HomeMy Public PortalAbout069-2014 - Airport - Butler Fairman & Seufert - Airport Layout PlanAGREEMENT BETWEEN
OWNER AND ENGINEER
THIS AGREEMENT is dated as of the ' day of (k I!k
in the year 2014, 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.lndiana 46240
hereinafter called the ENGINEER.
WITNESSETH
WHEREAS the OWNER requires professional engineering services in connection with the
following described project:
Airport Layout Plan (ALP) — The obiective of the proiect is to update Airport Layout Plan to
existina conditions as of the date of this agreement and incorporate future projects to ensure the
airport has the proper planning in place to facilitate its future development needs. The proiect
will acquire new imagery, obstruction analysis, and 1' contours to provide the base map for the
rp oiect.
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.
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Contract 69-2014
SECTION III NOTICE TO PROCEED AND SCHEDULE
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 I 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:
Indianapolis Office, 8450 Westfield Boulevard, Indianapolis, Indiana 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. Sublettina and Assionment
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 Ownership
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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3
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 Responsibilitv
The ENGINEER will exercise reasonable skill, care, and diligence in the performance of
services and will cant' 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
Page 4 of 7
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
ENGINEER shall not retain an employee or
subsequently learns is an unauthorized alien.
or contract with an unauthorized alien. The
contract with a person that the ENGINEER
The ENGINEER shall require its subcontractors, who perform work under this Contract, to
certify to the ENGINEER that the sub -consultant does not knowingly employ or contract with
an unauthorized alien and that the sub -consultant 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.
16. 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 Assians
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. Governina 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. Riohts 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 �J'�!&_�� , 2014.
ENGINEER: OWNER:
BUTLER, FAIRMAN and SEUFERT, INC. Richmond Board of Aviation Commissioners
By:
Attest:
Sarah L. Hutton, Mayor
Page 7 of 7
APPENDIX "A"
SERVICES BY ENGINEER
A. PROJECT DESCRIPTION
Airport Layout Plan (ALP) Update — The objective of the project is to update Airport Lay-
out Plan to existing conditions as of the date of this agreement and incorporate future
projects to ensure the airport has the proper planning in place to facilitate its future de-
velopment needs. The project will acquire new imagery, obstruction analysis, and 1'
contours to provide the base map for the project. The project will require a new bounda-
ry survey to state standards in order to update the property map.
B. SCOPE
After authorization to proceed, the engineer shall:
Administration
a) Conduct kickoff meeting to clarify and define the requirements for the Project
and review available data.
b) Advise the OWNER as to the necessity of the OWNER's providing or obtain-
ing from others data or services, and assist the OWNER in obtaining such
data and services.
c) Prepare one grant application, up to twelve pay requests for a grant, and
prepare closeout documents for one grant. This agreement is limited to one
grant process regardless of grant type.
d) Attend monthly airport Board meeting to report on status.
2. ALP Report
Prepare a report that will include the standard documentation required for the
support of the ALP. Information that will be included is:
Working Paper 1
a) Inventory: Inventory the airport's existing facilities. Facilities include hang-
ars, buildings, apron, auto parking, etc. that are associated with the airport
facilities.
b) Visioning and Forecasting: Prepare an aviation forecast for submission to the
FAA for approval. The forecast will be prepared to the maximum allowable
forecast that is able to be approved by the FAA Chicago Airport District Of-
fice (ADO). Forecasting that that exceeds the ability of the Chicago ADO to
approve will be considered an additional service to this agreement.
Page 1 of 4
Working Paper 2
c) Facilities Development: The physical planning criteria for use in assessing
the adequacy of the existing runway and the consideration of future runway
improvements will be identified. These criteria will be based upon the latest
FAA requirements and standards as they apply to the current and future
levels of activity, critical aircraft, new technology, and the role of the airport.
Runway length requirements will be calculated under the ALP update and
will be utilized for the design aircraft type and typical maximum payloads.
Runway length and strength justification require 500 operations of like air-
craft to be documented by support letters in order to incorporate into the
ALP as a future condition; otherwise it will be shown as an ultimate condi-
tion and may not be eligible for FAA funding until adequate justification is
provided. The justification is the responsibility of the OWNER; however the
ENGINEER will assist in preparing sample letters and forms for the
OWNER to adequately document project justification. Should the OWNER
wish to have the ENGINEER perform the actual justification solicitation the
ENGINEER will provide this service as an additional service.
Other consideration for facilities development will include safety design
standards and wind coverage. The existing complement of navigational
and landing aid facilities and their adequacy and reliability will be reviewed.
