HomeMy WebLinkAboutAECOM - ALO Pavement Management Agreement - 2.3.2025AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM
WATERLOO REGIONAL AIRPORT
CITY OF WATERLOO, IOWA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo,
Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa, hereinafter referred to as "CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
I. SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
II. ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of ATS's failure to meet these standards, ATS shall re -
perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, ATS does not
guarantee the accuracy of any construction cost estimates as compared to
contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties
either express or implied and the parties' rights, liabilities, responsibilities and
remedies with respect to the quality of Services, including claims alleging negligence,
breach of warranty and breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipment, materials and
services. All such guarantees shall be made available to CLIENT to the full extent of
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Page 2
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over
competitive bidding, marketing or negotiating conditions, or construction contractors'
methods of determining their prices. Accordingly, it is acknowledged and understood
that any estimates, projections or opinions of probable project costs provided herein
by ATS are estimates only, made on the basis of ATS's experience and represent
ATS's reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable
costs prepared by ATS, and the CLIENT waives any and all claims that it may have
against ATS as a result of any such variance.
III. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful
misconduct of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including (owned, non -owned, or hired), each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and
property damage liability. This policy includes Contractual Liability coverage. ATS
agrees to name CLIENT as Additional Insured on this policy, but only to the extent of
Page 3
ATS's negligence under this Agreement and only to the extent of the insurance limits
specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated
to pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS
shall provide prompt notice to the CLIENT in the event of cancellation, material change, or
non -renewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the Services shall be in accordance with the following:
A. Compensation for services for this project shall be a cost-plus fixed fee not to
exceed Ninety -Seven Thousand Six Hundred Dollars ($97,600.00). See attached
Exhibit B Consultant Cost Summary. If a substantial change in scope occurs, an
amendment may be processed to account for the additional effort.
B. ATS may bill the Client monthly for services completed at the time of billing.
CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after
receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give
ATS written notice of such disputed item within ten (10) days after receipt of invoice
and shall pay to ATS the undisputed portion of the invoice according to the provisions
hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions
currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through
no fault of the terminating party, providing such defaulting party has not cured such failure, or,
in the event of a non -monetary default, commenced reasonable actions to cure such failure.
In either case, ATS will be paid for all expenses incurred and Services rendered to the date of
the termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
for Services rendered. CLIENT shall have the right to use such instruments of
service solely for the purpose of the construction, operation and maintenance of the
Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole
risk without liability or legal exposure to ATS and CLIENT agrees to release, defend
and hold ATS harmless from and against all claims or suits asserted against ATS in
the event such documents are used for a purpose different than originally prepared
Page 4
even though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a) ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts
or omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all liability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
Page 5
CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT
shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look
to the disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over
CLIENT in CLIENT's obligations or responsibilities as a generator in the storage,
transportation, treatment or disposal of any pre-existing contamination. CLIENT shall
complete and execute any governmentally required forms relating to regulated activities
including, but not limited to generation, storage, handling, treatment, transportation, or
disposal of pre-existing contamination. In the event that ATS executes or completes any
governmentally required forms relating to regulated activities including but not limited to
storage, generation, treatment, transportation, handling or disposal of hazardous or toxic
materials, ATS shall be and be deemed to have acted as CLIENT's agent.
For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's liability for the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS's services in connection with
the project anticipated herein shall not subject ATS's individual employees, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This
requirement to seek mediation shall be a condition required before filing an action at law or in
equity. However, prior to or during the negotiations or the mediation either party may initiate
litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any
property liens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any of the exhibits
Page 6
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any
of its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f)
(g)
This Agreement gives no rights or benefits to anyone other than CLIENT and ATS
and does not create any third party beneficiaries to the Agreement.
This Agreement shall include those conditions in Exhibit C.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
written below.
APPROVED FOR CLIENT APPROVED FOR AECOM TECHNICAL
SERVICES, INC.
huC/ /(/Tl� / l� SIGNEDBy: skiw&ey-
By:
Printed Name:
Quentin M. Hart Printed Name: Michelle M. Sweeney, PE, PTOE
Title: Mayor Title: Associate Vice President
2/3/2025
Date:
Date:
November 11, 2024
AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM
WATERLOO REGIONAL AIRPORT
CITY OF WATERLOO, IOWA
EXHIBIT A
I. Project Description
The project is described as preparation of a Pavement Maintenance Management System for the
entire airfield at the Waterloo Regional Airport, Waterloo, Iowa. The project involves an inventory
of all airside pavements, completion of a pavement condition index (PCI) survey, development of
a record keeping system for future pavement inspection and maintenance, and preparation of an
economic analysis and prioritization plan.
II. Scope of Services
The work to be performed by ATS shall encompass and include work, services, materials,
equipment and supplies necessary to provide a pavement maintenance management system in
accordance with FAA Advisory Circular 150/5380-7B and AIP grant assurances. The project
services shall be divided into the following tasks:
1. Pavement Inventory. The Pavement Inventory section will define the structure of the
pavement and separate the airfield into smaller manageable elements of pavement. The
construction history of each element will be identified along with unique pavement
features. The pavements should be broken into elements and mapped for reference. A
map of the airport will identify pavement elements and allow the individual performing
maintenance inspections to quickly reference the pavement element by name and
location. Pavement elements will be grouped according to the following features:
a. Location on Airfield
b. Pavement Type (Rigid, Flexible, or Overlay)
c. Pavement Section (Surface, Base and Subbase)
d. Construction and Maintenance History
e. Associated Funding Source
f. Allowable Pavement Loading
g. Traffic Inventory
h. Pavement Structure
2. Pavement Condition Index (PCI) Survey. The preparation of a PCI survey will be
accomplished in accordance with ASTM D5340, Standard Test Method for Airport
Pavement Condition Index Surveys. The PCI Survey includes the following tasks:
a. Identification of the branches, sections, and individual sample units for the airfield
pavement network. The airfield pavement network will include each runway, each
taxiway, and the various apron areas. Roadways and parking lots are not
included in this survey.
