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AECOM_-_Passenger_Boarding_Bridge_CRS_-_8.4.2025
Docusign Envelope ID: 55842E20-04DI-4961-8912-6E73E09088F6 AECOM 319-232-6531 tel Com Si Sycamore Street Suile 222 Waterloo,Iowa 50703 w+vw.aecam.com CONSTRUCTION-RELATED SERVICES (CRS) REPLACE PASSENGER BOARDING BRIDGE CONSTRUCT FIXED WALKWAY AND REMARK TERMINAL.APRON WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-057 Project Description -See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation Compensation for services for this project shall be a cost-plus fixed fee not to exceed One Hundred Sixty-Eight Thousand Five Hundred Dollars ($168,500.00}. See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement. Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. {FATS'} and the City of Waterloo ("Client") dated December 2, 2024. APPROVED- APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. .,F0ocu5igned by: IIL tw� By III G IS r�GLuff� uentin M. Hart, Mayor Michelle M. Sweeney, PE, PTOE Associate Vice President Date 8/4/2025 Date 8/4/2025 Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 PCOM Page 1 CONSTRUCTION-RELATED SERVICES (CRS) REPLACE PASSENGER BOARDING BRIDGE CONSTRUCT FIXED WALKWAY AND REMARK TERMINAL APRON WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-057 EXHIBIT A I. Project Description This project is the replacement of the only passenger aircraft boarding bridge at the Waterloo Regional Airport (Sponsor). The existing boarding bridge serves commercial service aircraft utilizing the airport. The boarding bridge allows for passenger boarding of aircraft during various weather conditions, including the Iowa weather extremes of heat and freezing weather, without requiring passengers to traverse outside of the terminal building. The bridge provides a climate-controlled environment and provides access to passengers, including ones with disabilities. The existing boarding bridge is more than 20 years in age. This model of bridge is no longer in production by the boarding bridge manufacturer and replacement parts are not readily available. The new passenger boarding bridge will replace the existing bridge and will be comprised of a tunnel section with a rotunda and telescoping bridge with conditioned air and a ground power unit. It is anticipated that design and construction of this project will be funded in part with federal funds received through the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant. Il. Scope of Services The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide construction-phase services. The design phase has been completed, and the project is currently in the bid phase. The construction-phase services shall be divided into the following tasks: 1. Assemble Construction Documents. This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. 2. Issued for Construction Project Documents. This task consists of preparing eleven (11)sets of plans and project manuals issued for construction. a. FAA. One (1) electronic copy of the issued for construction set of plans and project manual. The plans will be half-size(11"x 17"). b. Sponsor. Two (2) hard-bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). The plans will be half-size (11"x 17"). c. Consultant. Four (4) hard-bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). The plans will be half-size (11"x 17"). Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 PCOM Page 2 d. Contractor. Five (5) hard-bound copies of the issued for construction set of plans and project manual. Four (4) sets will be half-size (11" x 17") and one set will be full-size (22"x 34"). 3. Preconstruction Conferences. This task consists of preparation of meeting agenda, attending and conducting a preconstruction conference for both projects with representatives of the Contractor, Sponsor, Consultant, FAA and affected utilities, preparing meeting minutes and distribution to the meeting attendees and critical organizations not represented at the meeting. The preconstruction conference will be attended by the Project Manager, Construction Engineer and the Resident Project Representative. 4. Construction Surveying. This task consists of establishing horizontal and vertical control for the project. In addition, this task includes checking the Contractor survey notes for accuracy and method of staking. Contractor's survey will be checked prior to beginning work in the area staked, and periodically for grade and alignment. The survey notes received from the Contractor will be organized, checked and filed for reference during the project. 5. Shop Drawings and Submittals. This task consists of reviewing the following shop drawings and other submittals from the Contractor as required by the contract documents for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Submittals and shop drawings will also be reviewed for compliance with Build America, Buy America provisions of the contract. a. Pre-Manufactured Walkway b. Passenger Boarding Bridge C. Ground Power Unit d. Pre-Conditioned Air Units e. Electrical Wiring and Conduit f. Electrical Breakers g. Communications Cabling h. Closed Circuit TV Cameras i. Structural Concrete j. Crushed Aggregate Base Course k. Joint Sealant I. Runway and Taxiway Paint m. Reflective Media 6. Construction Assistance. This task consists of answering design interpretation questions from the Sponsor, Contractor, review staff and appropriate agencies. 7. Pay Applications and Reimbursement Forms. This task consists of preparing and processing monthly applications for payment to the Contractor and forwarding to the Sponsor for execution with recommendations for approval and payment. 