The existing approaches will be reviewed and studied. Additional and re-
placement facilities will be determined. Such facilities may include
individual components such as approach lighting systems. For the terminal
areas the need and facility capacity will be determined. The terminal re-
quirements, specifically apron space, will be directly affected by the
development portion of the ALP update. If the demand suggests that sub-
stantial expansion be necessary, viable alternatives will be reviewed to
lessen the impacts on the community by the major expansion projects. A
final look at the concepts and methodologies used in the development of
the plan will be analyzed and refined for the final Airport Layout Plan Up-
date Document.
d) Implementation: Prepare planning estimates for projects identified in the facil-
ities development section and identify the order of priority of implementing.
Priority of implementation shall look at overall demand/need of the project
and the FAA National Plan of Integrated Airport Systems (NPIAS) ranking.
e) A reduced set of ALP Sheets on 11" by 1 T' pages will be part of the report.
3. ALP Plan Set
a) Per FAA Request the airport has been asked to update the entire ALP draw-
ing set and Exhibit "A° Property Map in accordance with FAA AC 150/5070-
6B issued on May 1t 2007 & FAA SOP 2.0 effective October 13t 2013. The
drawings shall be developed utilizing the existing ALP files and other files
from recently completed project. This project will also include new topograph-
ical survey, aerial photogrammetry and other data acquisition identified as
components of other phases of this agreement. The ALP will be developed
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b)
by AutoCAD version 2013 and will include a 24-inch by 36-inch drawing set
consisting of the following sheets:
1. Title
2. Airport Data Table
3. Existing ALP Conditions
4. Future ALP Conditions
5. Ultimate ALP Conditions
6. Airport Vicinity FAR Part 77 Navigable Airspace Plan (2)
7. Terminal Development Plan (2)
8. Existing Runway 6 Approach Plan & Profile
9. Existing Runway 24 Approach Plan & Profile
10. Existing Runway 15 Approach Plan & Profile
11. Existing Runway 33 Approach Plan & Profile
12. Future Runway TBD Approach Plan & Profile
13. Existing Runway 6 Departure Plan & Profile
14. Existing Runway 24 Departure Plan & Profile
15. Existing Runway 33 Departure Plan & Profile
16. Future Runway TBD Departure Plan & Profile
17. Vicinity Land Use Plan
18. Exhibit A — "Property Map"
c) Utilize obstruction analysis and topographical contours from aerial photo-
grammetric data as performed by the subcontractor identified as a
reimbursable expense.
d) Furnish five copies of the plan sheet updates and review them in person with
the OWNER.
e) Provide and submit the minimum plan sheets for review by the Federal Avia-
tion Administration and Office of Aviation of the Indiana Department of
Transportation.
4. Agency Review and Response
a) Provide and submit responses up to two rounds of comments from the Fed-
eral Aviation Administration and Office of Aviation of the Indiana Department
of Transportation as required.
5. Property Map Survey
a) Conducted a field survey to establish the OWNER's approximate existing
property lines for the ALP property map.
b) Identify and obtain deeds for adjacent parcels to the airport for graphical
representation on the ALP property map. Boundary surveys for the adjacent
parcels are not included; however can be added as needed as an additional
service.
Page 3 of 4
6. Aerial Ground Control/Coordination
a) Provide Ground Control for aerial survey and imagery.
b) Collect all on -ground supplemental data needed.
c) Coordinate aerial survey subcontractor.
7. 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.
8. 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 Addi-
tional 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 in-
clude overhead and fixed fee.
Page 4 of 4
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:
1. Provide full information as to ENGINEER's requirements for the Project.
2. Assist the ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative there-
to.
3. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor,
and other consultants 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.
4. Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
5. 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.
6. 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.
7. Obtain necessary easements and right-of-way for the Project, including easement and
right-of-way descriptions, property surveys and boundary surveys.
8. 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 condi-
tions in or relating to existing surface or subsurface structures at or contiguous to the
site.
9. Solicit and provide to the ENGNIEER all project justification support letters.
Page 1 of 1
APPENDIX "C"
SCHEDULE
1. This Agreement will become effective upon the first notice by the OWNER authorizing
services hereafter.
Milestone Time From Notice to Proceed (NTP)
1.
Kick Off Meeting
30 Days after NTP
2.
Property Map Survey
90 Days after NTP
3.
Aerial Survey
90 Days after NTP
4.
ALP Report — Working Paper 1
150 Days after NTP
5.
