HomeMy Public PortalAbout050-2018 - Airport - Butler Fairman & Seufert - Rehabilitating Run Way1. !
AGREEMENT BETWEEN
OWNER AND ENGINEER
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THIS AGREEMENT is dated as of the day of
in the year 2018, by and between
Richmond Board of Aviation Commissioners
50 North Fifth Street
Richmond IN 47374
hereinafter called the OWNER and
BUTLER FAIRMAN and SEUFERT, INC.
8450 Westfield Boulevard, Suite 300
Indianapolis Indiana 46240
hereinafter called the ENGINEER.
WITNESSETH
WHEREAS the OWNER requires professional engineering services in connection with the
following described project:
Taxiway "A' East End Rehabilitation Design
WHEREAS, the OWNER wishes to engage the ENGINEER to provide certain services
pertaining thereto; and
WHEREAS, the ENGINEER represents that it has sufficient qualified personnel and
equipment and is capable of performing the professional engineering services described herein;
is a corporation qualified to do business in the State of Indiana; and the services described
herein will be performed under the supervision of an engineer licensed to practice in the State of
Indiana.
The OWNER and the ENGINEER, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
SECTION I SERVICES BY ENGINEER
The services to be provided by the ENGINEER under this Agreement are set out in
Appendix "A", attached to this Agreement, and made an integral part hereof.
SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The information and services to be furnished by the OWNER are set out in Appendix
"B", attached to this Agreement, and made an integral part hereof.
SECTION III NOTICE TO PROCEED AND SCHEDULE
Contaact No. 50-2018
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The ENGINEER shall begin the work to be performed under this Agreement upon
receipt of the written notice to proceed from the OWNER, and shall deliver the work to the
OWNER in accordance with the schedule contained in Appendix "C", attached to this Agree-
ment, and made an integral part hereof. The ENGINEER shall not begin work prior to the
date of the notice to proceed.
This Agreement shall be applicable to all assignments authorized by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective as to all
assignments authorized.
SECTION IV COMPENSATION
The ENGINEER shall receive payment for the work performed under this Agreement
as set forth in Appendix "D", attached to this Agreement, and made an integral part hereof.
SECTION V MISCELLANEOUS PROVISIONS
Miscellaneous Provisions are set out in Appendix "E", attached to this Agreement, and
made an integral part hereof.
SECTION VI GENERAL PROVISIONS
1. Work Office
The ENGINEER shall perform the work under this Agreement at the following office:
8450 Westfield Boulevard, Suite 300 Indianapolis IN 46240
2. Employment
During the period of this Agreement, the ENGINEER shall not engage, on a full or part
time or other basis, any personnel who remain in the employ of the OWNER.
3. Subletting and Assignment
The ENGINEER and its subcontractors, if any, shall not assign, sublet, subcontract, or
otherwise dispose of the whole or any part of the work under this Agreement without prior
written consent of the OWNER. Consent for such assignment shall not relieve the ENGINEER
of any of its duties or responsibilities hereunder.
4. Use and Ownershi
All reports, tables, figures, drawings, specifications, boring logs, field data, field notes,
laboratory test data, calculations, estimates and other documents prepared by the ENGINEER
as instruments of service, shall remain the property of the ENGINEER. The OWNER shall be
entitled to copies or reproducible sets of any of the aforesaid.
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Apt f
The ENGINEER will retain all pertinent records relating to the services performed for a
period of five (5) years following performance of work, during which period the records will be
made available to the OWNER at all reasonable times.
The ENGINEER agrees that the OWNER is not required to use any plan, report,
drawing, specifications, advice, map, document or study prepared by the ENGINEER and the
ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize
same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER
or actions that disregard the ENGINEER's recommendations to the OWNER shall release the
ENGINEER from any and all liability in connection with such work modified, amended or
misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the
expressed approval of the ENGINEER.
5. Compliance with State and Other Laws
The ENGINEER specifically agrees that in performance of the services herein enumer-
ated by ENGINEER or by a subcontractor or anyone acting in behalf of either, that each will
comply with all State, Federal, and Local Statutes, Ordinances, and Regulations.
6. Professional Responsibility
The ENGINEER will exercise reasonable skill, care, and diligence in the performance of
services and will carry out all responsibilities in accordance with customarily accepted
professional engineering practices. If the ENGINEER fails to meet the foregoing standard, the
ENGINEER will perform at its own cost, and without reimbursement from the OWNER, the
services necessary to correct errors and omissions which are caused by the ENGINEER's
failure to comply with above standard, and which are reported to the ENGINEER within one (1)
year from the completion of the ENGINEER's services for the Project.
In addition, the ENGINEER will be responsible to the OWNER for damages caused by
its negligent conduct during ENGINEER's activities at the Project site or in the field to the extent
covered by the ENGINEER's Comprehensive General Liability and Automobile Liability
Insurance.
The ENGINEER shall not be responsible for errors, omissions or deficiencies in the
designs, drawings, specifications, reports or other services of the OWNER or other consult-
ants, including, without limitation, surveyors and geotechnical engineers, who have been
retained by OWNER. The ENGINEER shall have no liability for errors or deficiencies in its
designs, drawings, specifications and other services that were caused, or contributed to, by
errors or deficiencies (unless such errors, omissions or deficiencies were known or should
have been known by the ENGINEER) in the designs, drawings, specifications and other
services furnished by the OWNER, or other consultants retained by the OWNER.
7. Status of Claims
The ENGINEER shall be responsible for keeping the OWNER currently advised as to
the status of any known claims made for damages against the ENGINEER resulting from
services performed under this Agreement. The ENGINEER shall send notice of claims related
to work under this Agreement to the OWNER.
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8. Insurance
The ENGINEER shall at its own expense maintain in effect during the term of this
contract the following insurance with limits as shown or greater:
General Liability (including automobile) - combined single limit of $1,000,000.00;
Worker's Compensation - statutory limit; and
Professional Liability for protection against claims arising out of performance of profes-
sional services caused by negligent error, omission, or act in the amount of $1,000,000.00.
The ENGINEER shall provide Certificates of Insurance indicating the aforesaid coverage
upon request of the OWNER.
9. Status Reports
The ENGINEER shall furnish a monthly Status Report to the OWNER by the fifteenth
(15th) of each month.
10. Changes in Work
In the event that either the OWNER or the ENGINEER determine that a major change in
scope, character or complexity of the work is needed after the work has progressed as directed
by the OWNER, both parties in the exercise of their reasonable and honest judgment shall
negotiate the changes and the ENGINEER shall not commence the additional work or the
change of the scope of the work until a supplemental agreement is executed and the
ENGINEER is authorized in writing by the OWNER to proceed.
11. Delays and Extensions
The ENGINEER agrees that no charges or claim for damages shall be made by it for
any minor delays from any cause whatsoever during the progress of any portion of the
services specified in this Agreement. Any such delays shall be compensated for by an
extension of time for such period as may be determined by the OWNER, subject to the
ENGINEER's approval. However, it being understood, that the permitting of the ENGINEER
to proceed to complete any services, or any part of them after the date to which the time of
completion may have been extended, shall in no way operate as a waiver on the part of
the OWNER of any of its rights herein.
12. Abandonment
Services may be terminated by the OWNER and the ENGINEER by thirty (30) days'
notice in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. If so abandoned, the ENGINEER shall
deliver to the OWNER copies of all data, reports, drawings, specifications and estimates com-
pleted or partially completed along with a summary of the progress of the work completed within
twenty (20) days of the abandonment. In the event of the failure by the ENGINEER to make
such delivery upon demand, then and in that event the ENGINEER shall pay to the OWNER
any damages sustained by reason thereof. The earned value of the work performed shall be
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based upon an estimate of the portions of the total services as have been rendered by the
ENGINEER to the date of the abandonment for all services to be paid for on a lump sum basis.
The ENGINEER shall be compensated for services properly rendered prior to the effective
date of abandonment on all services to be paid on a cost basis or a cost plus fixed fee basis.
The payment as made to the ENGINEER shall be paid as the final payment in full settlement
and release for the services hereunder.
13. Non -Discrimination
Pursuant to Indiana and Federal Law, the ENGINEER and ENGINEER's subcontrac-
tors, if any, shall not discriminate against any employee or applicant for employment, to be
employed in the performance of work under this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment
because of race, color, religion, sex, disability, national origin or ancestry. Breach of this coven-
ant may be regarded as a material breach of the Agreement.
14. Employment Eligibility Verification.
The ENGINEER affirms under the penalties of perjury that it does not knowingly
employ an unauthorized alien.
The ENGINEER shall enroll in and verify the work eligibility status of all its newly hired em-
ployees through the E-Verify program as defined in IC 22-5-1.7-3. The ENGINEER is not
required to participate should the E-Verify program cease to exist. Additionally, the
ENGINEER is not required to participate if the ENGINEER is self-employed and does not
employ any employees.