8. Labor and Payroll Reports. This task consists of reviewing weekly labor and payroll reports for compliance with Davis-Bacon Act, conducting onsite employee interviews, conducting E.E.O. site inspections and completion of GSA Form 1445. It is anticipated that thirty onsite interviews for wage rate compliance will be conducted. Original documents will be submitted to the Sponsor at completion of project for storage. Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 PCOM Page 3 9. Testing of Materials. This task consists of providing field testing and materials testing in accordance with the project specifications. Braun Intertec will provide quality assurance testing as identified in the project specifications. 10. Engineer Site Visits. This task consists of the project manager and/or engineer conducting a total of four (4) periodic site visits to the construction site by design personnel at appropriate stages of construction to observe the progress, safety and quality of the construction. The engineer's representative will meet with the representatives of the Sponsor and the Consultant to discuss the project's progress and to identify areas of concern to facilitate the construction. For each engineer site visit, a detailed site visit memo shall be prepared summarizing the visit and submitted to the Sponsor. These site visits are separate from construction observation. 11. Change Orders. This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. Change orders will be submitted to FAA for review and approval prior to their execution. 12. Factory Acceptance Testing. This task will include virtual site visits to the manufacturing facilities to review assembly for the passenger boarding bridge, the ground power unit and pre-conditioned air units. This task will include three (3) virtual meetings during assembly. 13. Construction Observation. This task consists of providing full-time field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Also included in this task will be the monitoring of DBE participation in the project. Construction observation is based on providing one full-time, onsite resident project representative for five (5) hours per day for the onsite construction contract time of sixty (60) calendar days or forty-five (45) working days. Staffing requirements may be adjusted during the project in relation to the level of construction activity. 14. Weekly Construction Meetings. This task consists of meeting with the airport staff, tenants, and the Contractor for nine (9) weekly progress meetings throughout the construction phase of the project. The meeting is to discuss project status, safety, operations, construction issues and upcoming construction schedule. 15. Weekly Construction Reports. This task consists of preparation and the nine (9) weekly submittals of FAA Form 5370-1, Construction Progress and Inspection Report, to the Sponsor and FAA. Reports will be completed in accordance with the AIP Sponsor Guide. Weekly construction reports will not be completed during the shop drawing / submittal phase of the project. These weekly construction reports will be prepared only for the onsite construction period of sixty (60) calendar days. A summary of the testing conducted and test results in each week and in-progress construction photographs shall be attached to each weekly report. A similar report format may be used if approved by the FAA. 16. Non-Compliance Reporting. This task consists of reporting to the Sponsor work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advising the Sponsor of work that should be corrected or rejected. Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 PCOM Page 4 17. Contractor Modifications. This task consists of reviewing, evaluating and making recommendations to the Sponsor and FAA for consideration on suggestions for modifications that have been proposed by the Contractor. 18. Prosect Files. This task consists of maintaining files for correspondence, reports of the job conferences, shop drawings, and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project-related documents. 19. Daily Reports. This task consists of the resident project representative keeping a diary, log book or report for those times onsite, recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors; activities; decisions, observations in general and specific observations in more detail when necessary, as in the case of observing test procedures. As part of this task, weekly construction progress and inspection reports will be prepared and submitted to the FAA. 20. Punch List. This task consists of conducting a review of the project near completion and preparing a list of items punch list to be completed or corrected. 21. Final Review I Commissioning and Training. This task consists of performing a field observation of the completed project including commissioning of the passenger boarding bridge, ground power unit and pre-condition air units before a final application for payment is processed for the Contractor. 22. Prosect Closeout. This task consists of assisting the Sponsor with project completion and final closeout documentation from the Contractor for the FAA by providing the required documentation as identified in the Central Region Airports Division AIP Sponsor Guide Section 1600. a. Final Outlay Report—Standard Form SF-271 b. Federal Financial Report—Standard Form SF-425 C. Final Project Cost Summary d. Summary of QBE Utilization e. Final Construction Report 1) Brief Narrative of Work Accomplished 2) Summary of Key Milestone Dates 3) Contract Time, Including Explanation of Liquidated Damages (if Required) 4) Statement of Compliance With Contract Labor Provisions 5) Administrative Costs 6) Engineering Costs 7) Force Account(If Necessary) 8) Construction Costs 9) Build America, Buy America Provisions 10) Airfield Lighting Equipment 11) Construction Material Testing