Preliminary ALP Plan Set
180 Days after NTP
6.
ALP Report — Working Paper 2
240 Days after NTP
7.
Draft ALP Plan Set to FAA
270 Days after NTP
8.
Final ALP report and Plan Set
360 Days after NTP
Schedule is subject to agency review time and the seasonal limitations for the aerial
survey making it to subject to change.
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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 Services under Appendix "A", the following lump sum amounts:
Administration $15,800.00
ALP Report $23,250.00
ALP Plan Set $48.440.00
Agency Review and Response $ 9,600.00
Property Map Survey $ 7,000.00
Aerial Ground Control/Coordination $ 4,960.00
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 $2,200.00
Quantum Spatial (Aerial Survey) $31,038.00
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
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 "D-1"
SCHEDULE OF COMPENSATION
BUTLER, FAIRMAN and SEUFERT, INC.
HOURLY RATE SCHEDULE
Classification
Hourly Rate
E-V
Engineer V (Principal)
$
190.00
E-IV
Engineer IV
$
175.00
E-III
Engineer III
$
145.00
E-11
Engineer II
$
110.00
E-1
Engineer 1
$
80.00
FP -IV
Field Personnel IV (Project Coordinator)
$
148.00
FP -III
Field Personnel III
$
124.00
FP -II
Field Personnel II
$
95.00
FP -I
Field Personnel 1
$
76.00
EA -III
Engineer's Assistant III
$
149.00
EA -II
Engineer's Assistant II
$
113.00
EA-1
Engineer's Assistant 1
$
86.00
S-II
Support Personnel II
$
60.00
S-1
Support Personnel 1
$
56.00
C-II
Clerical11
$
90.00
C-1
Clerical
$
60.00
P-III
Planner/Environmental Specialist III
$
164.00
P-II
Planner/Environmental Specialist II
$
99.00
P-1
Planner/Environmental Specialist 1
$
80.00
GIS-IV
GIS Administrator
$
150.00
GIS-III
GIS Database Administrator
$
125.00
GIS-II
GIS Specialist
$
105.00
GIS-1
GIS Technician
$
86.00
The billing rates
are effective January 2014 and may be adjusted annually (beginning January
2015) to reflect changes in the compensation payable to the ENGINEER.
Page 2 of 2
APPENDIX E
MISCELLANEOUS PROVISIONS
PROVISIONS FOR ALL FEDERALLY FUNDED A/E CONTRACTS
The ENGINEER shall also comply with and include in every sub -tier the following federal clauses,
which the term contractor or sponsor Within these clauses shall have the same meaning as
ENGINEER, whenever federal funding is anticipated.
FAA
* Airports
Required Contact Provisions for Airport Improvement Program and for Obligated Sponsors
Contents
Provisions for all (A/E) Contracts
1. REQUIRED CONTRACT PROVISIONS.
2
2. ACCESS TO RECORDS AND REPORTS. (Reference: 2 CFR § 200.326, 2 CFR § 200.333)
5
3. BUY AMERICAN PREFERENCE. (Reference: 49 USC § 50101)
6
4. CIVIL RIGHTS -GENERAL. (Reference: 49 USC § 47123)
10
S. CIVIL RIGHTS —TITLE VI SURANCES.
11
6. DISADVANTAGED BUSINEP ENTERPRISE. (Reference: 49 CFR part 26)
it
17
7. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 USC § 201,
seq.)
18
8. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 20, Appendix A)
19
9. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 2910)
20
10. RIGHT TO INVENTIONS. (Reference 2 CFR § 200 Appendix II(F))
21
11. TRADE RESTRICTION (Reference: 49 CFR part 30)
22
12. BANNING TEXTING WHILE DRIVING (Reference Executive Order 13513)
23
Additional Provisions for (A/E) Contracts Exceeding $10,000
13. TERMINATION OF CONTRACT. (Reference 2 CFR § 200 Appendix II(B►I
24
Additional Provisions for (A/E) Contracts Exceeding $25,000
14, DEBARMENT AND SUSPENSION (NON -PROCUREMENT). (Reference: 2 CFR part 180 (Subpart C1. 2 CFR part
1200. DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) 25
Additional Provisions for (A/E) Contracts Exceeding $100,000
1. BREACH OF CONTRACT TERMS. (Reference 2 CFR § 200 Appendix II(A)) 26
16. CLEAN AIR AND WATER POLLUTION CONTROL. (Reference: 2 CFR § 200 Appendix ING)) 27
17. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS. (Reference: 2 CFR § 200 Appendix II
LIM 28
Required Provisions Page 1
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1. REQUIRED CONTRACT PROVISIONS.