The ENGINEER shall not knowingly employ or contract with an unauthorized alien. The
ENGINEER shall not retain an employee or contract with a person that the ENGINEER
subsequently learns is an unauthorized alien.
The ENGINEER shall require its subconsultants, who perform work under this Contract, to
certify to the ENGINEER that the subconsultant does not knowingly employ or contract with
an unauthorized alien and that the subconsultant has enrolled and is participating in the E-
Verify program. The ENGINEER agrees to maintain this certification throughout the duration
of the term of a contract with a sub -consultant.
The OWNER may terminate for default if the ENGINEER fails to cure a breach of this provi-
sion no later than thirty (30) days after being notified by the OWNER.
15. No Investment in Iran.
As required by IC 5-22-16.5, the ENGINEER certifies that the ENGINEER is not engaged in
investment activities in Iran. Providing false certification may result in the consequences
listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state
contracts, as well as an imposition of a civil penalty.
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16. Successor and Assigns
The OWNER and the ENGINEER each binds themselves and successors, executors,
administrators and assigns to the other party of this Agreement and to the successors, execu-
tors, administrators and assigns of such other party, in respect to all covenants of this
Agreement; except as above, neither the OWNER and the ENGINEER shall assign, sublet or
transfer their interest in the Agreement without the written consent of the other.
17. Supplements
This Agreement may only be amended, supplemented or modified by a written docu-
ment executed in the same manner as this Agreement.
18. Governing Laws
This Agreement and all of the terms and provisions shall be interpreted and construed
according to the laws of the State of Indiana. Should any clause, paragraph, or other part of
this Agreement be held or declared to be void or illegal, for any reason, by any court having
competent jurisdiction, all other causes, paragraphs or part of this Agreement, shall neverthe-
less remain in full force and effect.
This Agreement contains the entire understanding between the parties and no modifi-
cation or alteration of this Agreement shall be binding unless endorsed in writing by the parties
thereto.
This Agreement shall not be binding until executed by all parties.
19. Independent Enaineer
In all matters relating to this Agreement, the ENGINEER shall act as an independent
engineer. Neither the ENGINEER nor its employees are employees of the OWNER under the
meaning or application of any Federal or State Laws or Regulations and the ENGINEER agrees
to assume all liabilities and obligations imposed in the performance of this Agreement. The
ENGINEER shall not have any authority to assume or create obligations, expressed or implied,
on behalf of the OWNER and the ENGINEER shall have no authority to represent as agent,
employee, or in any other capacity than as set forth herein.
20. Rights and Benefits
The ENGINEER's services will be performed solely for the benefit of the OWNER and
not for the benefit of any other persons or entities.
21. Disputes
All claims or disputes of the ENGINEER and the OWNER arising out of or relating to the
Agreement, or the breach thereof, shall be first submitted to non -binding mediation. If a claim or
dispute is not resolved by mediation, the party making the claim or alleging a dispute shall have
the right to institute any legal or equitable proceedings in a court located within the county and
state where the project is located.
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22. Limitation of Liability
To the maximum extent permitted by law, the OWNER agrees to limit the ENGINEER's
liability for the ENGINEER's damages to the sum of $1,000,000.00 limit of Professional Liability
insurance. This limitation shall apply regardless of the cause of action or legal theory pled or
asserted.
IN WITNESS WHEREOF, the OWNER and the ENGINEER have signed this Agreement in
duplicate. One counterpart each has been delivered to the OWNER and the ENGINEER.
This Agreement will be effective on ��.1t 2� , 20� $
ENGINEER:
BUTLER, FAIRMAN and SEUFERT, INC
OWNER:
CITY OF RICHMOND BOARD OF AVIATION
COMMISSIONERS
By: ✓�,
Dave Stevens, President
Bradley D. Watson, P.E.
Executive Vice President Attest:
Date:
APPROVED
M S yor
Date:
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APPENDIX "A"
SERVICES BY ENGINEER
Project Description:
$. A ,
Taxiway "A" East End Rehabilitation Design will include the design of the pavement rehabilita-
tion of Taxiway "A", East of the Runway 15-33 intersection to the Runway 24 threshold. Also
included in this agreement will be an environmental document that will cover the project as a
categorical exclusion. This agreement will not include design of any lighting rehabilitation, as it
was recently installed.
After authorization to proceed, the ENGINEER shall:
Environmental
1.1 Prepare 1 environmental Categorical Exclusion document for Taxiway "A"
Rehabilitation East of Runway 15-33 intersection.
1.2 The above document will be prepared meeting current National Environmental Policy
Act regulations including normal field investigations, ecological assessment,
photographs, graphics, early coordination, archaeological records review, wetland
reconnaissance, preliminary review and "no historic properties" documentation under
Section 106 of the National Historic Preservation Act, pursuant to 36 CFR 800.11(d),
historic properties report, jurisdictional determination of all waterways and surface
water areas, report preparation and normal mitigation discussions of agency
comments. The above documentation will not include a wetland delineation, wetland
mitigation plan, Section 106 documentation or meetings pursuant to 36 CFR
800.11(e), (f) or (g), permits, endangered species studies or reports, archaeological
field reconnaissance or additional archaeological studies, woody revegetation plan
or the testing of potential hazardous material containing sites (Phase II
Assessment). These services will constitute a change of scope and will be paid for
either under Additional Services or as a lump sum fee.
2. Airport Administration.
2.1 Prepare up to 2 FAA grant applications, 1 for the design phase and 1 for the
construction phase of the project.
2.2 Prepare up to 12 FAA and INDOT partial pay requests.
2.3 Prepare 1 closeout document and report of final findings.
2.4 Report project status in up to 12 monthly airport Board meetings.
3. Survey
3.1 Provide a topographic survey for the design services including the establishment of
horizontal and vertical controls that may be used for construction staking by others,
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one foot contours 100' each side of the taxiway centerline and 200' feet beyond each
end of the project limits, locate all utilities both public and airport for the design.
4. Airport Design
4.1 Study and Report Phase
a. Conduct a pre -design meeting to consult with the OWNER to clarify and define
the OWNER's requirements for the Project and review available data.
b. Advise the OWNER as to the necessity of the OWNER's providing or obtaining
from others data or services, and assist the OWNER in obtaining such data and
services.
c. Prepare an Engineer's Report containing schematic layouts, sketches and con-
ceptual design criteria with appropriate exhibits to indicate clearly the
consideration involved and the alternative solutions available to the OWNER and
setting forth the ENGINEER's findings and recommendations. This Report will be
accompanied by the ENGINEER's opinion of probable construction cost, engi-
neering costs, and construction contingencies.
d. Identify the critical aircraft for which the project design will be based.
e. Develop design parameters based on the findings of critical aircraft research and
review with the OWNER.
f. Design pavement section per Advisory Circular 150/5320-6 "Airport Pavement
Design and Evaluation".
g. Layout airport markings per Advisory Circular 150/5340-1 "Standards for Airport
Markings".
h. Provide a general economic analysis of the OWNER's requirements applicable to
the operation and maintenance of pavement, if applicable. Compile operation
and maintenance costs into a basic "Life Cycle Analysis" to generate the recom-
mended design option. No other project aspects beyond pavement will be
included in the basic services of this agreement; however, these services can be
added to the scope and will be paid for either under Additional Services or as a
lump sum fee if directed by the OWNER.
i. Evaluate the impact of the project on all existing navigational aids and minimize
down time. No new navigational aids are anticipated to be within the scope of this
project.
j. Layout airport markings per Advisory Circular 150/5340-1 "Standards for Airport
Markings".
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k. Prepare Technical and Special Provisions per Advisory Circular 150/5370-10
"Standards for Specifying Construction of Airports" for incorporation into the com-
plete specification book.
Furnish five copies of the Study and Report documents, at 60% complete (Draft
Engineer's Report) and again at 90% complete (Final Engineer's Report), and re-
view them in person with the OWNER.
4.2 Construction Safety Phasing
a. Prepare "Safety and Sequencing Plan" in accordance with the Federal Aviation
Administration guidelines per Advisory Circular 150/5370-2 "Operational Safety
On Airports During Construction".
b. Consult with the OWNER to discover peak operational times and coordinate with
OWNER to determine the construction phasing that will be the least impact to
airport operations.
c. Review airside and land side traffic for each phase with the OWNER.
d. Coordinate and evaluate all landside traffic in or near all runway approach
surfaces.
e. Review with OWNER the construction phasing signage, marking and barricade
placement for all construction phases.
4.3 Airspace
a. Prepare and submit to the Federal Aviation Administration the forms 7460-1,
7460-2 and documentation necessary for an airspace coordination of the
construction work.
b. Coordinate construction activity to determine stock pile locations, staging areas,
and haul routes in conjunctions with airfield operations.
c. Review with the OWNER airspace operational restrictions during construction.
d. Complete and coordinate for FAA acceptance and/or commissioning of the
constructed project in order to ensure proper publication of facility data.
