HomeMy WebLinkAboutAECOM - Rehabilitate Runway Project - 1.6.2025AECOM
REHABILITATE RUNWAY 18/36
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
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
Compensation for services for this project shall be a cost-plus fixed fee not to exceed Four Hundred
Twenty -Five Thousand Nine Hundred Dollars ($425,900.00). 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. CATS") and the City of Waterloo ("Client") dated
December 2, 2024.
APPROVED: APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By 62000J/Zi%�Z r DIGITALLY By eC%Su'LI.0 %y�� G /%GCCi7
SIGNED
Quentin M. Hart, Mayor Michelle M. Sweeney, PE, PT
Associate Vice President
1/6/2025
Date Date December 6, 2024
AECOM
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REHABILITATE RUNWAY 18/36
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
FAA AIP 3-19-0094-0XX-2025
EXHIBIT A
Project Description
The project is described as the Rehabilitation of Runway 18/36 inside and outside of the
limits of the Runway 12/30 Runway Safety Area and concrete pavement area on Runway
18/36 at the Waterloo Regional Airport, Waterloo, Iowa. The project will provide separate
bidding documents for the projects as described below:
Project 1
Project 2
Rehabilitate Portions of Runway 18/36 Outside the Runway
12/30 Safety Area (375 ft. x 150 ft. and 885 ft. x 150 ft.)
Rehabilitate Portion of Runway 18/36 Inside the Runway
12/30 Safety Area (285 ft. x 150 ft. and 285 ft. x 150 ft.) and
Rehabilitate Portion of Runway 12/30 Inside the Runway
18/36 Safety Area (725 ft. x 150 ft.)
The rehabilitation of this section of runway will depend on the results and recommendations
of the geotechnical and non-destructive testing. For Project 1, it is anticipated that the
pavement rehabilitation will be accomplished by grooving and marking of the Runway 12/30
Safety Area. For Project 2, it is anticipated that the rehabilitation will be accomplished by
reconstruction of this section with Portland cement concrete pavement or asphalt pavement
with grooving and marking of the entire length of Runway 18/36.
It is anticipated that design and construction of these projects 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 ATS shall encompass and include work, services, materials,
equipment and supplies necessary to provide preliminary design, final plans, specifications,
construction cost estimates, and 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.
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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, 2017 Pavement Management Report, and utility information
will be compiled as background information for the project.
3. Subsurface Information. This task will be completed by Braun Intertec, serving as a
subconsultant to ATS, in accordance with AC 150/5320-6G. Pavement cores and
soil boring will be taken within the following three areas as described below with the
total number of explorations summarized in Table 1. Pavement core locations may
be adjusted slightly in coordination with Falling Weight Deflectometer (FWD)
testing. Actual pavement core locations will be captured by the topographic
survey. In general, soil borings will be taken at every other pavement core location.
a. Runway 18/36 North of Runway 12/30. The first pavement core will begin at
approximately 50 feet north of the edge of Runway 12/30, and additional
pavement cores spaced at approximately every 200 feet thereafter for a total
of five pavement cores over 850 feet.
With this layout, two of the pavement cores will be inside the Runway 12/30
Safety Area.
At least one pavement core will be field adjusted over a crack in the
pavement.
The last pavement core will be within the concrete (white top) area of Runway
12/30.
b. Runway 18/36 South of Runway 12/30. The first pavement core will begin at
approximately 50 feet south of the edge of Runway 12/30, and additional
pavement cores spaced at approximately every 200 feet thereafter for a total
of seven pavement cores over 1,250 feet.
With this layout, two of the pavement cores will be inside the Runway 12/30
Safety Area.
At least three pavement cores will be field adjusted over cracks in the
pavement.
The last pavement core will be within the concrete (white top) area of Runway
12/30.
c. Runway 12/30. The first pavement core will begin at approximately 50 feet
north of the Taxiway C centerline, and additional pavement cores spaced at
approximately every 200 feet thereafter for a total of five pavement cores over
850 feet.