and Acceptance 12) Final Inspection Report/Record of Completion 13) Contractor's Final Statement of Completion 14) Project Photographs f. As-Built Record Drawings Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 PCOM Page 5 23. Record Drawings. This task consists of providing the Sponsor with a copy of Record Drawings of the construction plans for the project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Two copies of the Record Drawings in electronic and reproducible format will be provided to the Sponsor. One electronic copy would be for the FAA. 24, Construction Administration. This task consists of construction administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. LASecure_DCSIAdminis[ra[ionIAGREEIPROFIALO TO#3 Passenger Boarding Bridge ORS.doc Docusign Envelope ID:55842E20-04D1-4961-8912-6E73E09D88F6 Exhibit B REPLACE PASSENGER BOARDING BRIDGE CONSTRUCT FIXED WALKWAY AND REMARK TERMINAL APRON Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0057-2025 Construction-Related Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 68 $97.35 $6,619.80 Project Professional 316 $77.95 $24,632.20 Staff Professional 102 $59.15 $6,033.30 Professional 52 $37.60 $1,955.20 CADD Operator II 76 $38.35 $2,914.60 CADD Operator 1 0 $23.35 $0.00 Senior Technician 345 $47.20 $16,284.00 Technician 0 $35.45 $0.00 Project Support 112 $43.00 $4,816.00 $63,255.10 1071 11, Payroll Burden and Overhead Costs 121.28% $76,715.79 111. Direct Project Expenses Category Units Rate/Unit Amount Mileage 4000 0.700 2,800.00 Air Fare 1 700.00 700.00 Per Diem 3 60.00 180.00 Lodging 4 110.00 440.00 Rental Car 5 70.00 350.00 BIW Copies 5,000 0.06 300.00 Color Copies 3,000 0.22 660.00 Plan Copier 100 0.50 50.00 EDM Equipment 15.00 0.00 GPS Equipment 15.00 0.00 Miscellaneous, Other 1 1000 1,000.00 $6,480.00 1V. AECOM Estimated Actual Costs $146,450.89 Rounded $146,500.00 V. Subcontract Expense Braun Intertec-Testing Services $1,000.00 VI. Estimated Actual Costs $147,500.00 VII. Fixed Fee (15%of Items I & 11) Rounded $21,000.00 Vill. Maximum Amount Payable $168,500.00 Docusign Envelope IQ:55842E20-D4Q1-4961-8912-6E73E09L)88F6 Exhibit B REPLACE PASSENGER BOARDING BRIDGE CONSTRUCT FIXED WALKWAY AND REMARK TERMINAL APRON Waterloo Regional Airport Waterloo,Iowa FAA AIP 3.19-00944057.2025 Construction-Related Services Staff Hour Estimate Item Description Senior Project Staff CADD CARD Senior Project No. Prot Prof Prof Prof o erstor II O erator I Technician Technician Su on Totals 7 Assemble Construction Oocuments 4 4 a 2 Issued for Construction Project Documents 8 8 a 24 3 Pre-construction conference 4 a 12 4 Construction Sumeying 2 8 10 5 1 Shop cFaWin96 and Submittals 4 40 24 66 6 Construction Assistance 24 24 24 72 7 Pay Applintions and Reimbursement forms 24 24 8 Lahor and P..11 Re res 8 24 32 9 Testing of Materials 16 16 10 EngIneer She Visits 8 60 24 0 92 11 change Orden 0 12 Fanary Acceptance Testing 24 24 13 Construction Observation 225 225 14 weekly Comtruction Meetings 0 a 12 20 15 weekly construction Reports 16 16 16 Vm-Corrq3liancek rti 16 16 32 17 Contractor Mod cations 24 16 40 18 Project Res 24 24 19 Daily Re ns 24 24 20 Punch List 4 24 16 44 21 Final Review Commiwonirkg and Training 8 40 16 64 22 Project Closeout 8 40 40 88 23 Record Drawin 16 24 40 24 Construction Administratiion 32 40 72 Total Design Services Ea 316 102 52 76 0 345 0 112 1071 Dorusign Envelope ID: 55842E20-D4D1-4961-B912-6E73E09D88F6 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 LENDER 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 CIVILRIGHTS—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 SEISMICSAFETY.............................................................................................................................................7 TAX DELINQUENCY AND FELONY CONVICTIONS..........................................................................................7 TRADE RESTRICTION CERTIFICATION............................................................................................................ 7 VETERAN'S PREFERENCE............................................................................................................................... 8 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTEDDRIVING ...................................................................................................................................9 EQUAL EMPLOYMENT OPPORTUNITY(EEO).................................................................................................9 PROHIBITION OF SEGREGATED FACILITIES ................................................................................................. 10 TERMINATION OF CONTRACT ... ..... 11 Page I of 18 Updated May 24, 2023 Dorusign Envelope ID: 55842E28-D4D1-4961-8912-6E73EO908BF6 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION..................................................................................................................12 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $140,000 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 Docusgn Envelope Q 55842E20-D4D1-4961-8912-6E73EO9088F6 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORD5 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 Vl Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1954(78 Stat. 252,42 USC§§ 2000d to 20OOd-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.25 2) (prohibits discrimination on the basis of race,color, national origin); Page 3 of 18 Updated May 24, 2023 Dorusign Envelope ID: 55842E20-D4D1-4961-8912-6E73E09088FB ■ 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 disabMty); 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 3964,the Age discrimination Act of 1975 and Section 544 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§ 12 10 1,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, pollcies,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 seg). 