4.4 Permitting
a. Identify and analyze requirements of government authorities having jurisdiction to
approve the design of the Project and participate in consultations with such
authorities.
b. Review with the OWNER operational requirements of the Construction Activity
permit during construction.
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c. Provide technical criteria, written descriptions and design data for the OWNER's
use in filing applications for permits with or obtaining approvals of such
governmental authorities as have jurisdiction to approve the design of the Project,
and assist the OWNER in consultations with appropriate authorities.
4.5 Plan Set Development
a. Provide drawings to show the general scope, extent and character of the work to
be furnished and performed by Contractor(s) (hereinafter called Drawings).
b. Provide review drawing sets at "60% Draft" and "100% Approved For
Construction", for OWNER feedback.
c. Review drawings with the OWNER and conduct a field visit prior to construction.
d. Advise the OWNER of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to the OWNER a
revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.6 Specifications
a. Prepare complete specification book in conformance with the Federal Aviation
Administration Advisory Circular 150/5370-10 "Standards for Specifying
Construction of Airports".
b. Advise the OWNER of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to the OWNER a
revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.7 Bid Assistance
a. Prepare for review and approval by the OWNER, OWNER's legal counsel and
other advisors Contract Agreement Forms, General Conditions and
Supplementary Conditions and (where appropriate) Bid Forms, Invitations to Bid
and Instructions to Bidders and assist in the preparation of other related
documents.
b. Assist the OWNER in advertising for and obtaining bids or negotiating proposals
for 1 contract for construction, materials, equipment and services; and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents
have been issued, and receive and process deposits for Bidding Documents.
c. Conduct a Pre -Bid meeting to familiarize potential bidders with the project and
biding requirements.
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d. Answer contractor's questions by issuing addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
e. Attend bid opening and assist in determining acceptability of bids prior to reading
publicly.
Reviews bids and tabulate results for OWNER and agency review.
g. Make a contract award recommendation to the OWNER.
5. Changes In Work
In the event that either the OWNER or the ENGINEER determine that a major change in
scope, character or complexity of the work is needed after the work has progressed as
directed by the OWNER, both parties in the exercise of their reasonable and honest
judgment shall negotiate the changes and the ENGINEER shall not commence the
additional work or the change of the scope of the work until a supplemental agreement is
executed or the ENGINEER is authorized by the OWNER to proceed under the additional
services of the agreement.
6. Additional Services
Additional Services would be services required in addition to those specifically described
above, or if the OWNER or any other local, state, or federal agency shall direct or cause
the ENGINEER to relocate or rework the project, or any part thereof. The OWNER
agrees to compensate the ENGINEER for Additional Services on the basis of actual hours
of work performed on the project at the hourly billing rates noted in APPENDIX "D-1". The
Hourly Billing Rates include overhead and fixed fee.
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The OWNER shall, within a reasonable time, so as not to delay the services of the ENGINEER:
Provide full information as to ENGINEER's requirements for the Project.
Assist the ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
Provide to the ENGINEER aircraft operations characteristics, fleet mix, peak usage
times, transient and local operations, based aircraft, and fuel records with N-numbers to identify
the critical/design aircraft.
Review and approve critical/design aircraft selection based on OWNER supplied aircraft
operational information by ENGINEER.
Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor, and
other ENGINEERs as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
ENGINEER.
Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
Furnish all existing approvals or permits from all governmental authorities having juris-
diction over the Project. The ENGINEER will assist the OWNER in identifying and procuring
any additional permits associated with this Project.
Arrange for access to and make all provisions for the ENGINEER to enter upon public
and private property as required for the ENGINEER to perform services under this Agreement.
Obtain necessary easements and right-of-way for construction of the Project, including
easement and right-of-way descriptions, property surveys and boundary surveys.
Furnish to the ENGINEER, as requested by the ENGINEER or as required by the
Contract Documents, data prepared by or services of others, including exploration and tests of
subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site.
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APPENDIX "C"
SCHEDULE
1. This Agreement will become effective upon the first written notice by the OWNER
authorizing services hereafter.
2. This Agreement shall be applicable to all assignments authorized by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective as to
all assignments authorized.
3. Performance time after authorizations to proceed with the Basic Services shall be completed
as follows:
Milestone Completion Date
1.
Categorical Exclusion
July 6, 2018
2.
Survey
November 23, 2018
3.
Study and Report
December 3, 2018
4.
Specifications
January 1, 2019
5.
Construction Safety Phasing
January 1, 2019
6.
Plan Set Development
March 3, 2019
7.
Airspace
March 3, 2019
8.
Bid Assistance
June 1, 2019
Schedule is subject to agency review time and the seasonal limitations making it sub-
ject to change. It is expected that the Notice to Proceed will be on or about March 8,
2018.
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APPENDIX "D"
COMPENSATION
A. Amount of Payment
1. For Services, under Appendix "A", the OWNER shall pay the ENGINEER for
services of the ENGINEER's principals and employees engaged directly on the
Project.
2. For the following services under Appendix "A", Section 1 Environmental, Section
2 Airport Administration, Section 3 Survey, Section 4 Airport Design, Section 5
Bidding Services the lump sum amounts of:
Categorical Exclusion
$ 5,500.00
Administration
$15,500.00
Study and Report
$11,000.00
Specifications
$12,000.00
Construction Safety Phasing
$ 8,000.00
Plan Set Development
$44,750.00
Airspace
$ 2,500.00
Survey
$ 9,600.00
Bid Assistance
$ 5,500.00
3. For Reimbursable Expenses. In addition to payments provided for in above
paragraphs 2 and 3, the OWNER shall pay the ENGINEER the actual costs of all
Reimbursable Expenses incurred in connection with all Basic and Additional
Services. Reimbursable Expenses mean the actual expenses incurred by the
ENGINEER, such as expenses for: ENGINEER's independent professional
associates or consultants approved by the OWNER directly in connection with
the Project; transportation and subsistence incidental thereto; subsistence and
transportation of Resident Project Representatives and their assistants,
reproduction of reports, Drawings, Specifications, Bidding Documents and similar
Project related items. Estimated total not to exceed compensation for
reimbursable expenses without prior written approval by the OWNER, shall be as
follows per phase of construction awarded:
For Travel $ 900.00
Geotechnical Sub $ 3,000.00
For Legal Advertisement to Bid $ 700.00
B. Additional Services
Additional Services would be services required in connection with service not specifi-
cally described in Appendix A, or any legal action or litigation requiring the testimony
and/or services of the ENGINEER, or if the OWNER or any other local, state, or fed-
eral agency shall direct or cause the ENGINEER to relocate or redesign the project, or
any part thereof. The OWNER agrees to compensate the ENGINEER for Additional
Services on the basis of actual hours of work performed on the project at the hourly
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billing rates noted in APPENDIX "D-1". The Hourly Billing Rates include overhead and
fixed fee.
C. Method of Payment
Payment shall be made by the OWNER to the ENGINEER each month as the work
progresses.
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APPENDIX "13-1"
SCHEDULE OF COMPENSATION
BUTLER, FAIRMAN and SEUFERT, INC.
2018 HOURLY RATE SCHEDULE
Classification
Hourly Rates
E-V
Engineer V (Principal)
$
214.00
E-IV
Engineer IV
$
190.00
E-III
Engineer III
$
164.00
E-II
Engineer II
$
122.00
E-I
Engineer 1
$
91.00
FP -IV
Field Personnel IV — (Project Coordinator)
$
172.00
FP -III
Field Personnel III
$
141.00
FP-11
Field Personnel II
$
104.00
FP -I
Field Personnel 1
$
85.00
EA -III
Engineer's Assistant III
$
165.00
EA -II
Engineer's Assistant II
$
130.00
EA-1
Engineer's Assistant 1
$
95.00
SP-1
Support Personnel 1
$
66.00
C-11
Clerical11
$
107.00
C-1
Clerical
$
72.00
P-III
Planner/Environmental Specialist III
$
177.00
P-II
Planner/Environmental Specialist II
$
114.00
P-1
Planner/Environmental Specialist 1
$
84.00
The billing rates are effective January 2018 and may be adjusted annually (beginning
January 2019) to reflect changes in the compensation payable to the ENGINEER.
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APPENDIX "E"
MISCELLANEOUS PROVISIONS
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E� APPENDIX E
w
o4NiP
MISCELLANEOUS PROVISIONS
FAA
Airports
Required Contract Provisions for Airport Improvement Program and for Obligated
Sponsors
Contents
Recordof Changes................................................................................................................... VII
Requirements......................................................................................................................... 1
1............................................................................................... Required Contract Provisions 1
2...................................................................................................... Sponsor Requirements 1
3..................................................................................................Incorporation of Provisions 1
4.................................................................. Requests for Bids (Advertisement) and Notice to Bidders 1
5...................................................... Requirements For All Contracts Entered into by Obligated Sponsors. 1
6........................................................................................... Failure to Comply with Provisions 1
7..................................................................................Applicability Matrix for Contract Provisions 2
APPENDIX A —
CONTRACT PROVISIONS.......................................................................................... 3
Al ................................................................................