Table 1- Pavement and Soil Sampling and Laboratory Testing
Item
Runway
18/36
North
Runway
18/36
South
Runway
12/30
Total
Pavement Cores
5
7
5
17
Soil Borings (at every other pavement core)
3
4
3
10
Laboratory Testing of Soil Borings
Atterberg Limits (ASTM D4318)
3
4
3
10
Liquid Limits and Plasticity Index
3
4
3
10
Hydrometer —Sieve Analysis (ASTM D422)
3
4
3
10
Moisture Content
6
8
6
20
Moisture Density Relationship (ASTM D1557 Modified)
1
2
3
6
California Bearing Ratio (ASTM D1883)
1
2
3
6
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APPROXIMATE
LIMITS OF SURVEY
d. Prepare Geotechnical Report. Submit a draft report for Sponsor and FAA
review. The report will be appended to the Engineer's Design Report. Submit
a final report after addressing Sponsor and FAA comments.
APPROXIMATE
LIMITS OF SURVEY
3
-RSA
TAXIWAY
TOFA-
LEGEND:
• PAVEMENT CORE
• SOIL BORING
FIGURE 1 — GEOTECHNICAL INVESTIGATION AND SURVEY LIMITS
4. Non -Destructive Testing
Deflection testing will be completed on Runway 18/36 within the runway asphalt
pavement limits and on Runway 12/30 within the Runway Safety Area of Runway
18/36. Deflection testing data (in conjunction with pavement layer thickness
information) will be used to back calculate material properties of the subgrade and
pavement layers for each pavement section using appropriate analysis methods for
rigid pavements. Data analysis will include an assessment of the normalized
deflections directly under the load plate, back calculation of pavement layer and
subgrade modulus values, and determination of transverse joint Load Transfer
Efficiency (LTE) for the concrete pavement sections. Results will be presented in
both tabular and graphical format. Variance in subgrade support can identify areas
that may need additional work during construction (e.g., undercutting and
replacement or stabilization), and in -place properties of the pavement layers can
assist with deciding whether existing layers could be re -used in rehabilitation
designs for specific sections of the taxiways. Similarly, transverse joint LTE results
provide insight into suitability of certain rehabilitation methods, including asphalt
pavement repairs or an asphalt overlay. Pavement layer and subgrade inputs for
use in rehabilitation designs will be recommended.
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:
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• existing survey control network;
• existing pavement edges, pavement type, and pavement joint intersections
for PCC pavement;
• edge lights, guidance signs;
• drainage structures and drainage ways;
• pavement markings;
• location of proposed pavement cores and soil borings; and
• other horizontal and vertical data within the survey limits.
Cross sections of Runway 18/36 and Runway 12/30 will be collected every 50 feet
out to at least the Object Free Area. Property surveys are not included in this task.
Figure 1 depicts the field survey limits.
6. Base Mapping and Digital Terrain Model. This task consists of the preparation of a
project base map and digital terrain model prepared from the field survey and
record documents of completed projects.
7. Aircraft Fleet Mix and Design Aircraft - This task consists of developing the aircraft
fleet mix and determining the critical design aircraft to be used for the design of
these projects through coordination with the Sponsor and the FAA.
a. As part of this task, data from the FAA's Traffic Flow Management System
Counts (TFMSC) database of Instrument Flight Rules (IFR) operations
spanning the most recent 5-year period will be obtained.
b. A list of aircrafts and number of operations conducted by those aircrafts
(the aircraft fleet mix) will form the basis of the pavement design.
c. The most current version of FAA AC 150/5000-17 Critical Aircraft and
Regular Use Determination will be used to define the design aircraft.
8. Pavement Design. This task consists of summarizing the pavement evaluation and
reconstruction recommendations for the runway pavement designs, and
preparation of the final pavement design forms (generated from the FAA's
pavement design software FAARFIELD, version 2.0.7) for the projects. Alternative
pavement designs will be completed for rigid and flexible pavement sections for
Project 1 and flexible pavement sections for Project 2. Life cycle costing will
evaluate each alternative to determine the most economic pavement section(s) to
use for rehabilitation of the runway pavements.
9. Preparation of Design Plans. This task consists of the preparation of the final
design plans. 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 30% noted with an
asterisk and sheets to be submitted at the 90% and Final submittals:
Project 1 Rehabilitate Portions of Runway 18/36 Outside the Runway 12/30
Safety Area (375 ft. x 150 ft. and 885 ft. x 150 ft.)