b. Define the number and location of sample units necessary to provide a
representative evaluation of each pavement section.
c. Field layout of the sample units to be surveyed.
d. Perform a visual survey of the representative sample units to identify and
quantify the distress types and severity levels. In addition to the visual review,
photographic documentation of failures in each sample unit will be performed.
e. Review field survey data and calculate PCI values for each sample unit.
Extrapolate the sample unit data to determine a PCI value for each pavement
section. Using the data for each section a PCI value will be determined for each
pavement branch area. If the data from an individual sample unit does not
appear to be representative of the section, then addition sample units will be
surveyed. In addition to the PCI values, Aircraft Classification Rating
(ACR)/Pavement Classification Rating (PCR) values will be calculated for the
designated critical design aircraft for the Waterloo Regional Airport as defined in
the Master Plan.
f. Prepare airfield maps and charts to graphically depict the PCI and PCR values
calculated.
3. Record Keeping. According to the Advisory Circular the airport needs to perform a PCI
survey every three -years or provide an inspection of the pavement annually. Drive -by
inspection to detect unexpected changes in pavement condition should be conducted
monthly. The airport must record and keep on file for a minimum of 5 years, complete
information about detailed inspections and maintenance performed. The types of
distress, their locations, and remedial action, scheduled or performed, must be
documented. This task consists of providing inspection report forms and maintenance
documentation forms that can be used by the airport staff. In addition, as part of this
task, a future inspection schedule will be developed.
4. Programming. This task consists of performing an economic analysis on the data
collected by the PCI survey and developing a long-term maintenance and rehabilitation
program for the airfield pavements. Programming includes the following tasks:
a. Prepare cost estimates for maintenance
b. Prepare cost estimates for rehabilitation
c. Prioritize maintenance and rehabilitation based on PCI values and funding
availability.
5. Meetings. This task consists of four (4) meetings and presentations related to the
development of the Pavement Maintenance Management System for the Waterloo
Regional Airport.
6. Quality Review. This task consists of the quality review of work elements on the project.
During the course of this project, quality reviews will be conducted by senior technical
personnel that are not directly involved in the project.
7. Administration. This task consists of administration and coordination of the project.
Interoffice meetings, general day-to-day administrative responsibilities, and preparation of
interoffice memoranda and minutes of meetings are included in this task. This task
includes providing 5-copies of the final Pavement Maintenance Management System
report.
L:\Secure_DCS\Administration\AGREE\PROF\ALO Pavement Management Agreement.doc
Pavement Management Program
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-058-2025 (Potential)
Engineering Services
Consultant Cost Summary
Direct Labor Cost
Exhibit B
Category Hours Rate/Hour Amount
Senior Professional 24 $97.35 $2,336.40
Project Professional 126 $77.95 $9,821.70
Staff Professional 276 $59.15 $16,325.40
Professional 0 $37.60 $0.00
CADD Operator II 0 $38.35 $0.00
CADD Operator I 84 $23.35 $1,961.40
Senior Technician 48 $47.20 $2,265.60
Technician 48 $35.45 $1,701.60
Project Support 32 $43.00 $1,376.00 $35,788.10
638
Payroll Burden and Overhead Costs 125.50% $44,914.07
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 4000 0.670 2,680.00
Per Diem 2 60.00 120.00
Lodging 2 110.00 220.00
B/W Copies 0.06 0.00
Color Copies 3,000 0.22 660.00
Plan Copier 500 0.50 250.00
EDM Equipment 32 15.00 480.00
GPS Equipment 0 15.00 0.00
Miscellaneous, Other 375.00
IV. AECOM Estimated Actual Costs
V. Subcontract Expense
VI. Estimated Actual Costs
VII. Fixed Fee (15% of Items I & II) Rounded
VIII. Maximum Amount Payable
Rounded
$4,785.00
$85,487.17
$85,500.00
$0.00
$85,500.00
$12,100.00
$97,600.00
Exhibit B
Pavement Management Program
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-058-2025 (Potential)
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
Update History
0
Identify Pavement Section Updates
4
8
12
Verify Dates of Construction
4
8
12
2
Perform PCI for Airfield
0
Define new Sample Units
4
8
24
36
Layout Sample Units in the Field
8
8
16
Field Survey of Pavement Distresses
4
4
40
40
88
Record Data and Calculate PCI Values
16
40
56
Prepare Maps and Charts for Summary
8
20
28
3
Update Pavement Maintenance Program
0
Type of Maintenance by Sample Unit
8
40
40
88
Cost of Maintenance by Sample Unit
12
40
52
Schedule of Maintenance by Sample Unit
12
40
52
Prepare ACR/PCR Ratings
16
40
56
4
Update Forms for Maintenance Documentation
0
Patching
2
16
18
Crack & Joint Sealing
2
16
18
Marking
2
8
10
5
Update Program Document
8
40
24
72
6
Administration
16
8
24
Total Design Services
24
126
276
0
0
84
48
48
32
638
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