ACCESS TO RECORDS AND REPORTS
3
A2................................................................................ AFFIRMATIVE ACTION REQUIREMENT
4
A3.......................................................................................
BREACH OF CONTRACT TERMS
6
A4.........................................................................................
BUY AMERICAN PREFERENCE
7
A5...............................................................................................
CIVIL RIGHTS - GENERAL
12
A6.................................................................................
CIVIL RIGHTS — TITLE VI ASSURANCE
13
A7......................................................................
CLEAN AIR AND WATER POLLUTION CONTROL
19
A8 ......................................CONTRACT
WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
21
A9.....................................................................................
COPELAND "ANTI -KICKBACK" ACT
22
A10.......................................................................................
DAVIS-BACON REQUIREMENTS
23
A11......................................................................................
DEBARMENT AND SUSPENSION
27
Al2..........................................................................
DISADVANTAGED BUSINESS ENTERPRISE
28
A13.................................................................................................
DISTRACTED DRIVING
30
A14.........................................................................
ENERGY CONSERVATION REQUIREMENTS
31
A15.....................................................................
EQUAL EMPLOYEMENT OPPORTUNITY (E.E.O.)
32
A16 ............................................FEDERAL
FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
36
A17.............................................................
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
37
A18..........................................................................
PROHIBITION of SEGREGATED FACILITIES
37
A19...............................................................
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
39
A20 .............
......................................................... PROCUREMENT OF RECOVERED MATERIALS
40
A21.................................................................................................
RIGHT TO INVENTIONS
41
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A22....................................................................................................... SEISMIC SAFETY 42
A23......................................................................................... TERMINATION OF CONTRACT 43
A24............................................................................... TRADE RESTRICTION CERTIFICATION 46
A25............................................................................................. VETERAN'S PREFERENCE 1
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Paragraph
Chan e
1
1/29/2016
Entire Document
Re -structured document to enhance user understanding of use and
applicability; added suggested provisions for "Termination for Cause',
"Recovered Materials", "Seismic Safety".
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Requirements
Required Contract Provisions
Federal laws and regulations require that recipients of federal assistance (Sponsors) include specific contract provisions
in certain contracts, requests for proposals, or invitations to bid.
Certain provisions must be included in all sponsor contracts, regardless of whether or not the contracts are federally -
funded. This requirement was established when a sponsor accepted the Airport Improvement Program (AIP) grant
assurances.
To maintain eligibility of their procurement actions, a sponsor must incorporate applicable contract provisions in all
federally -assisted procurement and contract documents, including all subcontracts. For purposes of determining
requirements for contract provisions, the term contract includes subcontracts.
2. Sponsor Requirements
In general, the sponsor must:
1) Incorporate applicable contract provisions in each contract funded under AIP;
a. Except as noted herein, a sponsor must physically incorporate the text of the provision within the
procurement documents.
b. Where specifically noted, sponsors may incorporate select provisions by reference provided the
sponsor indicates that the reference has the same force and effect as if given in full text.
2) Require the contractor (including all subcontractors) to insert these contract provisions in each lower tier con-
tracts ( e.g. subcontract or sub -agreement);
3) Require the contractor (or subcontractor) to incorporate the applicable requirements of these contract provi-
sions by reference for work done under any purchase orders, rental agreements and other agreements for
supplies or services;
4) Require that the prime contractor be responsible for compliance with these contract provisions by any subcon-
tractor, lower -tier subcontractor or service provider;
5) Verify that any required local or State provision does not conflict with, or alter a Federal law or regulation.
Incorporation of Provisions
The statutes and regulations that establish the requirements for contract provisions do not always specify language the
sponsor must use to address the requirement. Appendix A of this guide provides information on when a provision or
clause has mandatory language that a sponsor must apply. Refer to the subheading Applicability for each provision.
Whenever a clause or provision has mandatory text, the sponsor must incorporate the text of the provision without
change. The only exception to this restriction is for those instances within the provision text that require the sponsor to
insert appropriate information such as name or value. To align with the sponsor's standard contract language, the word
"Owner" may also be replaced with "Airport Authority" or their standard method of referring to the sponsor in contracts.
Any modification beyond what is specifically permitted is not permitted and may invalidate the clause.
For those provisions that do not have required language, this guidance provides model language acceptable to the FAA
in meeting the intent and purpose of the law or regulation. Some sponsors may already have standard procurement
language that is equivalent to those Federal provisions that do not have explicit mandatory language. In these cases,
sponsors may use their existing standard procurement provision language provided the text meets the intent and purpose
of the Federal law or regulation.
Contract clause language must be made available to bidders. The Sponsor does this by including the required language
in Requests for Bids, Notices to Bidders, or in the contract.
4. Requests for Bids (Advertisement) and Notice to Bidders
The sponsor may incorporate certain provisions by reference in the Request for Bids (the Advertisement) rather than
including the entire text of the provision in the Request or Notice to Bidders. The sponsor must incorporate the full text of
these provisions within any contract that originates from the procurement action. The provisions that can be incorporated
by reference in the Request or Notice are:
1 ) Buy American Preference
2) Foreign Trade Restriction
3) Davis Bacon
4) Affirmative Action
5) Government -wide Debarment and Suspension
6) Government -wide Requirements for Drug -free Workplace
Requirements For All Contracts Entered into by Obligated Sponsors.
A sponsor's acceptance of previous grant assurances obligates them to include certain notifications in all contracts and
procurement actions they undertake regardless of funding source. Contracts and agreements fully funded by the
sponsor must incorporate those select provisions.
6. Failure to Comply with Provisions
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Sponsor failure to incorporate required provisions will jeopardize AIP eligibility of the sponsor's project. Contractor failure
to comply with the terms of these contract provisions may be sufficient grounds to:
1) Withhold progress payments or final payment;
2) Terminate the contract for cause;
3) Seek suspension/debarment; or
4) Take other action determined to be appropriate by the sponsor or the FAA.
7. Applicability Matrix for Contract Provisions
Table 1 summarizes the applicability of contract provisions based upon the type of contract or agreement. The dollar
threshold represents the value at which, when equal to or exceeded, the sponsor must incorporate the provision in their
contract or agreement. Supplemental information addressing applicability and use for each provision is located in
Appendix A.
Meaning of cell values
• REQD - a provision the sponsor must incorporate in their procurement action.
• Limited —a provision with limited applicability depending on circumstances of the procurement.
• n/a — a provision that is not applicable for that procurement type.
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AppendixA - CONTRACT PROVISIONS
Al ACCESS TO RECORDS AND REPORTS
A1.ISOURCE
2 CFR § 200.333
2 CFR § 200.336
FAA Order 5100.38
A1.2 A P P L I C A B I L I T Y
2 CFR § 200.333 requires a sponsor to retain records pertinent to a Federal award for a period of three years from
submission of final closure documents. 2 CFR § 200.336 establishes that sponsors must provide Federal entities the
right to access records pertinent to the Federal award. FAA policy extends these requirements to the sponsor's contracts
and subcontracts of AIP funded projects.
Contract Types — The sponsor must include this provision in all contracts and subcontracts of AIP funded projects.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the
FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully
satisfy the requirements of part 200.
A1.3 CONTRACT CLAUSE
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor,
the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized
representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to
the specific contract for the purpose of 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.
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A2 AFFIRMATIVE ACTION REQUIREMENT
A2.1SOURCE
41 CFR part 60-4
Executive Order 11246
A2.2 A P P L I C AB I L I TY
Minority Participation. Sponsors are required to set goals for minority participation in AIP funded projects. The goals for minority
participation depend on Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA) as established in Volume 45 of the
Federal Register dated 10/3/80. Page 65984 contains a table of all EAs and SMSAs and the associated minority participation
goals.
To find the goals for minority participation, a sponsor must either refer to the Federal Register Notice or to the Department of Labor
document, 'Technical Assistance Guide for Federal Construction Contractors". EA's and SMSA's cross state boundaries so a
sponsor may have to refer to entries for adjacent states to find their project location.
A sponsor must insert the applicable percentage minority goal. Sponsor must not simply insert a reference to the Federal Register
Notice.
Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for female participation for all construction
contractors. This value does not change per county or state.
Contract Types —
Construction: The sponsor must incorporate this notice in all solicitations for bids or requests for proposals for AIP funded
construction work contracts and subcontracts that exceed $10,000. Construction work means construction, rehabilita-
tion, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to
real property, including facilities providing utility services. The term also includes the supervision, inspection, and other
onsite functions incidental to the actual construction.