1) Title Sheet*
2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal
3) General Project Layout*
4) Construction Safety and Operations Plan*
5) Phasing Plan (Phase 1 — Runway 18/36 Closure) *
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6) Typical Sections
7) Pollution Prevention Plan
8) Sediment and Erosion Control Plan (2 Sheets)
9) Sediment and Erosion Control Details
10) Existing Conditions, Boring Locations and Demo Plan*
11) Existing Conditions, Boring Locations and Demo Plan*
12) Geometric Layout*
13) Runway Grading and Drainage Plan (2 Sheets)
14) Runway Plan and Profile* (2 Sheets)
15) Pavement Repair Details
16) Runway Grooving Plan and Details
17) Runway Supplemental Elevations (2 Sheets)
18) Runway Marking Plan (2 Sheets)
19) Runway Marking Details
20) Runway Cross Sections (5 Sheets)
Project 2 Rehabilitate Portion of Runway 18/36 Inside the Runway 12/30
Safety Area (285 ft. x 150 ft. and 285 ft. x 150 ft.) and Rehabilitate Portion of
Runway 12/30 Inside the Runway 18/36 Safety Area (725 ft. x 150 ft.)
1) Title Sheet*
2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal
3) General Project Layout*
4) Construction Safety and Operations Plan*
5) Phasing Plan (Phase 1 — Airfield Closure) *
6) Typical Sections
7) Pollution Prevention Plan
8) Sediment and Erosion Control Plan
9) Sediment and Erosion Control Details
10) Existing Conditions, Boring Locations and Demo Plan*
11) Geometric Layout*
12) Runway Grading and Drainage Plan
13) Runway Grading and Drainage Plan
14) Runway Plan and Profile* (2 Sheets)
15) Pavement Repair Details
16) Runway Grooving Plan and Details
17) Runway Supplemental Elevations (2 Sheets)
18) Runway Marking Plan
19) Runway Marking Details
20) Runway Cross Sections (3 Sheets)
10. Project Manuals. This task consists of the preparation of the project manuals for
Project 1 and Project 2. The technical specifications and corresponding contract
documents will be in compliance with 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 "Track
Changes" accepted.
11. Construction Safety and Phasing Plan. This task consists of the preparation of a
separate Construction Safety and Phasing Plans (CSPP) in accordance with AIP
Sponsor Guide Section 960 and AC 150/5370-2G. Separate CSPPs will be
prepared for Project 1 and Project 2. The draft CSPPs will be submitted to FAA for
review. Final CSPPs will be prepared and submitted that will address comments
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received. The final CSPPs will be submitted as a stand-alone PDF and included in
an appendix of the project manuals.
12. Airspace Submittals. 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 design phase of
project once element locations are defined for FAA determinations 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. Separate Airspace
Submittals will be completed for Project 1 and Project 2.
13. Estimate of Probable Construction Cost. This task consists of the preparation of a
detailed estimate of construction costs based upon the detailed plans and
specifications.
This statement of Probable Construction Cost prepared by ATS represents ATS's
best judgment as a design professional at the time the estimate is drawn. It is
recognized, however, that neither ATS nor the Sponsor has any control over the
cost of labor, materials or equipment; over the contractor's method of determining
bid prices; or over competitive bidding or market conditions. Accordingly, ATS
cannot and does not guarantee that bids will not vary from any statement of
Probable Construction Cost or other cost estimates prepared by ATS.
14. 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. A single combined EDR will be completed to include Project 1 and
Project 2. The EDR will be submitted to the Sponsor and FAA for review and
comment at 30% and 90%. Written responses will be provided to Sponsor and
FAA 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. Drainage Improvements
11. Geotechnical Investigation
12. Pavement Subdrains
13. Pavement Design
14. Pavement Markings
15. Airfield Signage
16. Airfield Lighting
17. NAVAIDs
18. Miscellaneous Work Items
19. Overview of Construction Safety and Phasing
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20. Notice of Proposed Construction for Airport Airspace Analysis
21. Sponsor Requested Modifications to Standards
Part D — Airport Documentation
22. Update Airport Master Record (FAA Form 5010-1)
23. Update Airport Layout Plan Set
24. Update Airport Diagram
25. Update Airport Part 139 Sign and Marking Plan
Part E — Project Financials
26. Life Cycle Cost Analysis
27. Delineation of AIP Non -Participating Work
28. Project Budget
29. Engineers Estimate of Probable Construction Cost
30. DBE Participation
Appendices
15. Quality Reviews. 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 for Project 1 and Project 2 with comments addressed prior
to submitting to the Sponsor and FAA.
