibit B $55,816.00 $70,049.08 $4,770.00 $130,635.08 $130,600.00 $9,400.00 $140,000.00 $18,900.00 $158,900.00 Exhibit B Replace Aircraft Passenger Boarding Bridge Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-2025 Engineering Services Staff Hour Estimate Item No. Description Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Pre -Design Conference 4 4 2 Data Collection and Review 8 8 8 8 32 3 Design Charrette Meetings (2) 16 120 16 152 4 Subsurface Information 2 2 5 Field Survey 8 8 16 6 Base Mapping 16 16 7 Preparation of Design Plans for Replacement of Aircraft Boarding Bridge 0 a. Title Sheet 2 2 b. Legend, General Notes, Schedule of Drawings and Quantities, Seals 8 4 4 16 c. General Project Layout 8 12 8 28 e. Construction Safety and Operations Plan 8 8 12 28 d. Apron Phasing Plans 4 8 12 16 40 f. Existing Typical Pavement Sections 4 4 8 a. Existing Conditions, Boring Locations and Demo Plan 2 8 10 b. Geometric Layout 8 8 16 a. Structural Footing Details 16 8 24 b. Architectural Plan 8 8 a. Architectural Details 8 8 16 b. Apron Marking Plan 8 8 24 40 a. Pavvement Marking Details 2 2 b. Electrical Plan 24 8 16 48 a. Electrical Details 8 8 16 8 Project Manual 80 40 40 160 9 Construction Safety and Phasing Plan 8 16 8 8 40 10 Airspace Submittal 8 4 12 11 Estimate of Probable Construction Costs 2 16 8 26 12 Engineer's Design Report 2 16 16 8 8 50 13 Quality Review 8 0 8 14 Conferences and Meetings 4 16 20 15 Bid Assistance 4 40 16 8 68 16 Grant Application 4 4 17 Design Administration 16 24 40 Total Design Services 56 340 180 56 108 108 8 8 88 952 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. PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS 3 CIVIL RIGHTS — GENERAL 3 CIVIL RIGHTS — TITLE VI ASSURANCES 3 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT 6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 6 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 6 RIGHT TO INVENTIONS 6 SEISMIC SAFETY 7 TAX DELINQUENCY AND FELONY CONVICTIONS 7 TRADE RESTRICTION CERTIFICATION 7 VETERAN'S PREFERENCE 8 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING 9 EQUAL EMPLOYMENT OPPORTUNITY (EEO) 9 PROHIBITION OF SEGREGATED FACILITIES 10 TERMINATION OF CONTRACT 11 Page 1 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION 12 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 14 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL 15 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS 15 DISADVANTAGED BUSINESS ENTERPRISE 15 Page 2 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.334 2 CFR § 200.337 FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, 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 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 In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS — TITLE VI ASSURANCES Reference: 49 USC § 47123 FAA Order 1400.11 Title VI Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); Page 3 of 18 Updated May 24, 2023 • 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 USC § 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 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (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 (42 USC § 12101, et seq) (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) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 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 (ensures nondiscrimination 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. 74087 (2005)]; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Nondiscrimination Requirements / Title VI Clauses for Compliance Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be Page 4 of 18 Updated May 24, 2023 amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 5 of 18 Updated May 24, 2023 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Reference: 2 CFR § 200, Appendix II(K) 2 CFR § 200.216 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq 2 CFR § 200.430 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, 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 has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this 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. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer 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 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR Part 200, Appendix II(F) 37 CFR Part 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 37 CFR § 401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental, or research work. Page 6 of 18 Updated May 24, 2023 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 that 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 FELONY CONVICTIONS Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent appropriations acts DOT Order 4200.6 — Appropriations Act Requirements for Procurement and Non - Procurement Regarding Tax Delinquency and Felony Convictions The Contractor certifies: 1) 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. 2) It is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction is 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 USC § 3559. The Contractor agrees to incorporate the above certification in all lower tier subcontracts. TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 49 CFR Part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: 1) 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 (USTR); 2) 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 USTR; and Page 7 of 18 Updated May 24, 2023 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC § 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: 1) 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 USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR 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 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 USTR, 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 (FAA) 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 USC § 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. Page 8 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING Reference: Executive Order 13513 DOT Order 3902.10 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 Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. 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 $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. EQUAL EMPLOYMENT OPPORTUNITY (EEO) Reference: 2 CFR Part 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 Equal Opportunity Clause During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in (3) Page 9 of 18 Updated May 24, 2023 response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7) PROHIBITION OF SEGREGATED FACILITIES Reference: 2 CFR Part 200, Appendix II(C) 41 CFR Part 60-1 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact Page 10 of 18 Updated May 24, 2023 segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. TERMINATION OF CONTRACT Reference: 2 CFR Part 200, Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 Termination for Convenience (Professional Services) 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 for Cause (Professional Services) 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 seven (7) days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause 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; or 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 Page 11 of 18 Updated May 24, 2023 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 for cause 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 one hundred eighty (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 Consultant 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 B) 2 CFR Part 200, Appendix II(H) 2 CFR Part 1200 DOT Order 4200.5 Executive Orders 12549 and 12689 Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Page 12 of 18 Updated May 24, 2023 Certification of Lower Tier Contractors Regardinq Debarment The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must confirm 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: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR Part 200, Appendix II(E) 2 CFR § 5.5(b) 40 USC § 3702 40 USC § 3704 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 or mechanic, 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 at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty 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) of this clause, 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 for the 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) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner 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 moneys payable on account of work performed by the contractor or subcontractor under any Page 13 of 18 Updated May 24, 2023 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) of this clause. 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 or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 USC § 1352 — Byrd Anti -Lobbying Amendment 2 CFR Part 200, Appendix 11(1) 49 CFR Part 20, Appendix A Certification Regarding Lobbying The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the 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, subgrants, 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 when this transaction was made or entered into. Submission of this certification is a prerequisite for making or 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. Page 14 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR Part 200, Appendix II(G) 42 USC § 7401, et seq 33 USC § 1251, et seq Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 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. The Contractor must include this requirement in all subcontracts that exceed $150,000. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 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 necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR Part 26 Solicitation Language (Solicitations that include a Contract Goal) Bid Information Submitted as a matter of responsiveness: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; Page 15 of 18 Updated May 24, 2023 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Bid Information submitted as a matter of bidder responsibility: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Prime Contracts (Contracts Covered by a DBE Program) Contract Assurance (49 CFR § 26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out 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 Page 16 of 18 Updated May 24, 2023 result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (49 CFR § 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 from the receipt of each payment the prime contractor receives from Owner. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days after the 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 Owner. This clause applies to both DBE and non -DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to the above Solicitation Language (Solicitations that include a Contract Goal) section (or an approved substitute DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Owner. Unless the Owner's consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Owner may provide such written consent only if the Owner agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Owner, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a response period shorter than five days. In addition to post -award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. Page 17 of 18 Updated May 24, 2023 This Page Intentionally Left Blank Page 18 of 18 Updated May 24, 2023