Equipment: The sponsor must incorporate this notice in any equipment project exceeding $10,000 that involves installa-
tion of equipment onsite (e.g. electrical vault equipment). This provision does not apply to equipment acquisition projects
where the manufacture of the equipment takes place offsite at the vendor plant (e.g. firefighting and snow removal vehi-
cles)
Professional Services: The sponsor must incorporate this notice in any professional service agreement if the profession-
al service agreement includes construction work (as defined above) that exceed $10,000. Examples include installation
of noise monitoring systems.
Property/Land: The sponsor must incorporate this notice in any agreement associated with land acquisition if the agree-
ment includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or
installation of boundary fencing.
Use of Provision — The sponsor must incorporate the text of this provision without modification. The sponsor must incorporate the
established minority participation goal and the covered area by geographic name within the provision text.
A2.3CONTRACT CLAUSE
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment
Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate
workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: [sponsor must insert established goal)
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the contractors construction work (whether or not it is Federal or federally -assisted)
performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered
area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this
second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementa-
tion of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or
from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive
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Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours
performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs
(OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is [sponsor must insert state,
county, and city].
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A3 BREACH OF CONTRACT TERMS
A3.ISOURCE
2 CFR § 200 Appendix II(A)
A3.2APPLICABILITY
This provision requires sponsors to incorporate administrative, contractual or legal remedies if contractors violate or breach contract
terms. The sponsor must also include appropriate sanctions and penalties.
Contract Types — This provision is required for all contracts that exceed the simplified acquisition threshold as stated in
2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation, and is now equal to $150,000.
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the require-
ments of part 200. Select either "contractor" or "consultant" as applicable.
A3.3 CONTRACT CLAUSE
BREACH OF CONTRACT TERMS
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 I Consultant] written notice that describes the nature of the breach and corrective actions the
[Contractor I Consultant] 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 I Consultant] must correct the breach. Owner may proceed
with termination of the contract if the [Contractor I Consultant] fails to correct the breach by 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.
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A4 BUY AMERICAN PREFERENCE
A4.1SOURCE
Title 49 USC § 50101
A4.2APPLICAB ILITY
The Buy -American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects
be produced in the United States. The statute gives the FAA the ability to issue a waiver to a sponsor to use non -domestic material
on the AIP funded project. The sponsor may request that the FAA issue a waiver from the Buy American Preference requirements
if the FAA finds that:
1) Applying the provision is not in the public interest;
2) The steel or manufactured goods are not available in sufficient quantity or quality in the United States;
3) The cost of components and subcomponents produced in the United States is more than 60 percent of the total compo-
nents of a facility or equipment, and final assembly has taken place in the United States. Items that have an FAA
standard specification item number (such as specific airport lighting equipment) are considered the equipment.
4) Applying this provision would increase the cost of the overall project by more than 25 percent.
Timing of Waiver Requests. The sponsor must submit Type 1 or Type 2 waiver requests before issuing a solicitation for bids or a
request for proposal for a project.
The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will generally not consider
waiver requests after execution of the contract except where extraordinary only if extenuating circumstances exist. The FAA cannot
review incomplete waiver requests or requests that the Sponsor has not reviewed for adequacy. Sponsor must assess the
adequacy of the waiver request before forwarding the request to the FAA.
Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has received National waivers
from the Buy American Preference requirements or that fully meet the Buy American requirements. This Buy American Conform-
ance List is available online at www.faa-gov/airports/aip/buy american/. Products listed on the Buy American Conformance list do
not require a project specific Buy American Preference requirement waiver from the FAA.
Facility Waiver Requests. For construction of a facility, the sponsor may submit the waiver request after bid opening, but prior to
contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment
buildings.
Contract Types —
Construction and Equipment - The sponsor must meet the Buy American Preference requirements of 49 USC § 50101
for all AIP funded projects that require steel or manufactured goods. The Buy America requirements flow down from the
sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in
compliance.
Note: the Buy American Preference does not apply to equipment a contractor uses as a tool of their trade and does not
remain as part of the project.
Professional Services — Professional service agreements (PSA) do not normally result in a deliverable that meets the def-
inition of a manufactured product. However, the emergence of different project delivery methods has created situations
where task deliverables may include a manufactured product. If a PSA includes providing a manufactured good as part of
the contract, the sponsor must include the Buy American Preference provision in the agreement.
Property— Most land transactions do not involve acquiring a manufactured product. However, under certain circum-
stances, a property acquisition project could result in the installation of a manufactured product. For example, the
installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under the AIP
funded project that must meet the Buy American Preference.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully comply with
49 USC § 50101.
There are two types of Buy American certifications. The sponsor must incorporate the appropriate "Certificate of Buy America
Compliance" in the solicitation:
• Projects for a facility (Buildings such as Terminal, SRE, ARFF, etc.) — Insert the Certificate of Compliance Based on Total
Facility
• Projects for non -facility development (non -building construction projects such as runway or roadway construction; or
equipment acquisition projects) — Insert the Certificate of Compliance Based on Equipment and Materials Used on the
Project.
A4.3CONTRACT CLAUSE
A4.3.1 Buy American Preference Statement
BUY AMERICAN PREFERENCE
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The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel
and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for
the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or
is included in the FAA Nationwide Buy American Waivers Issued list.
A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will
reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance.
A4.3.2 Certificate of Buy American Compliance — Total Facility
CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with
their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one of the
following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both)
by inserting a checkmark (✓) or the letter "X".
❑Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing steel and manufactured products produced in the United States; or
b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the cur-
rent FAA Nationwide Buy American Waivers Issued listing; or
C) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart
25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic products.
3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances
emerge that the FAA determines justified.
❑The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101 (a)
but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 501011 By selecting this certification statement,
the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required
documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause for a non -responsive
determination that may result in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US domestic content per-
centage as approved by the FAA.
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances
emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver - The cost of components and subcomponents produced in the United States is more that 60% of the cost of all
components and subcomponents of the "facility". The required documentation for a type 3 waiver is:
a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on
the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Sub-
part 25.108; products of unknown origin must be considered as non -domestic products in their entirety)
b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly and instal-
lation at project location.
c) Percentage of non -domestic component and subcomponent cost as compared to total "facility" component and subcom-
ponent costs, excluding labor costs associated with final assembly and installation at project location.
Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost using non -domestic product
by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non -domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation
Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under
Title 18, United States Code.
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Company Name
Signature
Title
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A4.3.3 Certificate of Buy American Compliance —
Manufactured Product
Certificate of Buy American Compliance for Manufactured Products
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with
their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the
following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by
inserting a checkmark (✓) or the letter X.
❑Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States, or;
b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the cur-
rent FAA Nationwide Buy American Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart
25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances
emerge that the FAA determines justified.
❑The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101 (a)
but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101 (b). By selecting this certification statement,
the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required
documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause for a non -responsive
determination may result in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US domestic content per-
centage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances
emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the
cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content
(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded
by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non -
domestic products in their entirety).
b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly
at place of manufacture.
c) Percentage of non -domestic component and subcomponent cost as compared to total "item" component and
subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.
Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost using non -domestic
product by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non -domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation
Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under
Title 18, United States Code.
Date
Signature
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Company Name Title
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AS CIVIL RIGHTS - GENERAL
ASASOURCE
49 USC § 47123
A5.2 A P P L I C AB I L I TY
Note: This provision is in addition to the Civil Rights — Title VI provisions.
Contract Types — The General Civil Rights Provisions found in 49 USC § 47123, derived from the Airport and Airway Improvement
Act of 1982, Section 520, apply to all sponsor contracts regardless of funding source.
Use of Provision — There are two versions of this provision. One applies to sponsor contracts and the other applies to sponsor
lease agreements and transfer agreements. The sponsor must incorporate the text of the appropriate provision without modifica-
tion.
A5.3CONTRACT CLAUSE
AS.3.1 Sponsor Contracts
GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
A5.3.2 Sponsor Lease Agreements and Transfer Agreements
GENERAL CIVIL RIGHTS PROVISIONS
The tenant/concessionaire/lessee and its transferee agree to comply with pertinent statutes, Executive Orders and such rules as
are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be
excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is
extended to the airport through the Airport Improvement Program.
In cases where Federal assistance provides, or is in the form of personal property; real property or interest therein; structures or
improvements thereon, this provision obligates the party or any transferee for the longer of the following periods:
(a) The period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal
assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) The period during which the airport sponsor or any transferee retains ownership or possession of the property.
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A6 CIVIL RIGHTS — TITLE VI ASSURANCE
MASOURCE
49 USC § 47123
FAA Order 1400.11
A6.2 AP P L I C AB I L I TY
Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of race, color, or national
origin under any program or activity receiving Federal financial assistance. Sponsors must include appropriate clauses from the
Standard DOT Title VI Assurances in all contracts and solicitations.