16. 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.
17. 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. Bid assistance will be provided for
Project 1 and Project 2 which will be separate bids. The following documents will be
provided to the FAA as part of this task:
1) Pre -Bid Conference Agenda and Minutes
2) Addenda
3) Tabulation of Bids, Spreadsheet and PDF
4) Bid Proposal Form and Surety's Power of Attorney
5) BA Certification Forms
6) DBE Utilization Statement, Letter of Intent Form, and Certification by State
DOT or Good Faith Effort documentation if no DBE participation proposed
7) ATS Analysis of Bids and Recommendation of Award Letter to Sponsor
8) Sponsor's Recommendation of Award Letter to FAA (prepared by Sponsor)
18. Grant Application. This task consists of assisting the Sponsor in preparation of the
AIP grant application in accordance with ARP SOP 6.00 that will consist of the
following elements:
1) SF-424, Application for Federal Assistance
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2) Form 5100-100 (Parts II, III, and IV)
3) Project Cost Breakdown
4) Project Sketch
5) Sponsor Certifications (six total)
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.
The grant application is due to the FAA no later than April 1, 2025.
19. Design Administration. This task consists of office administration and coordination
of the project. Interoffice meetings, general day-to-day administrative
responsibilities, and typing of interoffice memoranda and minutes of meetings are
included in this task. This task includes preparation and submittal of the following
for Project 1 and Project 2:
Plans
Project Manual
EDR
CSPP
Submittal
Organization
Full
SizePD
22 x
34"
Hz lf
Sizee
11 x
17"
11 x
17„
Hard
Copy
PDF
Hard
Copy
PDF
PDF
30%
FAA
PDF
PDF
Sponsor
2
PDF
2
PDF
ATS
2
PDF
2
PDF
90%
FAA
PDF
PDF
PDF
PDF
Sponsor
2
PDF
2
PDF
2
PDF
PDF
ATS
2
PDF
2
PDF
2
PDF
PDF
Final
FAA
PDF
'
PDF
PDF
PDF
Sponsor
2
PDF
2
PDF
2
PDF
PDF
ATS
2
PDF
2
PDF
2
PDF
PDF
Issued
for Bid
FAA
PDF
PDF
PDF
Sponsor
2
PDF
2
PDF
PDF
ATS
2
PDF
2
PDF
PDF
Plans
Rooms
4
4
Bidders
14
14
Total Hard Copies
18
16
30
12
EDR - Engineer's Design Report
CSPP - Construction Safety and Phasing
Plan
HC - Hard Copy
PDF - Adobe Acrobat
Format
• The FAA and Sponsor will receive PDF and Word version of the Responses to Review
Comments for the 30% and 90% Submittals
L:\Secure_DCS\Administration\AGREE\PROF\ALO TO#2 Runway 18-36 Rehabilitation .doc
Rehabilitation Runway 18/36
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-0XX-202E
Engineering Services
Consultant Cost Summary
Direct Labor Cost
Exhibit B
Category Hours Rate/Hour Amount
Senior Professional 140 $97.35 $13,629.00
Project Professional 336 $77.95 $26,191.20
Staff Professional 782 $59.15 $46,255.30
Professional 648 $37.60 $24,364.80
CADD Operator II 164 $38.35 $6,289.40
CADD Operator I 540 $23.35 $12,609.00
Senior Technician 80 $47.20 $3,776.00
Technician 80 $35.45 $2,836.00
Project Support 192 $43.00 $8,256.00 $144,206.70
2962
Payroll Burden and Overhead Costs 125.50% $180,979.41
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 4000 0.670 2,680.00
Air Fare 0 700.00 0.00
Per Diem 0 60.00 0.00
Lodging 0 110.00 0.00
Rental Car 0 70.00 0.00
B/W Copies 20,000 0.06 1,200.00
Color Copies 5,000 0.22 1,100.00
Plan Copier 100 0.50 50.00
EDM Equipment 40 15.00 600.00
GPS Equipment 24 15.00 360.00
Miscellaneous, Other 2000 2,000.00
IV. AECOM Estimated Actual Costs
Rounded
V. Subcontract Expense
ARA - HWD Testing
Braun Intertec - Testing Services
VI. Estimated Actual Costs
VII. Fixed Fee (15% of Items I & II) Rounded
VIII. Maximum Amount Payable
$7,990.00
$333,176.11
$333,200.00
$29,900.00
$14,000.00
$377,100.00
$48,800.00
$425,900.00
Exhibit B
Rehabilitation Runway 18/36
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
8
40
3
Subsurface Information (Braun Intertec)
8
8
4
Non -Destructive Testing
4
16
16
36
5
Field Survey
40
80
80
200
6
Base Mapping & Digital Terrain Model