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 Qorusign Envelope ID:55842E20-0401-4961-8912-6E73EO908BF6 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 Docusign Envelope Q 55842E20-D4DI-4961-8912-6E73ED9088F6 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 11S-232 §8891f)(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 Heafth 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 Heafth 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 Docusign Envelope ID:55842E20-04D1-4961-8912-6E73EO9088F6 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(IBCy 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 a I I 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 res ultar+t 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 Qocusgn Envelope ID: 55842E20-❑4DI-4961-8912-6E73EO9088FB 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 nationa4s 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 wilt 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 pubtished 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) awned 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 Qorusign Envelope Q 55842E20-u4D1-4961-8912-6E73E0908BF6 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$10 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 Oaporturrify 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 qualifies!applicants will feceive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity,or national origin. (3) 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 Page 9 of 18 Updated May 24, 2023 Docusign Envelope Q 55842E20-d4DI-4961-8912-6E73EO9088F6 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. (7) 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. 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 fad Page 10 of 18 Updated May 24, 2023 Docusign Envelope ID:55842E20-0401-4981-8912-6E73E09088FB 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(6) FAA Advisory Circular 150/5370-10, Section 80-09 Termination for Convenience IProfessionol 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 term In ate 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 Dorusign Envelope Q 55842E20-D4DI-4961-8912-6E73EO9088FB 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 far 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 4204.5 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 Docusign Envelope ID: 55842E20-❑401-4961-8912-6E73EO9088F6 Certification of Louver Tier Contractors Regarding Debgrmenr 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: fittp://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 hfgher 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 EHCEEDING$100,00Q CONTRACT WORKH0URS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR Part 200,Appendix II(E) 2 CFR §S.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 an account of work performed by the contractor a subcontractor under any Page 13 of 18 Updated May 24, 2023 Docusign Envelope Q 55842E20-D4D1-4961-8912-6E73EO9088FB such contract or any other Federal contract with the same prime contractor, or any other federaliy- 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 II(I) 49 CFR Part 20,Appendix A Certi ication 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 far 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 malting 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 Docusign Envelope ID:55842E20-D4DI-4961-8912-6E73E0908BF6 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$150,00 CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR Part 200,Appendix I1(G) 42 USC§7401, et seq 33 USC§ 1281,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 Docusign Envelope Q 55842E20-D4DI-4961-8912-6E73E©9088FB 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 +nclude copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE.subcontractor was selected over a DBF for work on the contract. Bid Information subrnitted as a motter 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 Docusgn Envelope ID: 55842E20-D4D1-4961-8912-6E73E09088FB 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; anchor 4) Disqualifying the Contractor from future bidding as non-responsible, Prompt Payment(49 CFR§25.29) 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 far good cause following written approval of the Owner.This clause applies to both DBE and non-DBE subcontractors. Termination of DBE Subcontracts(49 CFR§25.53_[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 gond cause to terminate the DBE firm, For purposes of this paragraph,good cause includes the circumstances listed in 49 CFR §25.53. 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 shouW 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 0ocusign Envelope 10:55842E20-04!]1-4851-8912-6E73Efl9088F6 This Fuge Intentionally Left Blank Page 18 of 18 Updated May 24,2023 AECOM 319-232-6531 tel PECOM 501 Sycamore Street Suite 222 Waterloo,Iowa 50703 www.aecom.com CONSTRUCTION-RELATED SERVICES (CRS) REPLACE PASSENGER BOARDING BRIDGE CONSTRUCT FIXED WALKWAY AND REMARK TERMINAL APRON WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-057 Project Description -See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation Compensation for services for this project shall be a cost-plus fixed fee not to exceed One Hundred Sixty-Eight Thousand Five Hundred Dollars ($168,500.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client') dated December 2, 2024. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By %%/'���lh a ��ll Quentin M. Hart, Mayor Michelle M. Sweeney, PE, PTOE Associate Vice President Date Date July 23, 2025