The clauses are as follows:
A6.2.1 Applicability of Title VI Solicitation Notice
Contract Clause
The Sponsor must include the contract clause in:
Clause Text is Included in
Paragraph
Title VI Solicitation Notice
1) All solicitations for bids, requests for
A6.3.1
proposals work, or material subject to the nondis-
crimination acts and regulations made in
connection with Airport Improvement Program
grants; and
2) All proposals for negotiated agreements
regardless of funding source.
Title VI Clauses for Compliance with
Every contract or agreement, unless the sponsor has
A6.3.2
Nondiscrimination Requirements
determined and the FAA concurs, that the contract or
agreement is not subject to the Nondiscrimination Acts
and Authorities
Title VI Required Clause for Property
As a covenant running with the land, in any deed from
A6.3.3
Interests Transferred from the United
States
the United States effecting or recording a transfer of
real property, structures, use, or improvements
thereon or interest therein to a sponsor.
Title VI Required Clause for Transfer of
As a covenant running with the land, in any future
A6.3.4
Real Property Acquired or Improved
deeds, leases, licenses, permits, or similar instru-
Under the Activity, Facility or Program
ments entered into by the sponsor with other parties
for all transfers of real property acquired or improved
under the activity, facility, or program
Clauses for Construction/Use/Access to
As a covenant running with the land, in any future
A6.3.5
Real Property Acquired Under the
Activity, Facility or Program
deeds, leases, licenses, permits, or similar instru-
ments entered into by the sponsor with other parties
for the construction or use of, or access to, space on,
over, or under real property acquired or improved
under the applicable activity, project, or program
Title VI List Of Pertinent Nondiscrimina-
Insert this list in every contract or agreement, unless
A6.3.6
tion Acts And Authorities
the sponsor has determined and the FAA concurs,
that the contract or agreement is not subject to the
Nondiscrimination Acts and Authorities
A6.3CONTRACT CLAUSE
A6.3.1 Title VI Solicitation Notice
Title VI Solicitation Notice:
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a .
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§
2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that 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 will not be discriminated against on the grounds of race, color, or national origin in consideration
for award.
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a
A6.3.2 Title VI Clauses for Compliance with Nondiscrimination Re-
quirements
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:
I. 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 amended from time to time, which are herein incorpo-
rated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on
the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited
by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, pro-
ject, 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 pro-
curements 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 infor-
mation, 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 fumish 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.
S. 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 subcon-
tract, 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 subcontrac-
tor, 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.
A6.3.3 Title VI Clauses for Deeds Transferring United States Prop-
erty
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements
thereon, or granting interest therein from the United States pursuant to the provisions of the Airport Improvement Program grant
assurances.
NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the (Title of Sponsor)
will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative
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R
Authority), for the (Airport Improvement Program or other program for which land is transferred), and the policies and
procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation
pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-
4), does hereby remise, release, quitclaim and convey unto the (Title of Sponsor) all the right, title and interest of the U.S.
Department of Transportation/Federal Aviation Administration in and to said lands described in (Exhibit A attached hereto or
other exhibit describing the transferred property) and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto (Title of Sponsor) and its successors forever, subject, however,
to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period
during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits and will be binding on the (Title of Sponsor), its succes-
sors and assigns.
The (Title of Sponsor), in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree
as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]' (2) that the (Title of
Sponsor) will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of
any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute
property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction].`
('Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make
clear the purpose of Title VI.)
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A6.3.4 Title VI Clauses for Transfer of Real Property Acquired or Im-
proved Under the Activity, Facility, or Program
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR
PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the (Title of
Sponsor) pursuant to the provisions of the Airport Improvement Program grant assurances.
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representa-
tives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
[in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in
this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity,
facility, or program is extended or for another purpose involving the provision of similar services or bene-
fits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in
compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the
Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be other-
wise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination
covenants, (Title of Sponsor) will have the right to terminate the (lease, license, permit, etc.) and to enter, re-
enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had
never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the (Title of
Sponsor) will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and
facilities will there upon revert to and vest in and become the absolute property of the (Title of Sponsor) and its
assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the
purpose of Title VI.)
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A6.3.5 Title VI Clauses for Construction/Use/Access to Real Prop-
erty Acquired Under the Activity, Facility or Program
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by (Title of
Sponsor) pursuant to the provisions of the Airport Improvement Program grant assurances.
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representa-
tives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in
the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such
land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be ex-
cluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee,
licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pur-
suant to the List of discrimination Acts And Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination
covenants, (Title of Sponsor) will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued.'
C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, (Title of Spon-
sor) will there upon revert to and vest in and become the absolute property of (Title of Sponsor) and its assigns.'
('Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the
purpose of Title VI.)
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I J I
A6.3.6 Title VI List of Pertinent Nondiscrimination Acts and
Authorities
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 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation
of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the
basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of
age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination
based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of
the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain test-
ing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the
basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income
Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and ac-
tivities with disproportionately high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency
guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities (20 U.S.C. 1681 et seq).
A7 CLEAN AIR AND WATER POLLUTION CONTROL
A7.ISOURCE
2 CFR § 200, Appendix II(G)
A7.2 A P P L I C A B I L I T Y
Contract Types — This provision is required for all contracts and lower tier contracts that exceed $150,000.
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of Appendix II to 2 CFR §200.
A7.3 CONTRACT CLAUSE
CLEAN AIR AND WATER POLLUTION CONTROL
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Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
U.S.C. § 740-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees
to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmen-
tal Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
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A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
A8.ISOURCE
2 CFR § 200, Appendix II(E)
A8.2AP P L I C AB I L I TY
Contract Workhours and Safety Standards Act Requirements, (CWHSSA) requires contractors and subcontractors on covered
contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of
pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on
federally assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the
compensation requirements of this Act, while DOL's Occupational Safety and Health Administration (OSHA) enforces the safety
and health requirements
Contract Types —
Construction - This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers,
mechanics, watchmen and guards.
Equipment- This provision applies to any equipment project exceeding $100,000 that involves installation of equipment
onsite (e.g. electrical vault equipment). This provision does not apply to equipment acquisition projects where the manu-
facture of the equipment takes place offsite at the vendor plant (e.g. ARFF and SRE vehicles)
Professional Services - This provision applies to professional service agreements that exceed $100,000 and employs la-
borers, mechanics, watchmen and guards. This includes members of survey crews and exploratory drilling operations.
Property— While most land transactions do not involve employment of laborers, mechanics, watchmen and guards, un-
der certain circumstances, a property acquisition project could require such employment. Examples include the
installation of property fencing or testing for environmental contamination
Use of Provision — Sponsors must incorporate this text without modification.
A8.3CONTRACT CLAUSE
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
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 responsi-
ble 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 $10 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 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.
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A9 COPELAND "ANTI -KICKBACK" ACT
A9.1 SOURCE
2 CFR § 200, Appendix II(D)
29 CFR Parts 3 & 5
A9.2APPLICABILITY and PURPOSE
The Copeland (Anti -Kickback) Act (18 U.S.C. 874 and 40 U.S.C. 3145) makes it unlawful to induce by force, intimidation, threat of
dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public
works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled
under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement
of compliance with respect to the wages paid each employee during the preceding week.
Contract Types —
Construction — This provision applies to all construction contracts and subcontracts financed under the AIP program that
exceeds $2,000.
Equipment — This provision applies to all equipment installation projects (e.g. electrical vault improvements) financed un-
der the AIP program that exceeds $ 2, 000. This provision does not apply to equipment acquisitions where the
equipment is manufactured at the vendor's plant (e.g. SRE and ARFF vehicles)
Professional Services - The emergence of different project delivery methods has created situations where Professional
Service Agreements (PSA) includes tasks that meet the definition of construction, alteration or repair as defined in 29
CFR Part 5. If such tasks result in work that qualifies as construction, alteration or repair and it exceeds $2,000, the PSA
must incorporate the Copeland Anti -kickback provision.
Property - Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the
Copeland Anti -Kickback provision would not apply. However, land projects that involve installation of boundary fencing
and demolition of structures would involve laborers and mechanics. The sponsor must include this provision if the land
acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Use of Provision — 29 CFR Part 5 establishes specific language a sponsor must use in construction contracts. The sponsor may
not make any modification to the standard language. A/E firms that employ laborers and mechanics on a task that meets the
definition of construction, alteration or repair are acting as a contractor. The sponsor may not substitute the term "contractor" for
"consultant' in such instances.
A9.3 CONTRACT CLAUSE
COPELAND "ANTI -KICKBACK" ACT
Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as
supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by
any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The
Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee
performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administra-
tion.
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A10 DAVIS-BACON REQUIREMENTS
A10.1 SOURCE
2 CFR § 200, Appendix II(D)
29 CFR Part 5
A10.2 APPLICABILITY
The Davis -Bacon Act ensures that laborers and mechanics employed under the contract receive pay no less than the locally
prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types —
Construction - Incorporate into all construction contracts and subcontracts that exceed $2,000 and include funding from
the AIP program.