4
24
40
24
24
116
7
Aircraft Fleet Mix and Design Aircraft
4
8
24
24
60
8
Pavement Design
8
8
40
40
96
9
Preparation of Design Plans
Project 1 (Outside Runway 12/30 Runway Safety Area)
1) Title Sheet
2
2
2) Legend, General Notes, Schedule of Drawings and Quantities, Seal
8
8
8
8
32
3) General Project Layout
8
12
8
28
4) Construction Safety and Operations Plan
8
8
12
28
5) Phasing Plan (Phase 1- Runway 18/36 Closure)
4
8
12
16
40
6) Typical Sections
4
8
8
20
7) Pollution Prevention Plan
8
8
8
24
8) Sediment and Erosion Control Plan
4
8
8
8
28
9) Sediment and Erosion Control Plan
4
8
8
8
28
10) Sediment and Erosion Details
8
8
16
11) Existing Conditions, Boring Locations and Demo Plan
2
8
10
12) Existing Conditions, Boring Locations and Demo Plan
2
8
10
13) Geometric Layout
8
8
12
28
14) Runway Grading and Drainage Plan
40
16
8
64
15) Runway Grading and Drainage Plan
40
16
8
64
16) Runway Plan and Profile
24
16
8
48
17) Runway Plan and Profile
24
16
8
48
18) Pavement Repair Details
8
16
8
8
40
19) Pavement Grooving Plan and Details
8
8
16
20) Runway Supplemental Elevations
8
8
8
24
21) Runway Supplemental Elevations
8
8
8
24
22) Runway Marking Plan
8
16
24
23) Runway Marking Plan
8
16
24
24) Runway Marking Details
4
8
12
25-29) Runway Cross Sections
12
12
8
8
40
Project 2 (Inside Runway 12/30 Runway Safety Area)
1) Title Sheet
2
2
2) Legend, General Notes, Schedule of Drawings and Quantities, Seal
8
8
8
8
32
3) General Project Layout
8
12
8
28
4) Construction Safety and Operations Plan
8
8
12
28
5) Phasing Plan (Phase 1 - Airfield Closure)
4
8
16
24
52
6) Typical Sections
4
8
8
20
7) Pollution Prevention Plan
8
8
8
24
8) Sediment and Erosion Control Plan
4
8
8
8
28
9) Sediment and Erosion Details
8
8
16
10) Existing Conditions, Boring Locations and Demo Plan
2
8
10
11) Geometric Layout
8
8
12
28
12) Runway Grading and Drainage Plan
40
16
8
64
13) Runway Grading and Drainage Plan
40
16
8
64
14) Runway Plan and Profile
24
16
8
48
15) Runway Plan and Profile
24
16
8
48
16) Pavement Repair Details
8
16
8
8
40
17) Pavement Grooving Plan and Details
8
8
16
18) Runway Supplemental Elevations
8
8
8
24
19) Runway Supplemental Elevations
8
8
8
24
20) Runway Marking Plan
8
16
24
21) Runway Marking Details
4
8
12
22-24) Runway Cross Sections
12
12
8
8
40
0
10
Project Manuals (2)
40
80
40
80
240
11
Construction Safety and Phasing Plans (CSPP) (2)
8
40
40
24
40
152
12
Airspace Submittal (2)
16
24
24
64
13
Estimate of Probable Construction Cost (2)
4
8
8
20
14
Engineer's Design Report (EDR)
4
16
40
40
24
124
15
Quality Review
24
24
16
Conferences and Meetings
24
24
24
16
88
17
Bid Assistance
12
40
40
24
116
18
Grant Application
4
16
20
19
Design Administration
40
80
40
160
Total Design Services
140
336
782
648
164
540
80
80
192
2962
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
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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
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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.
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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.
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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
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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)
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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
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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.
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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;
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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
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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.
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