Equipment— This provision applies to all equipment installation projects (e.g. electrical vault improvements) financed un-
der the AIP program that exceeds $ 2, 000. This provision does not apply to equipment acquisitions where the
equipment is manufactured at the vendor's plant (e.g. SRE and ARFF vehicles)
Professional Services - The emergence of different project delivery methods has created situations where Professional
Service Agreements (PSA) includes tasks that meet the definition of construction, alteration or repair as defined in 29
CFR Part 5. If such tasks result in work that qualifies as construction, alteration or repair and it exceeds $2,000, the PSA
must incorporate this clause.
Property - Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the pro-
vision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures
would involve laborers and mechanics. The sponsor must include this provision if the land acquisition project involves
employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects - Fencing projects that exceed $2,000 must include this provision.
Use of Provision — 29 CFR Part 5 establishes specific language a sponsor must use. The sponsor may not make any modifica-
tion to the standard language. A/E firms that employ laborers and mechanics on a task that meets the definition of construction,
alteration or repair are acting as a contractor. The sponsor may not substitute the term "contractor" for "consultant" in such
instances.
A10.3 CONTRACT CLAUSE
DAVIS-BACON REQUIREMENTS
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on
behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph
(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part
5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any additional classification and wage
rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract shall be classified in conformance with the wage determina-
tion. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
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(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and
the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits
where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recom-
mendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this
paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall
pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
2 Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representa-
tive of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the
Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved
for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the
name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of
the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforcea-
ble, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the
Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will
submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administra-
tion. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the
payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employ -
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ee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division Web site at http✓/www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contrac-
tors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall
provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the
Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without
weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the
appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection,
copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they
are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction
on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classifica-
tion, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a
State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an accepta-
ble program is approved.
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(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees
to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and
such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for
debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance With Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated
by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in
the contractor's firm is a person or firth ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firth ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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All DEBARMENT AND SUSPENSION
A11.1 SOURCE
2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5
A11.2 APPLICABILITY
The sponsor must verify that the firm or individual that it is entering into a contract with are not presently suspended, excluded or
debarred by any Federal department or agency from participating in federally -assisted projects. The sponsor accomplishes this by:
(1) checking the System for Award Management (SAM.gov) to verify that the firm or individual is not listed in SAM.gov as being
suspended, debarred or excluded, (2) collecting a certification from the firm or individual that they are not suspended, debarred or
excluded, and (3) incorporating a clause in the contract that requires lower tier contracts to verify that no suspended, debarred or
excluded firm or individual are included in the project.
Contract Types — This requirement applies to covered transactions, which are defined in 2 CFR part 180. AIP funded contracts
are non -procurement transactions, as defined by §180.970. Covered transactions include any AIP-funded contract, regardless of
tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the
amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of 2 CFR part 180. For professional service agreements, sponsor may substitute bidder/offeror with consultant.
A11.3 CONTRACT CLAUSE
A11.3.1 Bidder or Offeror Certification
CERTIFICATION OF OFFERER/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.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify
each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror),
above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to 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.
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Al2 DISADVANTAGED BUSINESS ENTERPRISE
Al2.1 SOURCE
49 CFR part 26
All2.2 APPLICABILITY and PURPOSE
A sponsor that anticipates awarding $250,000 or more in AIP funded prime contracts in a federal fiscal year must have an approved
Disadvantaged Business Enterprise (DBE) program on file with the FAA Office of Civil Rights (§26.21). The approved DBE
program will identify a 3-year overall program goal that the sponsor bases on the availability of ready, willing and able DBEs relative
to all businesses ready, willing and able to participate on the project (§26.45).
Contract Types — Sponsors with a DBE program on file with the FAA must include the three following provisions, if applicable:
Clause in all solicitations for proposals for which a contract goal has been established.
Clause in each prime contract
Clause in solicitations that are obtaining DBE participation through race/gender neutral means.
Use of Provision —
1. Solicitations with a DBE Project Goal - 49 CFR §26.53 requires a sponsor's solicitation to address what a con-
tractor must submit on proposed DBE participation. This language is not required for projects where DBE
participation is by race -gender neutral means.
The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets
the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully
these requirements.
The sponsor may require the contractors submittal on proposed DBE participation either with the bid or within a
specified timeframe after bidding.
2. Contracts Covered by DBE Program - Sponsors must incorporate this language if they have a DBE program on
file with the FAA. This includes projects where DBE participation is obtained through race -gender neutral means
(i.e. no project goal). Sections §26.13 and §26.29 establish mandatory language for contractor assurance and
prompt payment. The sponsor must not modify the language.
3. The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must
fully these requirements for a sponsor that is not applying a project specific contract goal but is covered by a DBE
program on file with the FAA.
4. Sponsors that do not have a DBE program on file with the FAA are not required to include DBE provisions and
clauses.
All2.3 CONTRACT PROVISIONS
Al2.3.1 Solicitation Language (Project Goal)
The Owners 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 bid responsiveness, the Bidder or Offeror must submit the following information with their proposal on the fors
provided herein:
(1) The names and addresses of Disadvantaged Business Enterprise (DBE) firs that will participate in the con-
tract;
(2) A description of the work that each DBE fir will perform;
(3) The dollar amount of the participation of each DBE fir 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 Owners project goal;
(5) 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 successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firs the Bidder or
Offeror lists in their commitment. This Bidder or Offeror must submit the DBE's written confirmation of participation ["within 5 days
of receiving the Owners notice of award" or "with the proposal documents as a condition of bid responsiveness"]
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Al2.3.2 Contract Clause
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall 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 result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than (specify number) days from the receipt of each payment the prime contractor receives
from (Name of recipient). The prime contractor agrees further to return retainage payments to each subcontractor within (specify
the same number as above) 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 (Name of
Recipient). This clause applies to both DBE and non -DBE subcontractors.
Al2.3.3 RACE/GENDER NEUTRAL LANGUAGE
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the [Insert Name of Owner] to practice nondiscrimina-
tion 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.
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A13 DISTRACTED DRIVING
A13.1 SOURCE
Executive Order 13513
DOT Order 3902.10
A13.2 APPLICABILITY
The FAA 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 sub -grant.
Contract Types — Sponsors must insert this provision in all AIP funded contracts that exceed the micro -purchase threshold of 2
CFR §200.67 (currently set at $3,500).
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully incorporate
these requirements. .
All3.3 CONTRACT CLAUSE
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and
DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt
and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving
when performing work related to a grant or sub -grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other
work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in
all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the
project.
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A14 ENERGY CONSERVATION REQUIREMENTS
A14.1 SOURCE
2 CFR § 200, Appendix II(H)
A14.2 APPLICABILITY
The Energy Conservation Requirements found in 2 CFR § 200 Appendix II(H) requires this provision on energy efficiency.
Contract Types — The sponsor must include this provision in all AIP funded contracts and lower -tier contracts.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully incorporate
these requirements. Sponsor may substitute "contractor and subcontractor" with "consultant and sub -consultant" for professional
service agreements.
A14.3 CONTRACT CLAUSE
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained
the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq).
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declared ineligible for further Government contracts or federally assisted construction 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.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) 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 the
administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
A15.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or
any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal
Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or
origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast
Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade,
it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which
contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this
contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in
the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.
Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the
EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any
covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these
specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction contractors performing construction work
in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being performed. Goals are published periodically in the
Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs
office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
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. . .
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a
collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these
specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices
and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to
employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.
Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contrac-
tor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The
contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities
at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women
to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority
and female recruitment sources and to community organizations when the contractor or its unions have employment oppor-
tunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street appli-
cant and minority or female referral from a union, a recruitment source, or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not re-
ferred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file
with the reason therefore along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective
bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the
contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include mi-
norities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's
employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall pro-
vide notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting
their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and by posting the company
EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all
employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including
specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the
initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place
of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically includ-
ing minority and female news media, and providing written notification to and discussing the contractor's EEO policy with
other contractors and subcontractors with whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with mi-
nority and female students; and to minority and female recruitment and training organizations serving the contractor's
recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable,
provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of
a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
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I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional oppor-
tunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a dis-
criminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy
and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and neces-
sary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction con-
tractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies
and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative
action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other
similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations
under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness
of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required
to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all
women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person
because of race, color, religion, sex, or national origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to
Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity
Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs.
Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least
as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its
efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company
EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to
keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate
records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different
standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under
the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
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A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
A16.1 SOURCE
29 U.S.C. § 201, et seq
A16.2 APPLICABILITY
The United States Department of Labor (DOL) Wage and Hour Division administers the Fair Labor Standards Act (FLSA). This act
prescribes federal standards for basic minimum wage, overtime pay, record keeping and child labor standards.
Contract Types — Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate
commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have
been moved in or produced for such commerce by any person, are covered by the FLSA.
All consukants, sub -consultants, contractors and subcontractors employed under this federally assisted project must comply with
the FLSA.
Professional Services — 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity.
Because professional firms employ individuals that are not covered by this exemption, the sponsors agreement with a professional
services firm must include the FLSA provision.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the require-
ments of 29 U.S.C. § 201.The sponsor must select contractor or consultant, as appropriate for the contract.
All6.3 CONTRACT CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the
Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage,
overtime pay, recordkeeping, and child labor standards for full and part time workers.
The [contractor I consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [contractor
consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor —
Wage and Hour Division
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A17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
A17.1 SOURCE
31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment
2 CFR part 200, Appendix II(J)
49 CFR part 20, Appendix A
All7.2 APPLICABILITY
Consultants and contractors that apply or bid for an award of $100,000 or more must certify that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or another award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award.
Contract Types — The sponsor must incorporate this provision into all contracts exceeding $100,000.
Use of Provision — Appendix A to 49 CFR Part 20 prescribes language the sponsor must use. The sponsor must incorporate this
provision without modification.
All7.3 CONTRACT CLAUSE
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 em-
ployee 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 at-
tempting 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 coopera-
tive agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub -
awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements)
and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed 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.
A18 PROHIBITION of SEGREGATED FACILITIES
All8.1 SOURCE
41 CFR § 60
A18.2 APPLICABILITY
The contractor must comply with the requirements of the E.E.O. clause by ensuring that facilities they provide for employees are
free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must
be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types — AIP sponsors must incorporate the Prohibition of Segregated Facilities clause in any contract containing the
Equal Employment Opportunity clause of 41 CFR §60.1. This obligation flows down to subcontract and sub -tier purchase orders
containing the Equal Employment Opportunity clause.
Construction - Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair
of buildings, highways, or other changes or improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
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Equipment— On site installation of equipment such as airfield lighting control equipment meets the definition of construc-
tion and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of
the item at a vendor's manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services - Professional services that include tasks that qualify as construction work as defined by 41 CFR
part 60. Examples include the installation of noise monitoring equipment.
Property/Land - Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part
60. Examples include demolition of structures or installation of boundary fencing.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of 41 CFR § 60.
All8.3 CONTRACT CLAUSE
PROHIBITION of SEGREGATED FACILITIES
(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
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 segregated on the basis of race, color, religion, sex, 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 Opportunity
clause of this contract.
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A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
A19.1 SOURCE
20 CFR part 1910
A19.2 APPLICABILITY
Contract Types — All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The
United States Department of Labor Occupational Safety & Health Administration (OSHA) oversees the workplace health and safety
standards wage provisions from OSH.
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsors language must fully satisfy the
requirements of 20 CFR part 1910.
A19.3 CONTRACT CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910
with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized
hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its
compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of
1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with
the U.S. Department of Labor — Occupational Safety and Health Administration.
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A20 PROCUREMENT OF RECOVERED MATERIALS
A20.1 SOURCE
2 CFR § 200.322
40 CFR part 247
A20.2 APPLICABILITY
Sponsors of AIP funded development and equipment projects must comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. Section 6002 emphasizes maximizing energy and resource recovery
through use of affirmative procurement actions for recovered materials identified in the EPA guidelines.
The requirements of § 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition.
Contract Types — This provision applies to any contracts that include procurement of products where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment — Include this provision in all construction and equipment projects
Professional Services and Property— Include this provision if the agreement includes procurement of a product that ex-
ceeds $10,000
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of 2 CFR § 200.
A20.3 CONTRACT CLAUSE
Procurement of Recovered Materials
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the
extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered
materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or,
b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/epawaste/conserve/tools/cpq/products/.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demon-
strate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
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A21 RIGHT TO INVENTIONS
A21.1 SOURCE
2 CFR § 200, Appendix II(F)
37 CFR §401
A21.2 APPLICABILITY
Contract Types — This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that
includes performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment
or professional service contracts unless the contract includes experimental, developmental or research work.
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of Appendix II to 2 CFR part 200.
A21.3 CONTRACT CLAUSE
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the
rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to
Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative
Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14.
Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work.
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A22 SEISMIC SAFETY
A22.1 SOURCE
49 CFR part 41
A22.2 APPLICABILITY
Contract Types — This provision applies to construction of new buildings and additions to existing buildings financed in whole or in
part through the Airport Improvement Program.
Professional Services and Construction — Sponsor must incorporate this clause in any contract involved in the construc-
tion of new buildings or structural addition to existing buildings.
Equipment — Sponsor must include this provision if the project involves construction or structural addition to a building
such as an electrical vault project.
Land — This provision will not typically apply to a property/land project.
Use of Provision — The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of 49 CFR part 41.
A22.3 CONTRACT CLAUSE
A22.3.1 Professional Service Agreements for Design
Seismic Safety
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specifica-
tion that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as
established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building
code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At
the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests
conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent
building code.
A22.3.2 Construction Contracts
Seismic Safety
The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors,
conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by
the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
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A23 TERMINATION OF CONTRACT
A23.1 SOURCE
2 CFR § 200 Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
A23.2 APPLICABILITY
Contract Types — All contracts and subcontracts in excess of $10,000 must address termination for cause and termination for
convenience by the sponsor. The provision must address the manner (i.e. notice, opportunity to cure, and effective date) by which
the sponsor's contract will be affected and the basis for settlement (i.e. incurred expenses, completed work, profit, etc.).
Use of Provision —
Termination for Default - Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for Termi-
nation for Default under a construction contract. The sponsor must not make any changes to this standard language.
Termination for Convenience— The sponsor must include a clause for termination for convenience. The following lan-
guage is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the
sponsor's language must fully satisfy the requirements of Appendix II to 2 CFR part 200.
Equipment, Professional Services and Property — The sponsor may use their established clause language provided that it
adequately addresses the intent of Appendix II(B) to Part 200, which addresses termination for fault and for convenience.
A23.3 CONTRACT CLAUSE
A23.3.1 Termination for Convenience
Termination for Convenience (Construction & Equipment Contracts)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action
may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination,
except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of
any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies,
equipment and materials acquired prior to termination of the work and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will
take possession.
Owner agrees to pay Contractor for:
a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termi-
nation;
b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materi-
als, or equipment as required by the contract documents in connection with uncompleted work;
c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontrac-
tors and Suppliers; and
d) reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the
Owners termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this
contract.
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.
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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.
A23.3.2 Termination for Default
Termination for Default (Construction)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner
termination of this contract due default of the Contractor.
Termination for Default (Equipment)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice- to -Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved exten-
sions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements;
6. Becomes insolvent or declares bankruptcy;
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to
terminate the contract for cause. At the Owner's discretion, the notice may allow the Contractor and Surety an opportunity to cure
the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the
Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for
any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may
withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be
necessary to protect the Owner against loss because of Contractor default.
Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work
arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such
acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the
Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was not in default, or that the
delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the
convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this
contract.
Termination for Default (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 [7] days advance written notice of its intent to terminate the Agreement.
The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date
of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law
or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant
to:
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1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice
directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by
the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date
the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the
termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the
rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Own-
er.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of
terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement
on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owners breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all
services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the
Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omis-
sions in documents that are incomplete as a result of the termination action under this clause.
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A24 TRADE RESTRICTION CERTIFICATION
A24.1 SOURCE
49USC§50104
49 CFR part 30
A24.2 APPLICABILITY
Unless waived by the Secretary of Transportation, sponsors may not use AIP funds on a product or service from a foreign country
included in the current list of countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R)
Contract Types — The trade restriction certification and clause applies to all AIP funded projects.
Use of Provision — 49 CFR part 30 prescribes the language for this model clause. The sponsor must include this certification
language in all contracts and subcontracts without modification.
A24.3 CONTRACT CLAUSE
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror -
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate
against U.S. fines as published by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a
foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a
foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,
fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or
that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The
Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its
certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract
shall be awarded to an Offeror or subcontractor:
(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 U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list
or
(3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good
faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification
without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later
determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administra-
tion may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
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A25 VETERAN'S PREFERENCE
A25.1 SOURCE
49 USC § 47112(c)
A25.2 APPLICABILITY
Contract Types — This provision applies to all AIP funded projects that involve labor to carry out the project. This preference,
which excludes executive, administrative and supervisory positions, applies to covered veterans (as defined under §47112(c))
only when they are readily available and qualified to accomplish the work required by the project.
Use of Provision — The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of 49 U.S.C. § 47112.
A25.3 CONTRACT CLAUSE
VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier
contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered
veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies
when there are covered veterans readily available and qualified to perform the work to which the employment relates.