Federal laws and regulations require that specific contract provisions be included in certain contracts, requests for
proposals, or invitations to bid whether or not the contracts are federally -funded. This requirement is established
within the grant assurances. Other contract provisions are required to be in federally -funded contracts, including
all subcontracts. For purposes of determining requirements for contract provisions, the term contract includes
subcontracts.
The type and magnitude of a project determines whether a provision is required. Some Federal provisions have
dollar thresholds that define when they are applicable. The majority of the Federal provisions may be
incorporated within the contract itself. However, certain Federal notices are required to be identified within the
Notice -to -Bidders.
1.1. GENERAL REQUIREMENT FOR CONTRACTS.
In general, the sponsor must:
1) Physically incorporate these contract provisions (not simply by reference) in each contract funded under
AIP;
2) Require the contractor (including all subcontractors) to insert these contract provisions in each contract
and subcontract, and further require that the clauses be included in all subcontracts;
3) Require the contractor (or subcontractor) to incorporate applicable requirements of these contract
provisions 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
subcontractor, lower -tier subcontractor or service provider; and
5) Not modify the provisions. Minor additions covering state or sponsor requirements may be included in a
separates pplemental specification, provided they do not conflict with federal aws and regulations and
do not change the Intent of the required contract provision.
Subject to the applicability criteria noted in the specific contract provisions, these contract provisions apply to
all work performed on the contract.
1.2. GENERAL REQUIREMENT FOR REQUESTS FOR BIDS (ADVERTISEMENT) AND NOTICE TO BIDDERS
In general, 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. 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) Governmentwide Debarment and Suspension
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6) Governmentwide Requirements for Drug -free Workplace
1.3. GENERAL REQUIREMENTS FOR ALL CONTRACTS ENTERED INTO BY OBLIGATED SPONSORS.
Where noted, the sponsor must include certain notifications in contracts or solicitations for proposals regardless of
funding source.
1.4. FAILURE TO COMPLY WITH PROVISIONS.
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,
3) Seek suspension/debarment, or
4) Any other action determined to be appropriate by the sponsor or the FAA.
1.5. REQUIRED CONTRACT PROVISIONS.
The following list summarizes the contract provisions and to what types of contracts the provisions apply:
All Contracts Regardless of Funding Source
a. Civil Rights — General
b. Civil Rights — Title VI
All AIP Funded Contracts
a. Access to Records and Reports
b. Buy American Preferences
C. Civil Rights — General
d. Civil Rights - Title VI
e. Disadvantaged Business Enterprises
f. Federal Fair Labor Standards Act (Minimum Wage)
g. Lobbying and Influencing Federal Employees
h. Occupational Safety and Health Act
1. Rights to Inventions
j. Trade Restriction Clause
k. Banning Text While Driving
Additional Provisions for AIP Funded Contracts that are $10,000 and greater
a. Termination of Contract
Additional Provisions for AIP Funded Contracts that are $25,000 and greater
a. Debarment and Suspension
Required Provisions Page 3
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Additional Provisions for AIP Funded Contracts that are $100,000 and greater
a. Breach of Contract
b. Clean Air and Water Pollution Controls
C. Contract Work Hours and Safety Standards
Required Provisions Page 4
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Provisions for all (A/E) Contracts
2. ACCESS TO RECORDS AND REPORTS.
(Reference: 2 CFR § 200.326, 2 CFR § 200.333)
2.1. APPLICABILITY.
Applies to all AIP-funded projects and must be included in all contracts and subcontracts.
2.2. MANDATORY CONTRACT LANGUAGE.
The mandatory language that must be used on AIP funded project contracts is as follows:
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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3. BUY AMERICAN PREFERENCE.
(Reference: 49 USC § 50101)
3.1. APPLICABILITY.
The sponsor must meet the Buy American preference requirements found in 49 USC § 50101 in all AIP-
funded projects. 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 in compliance. The Buy
American preference also applies to professional service agreements if the agreement includes any
manufactured product as a deliverable.
3.2. REQUIREMENTS.
The Buy -American preference requirements established within 49 USC § 50101 require that all steel and
manufactured goods used on AIP projects must be produced in the United States. It also gives the FAA the
ability to issue a waiver to the sponsor to use other materials on the AIP funded project. The FAA requires that
these waivers be requested in advance of use of the materials 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 components 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) is considered the equipment in this case. For construction of a facility, the
application of this subsection is determined after bid opening; or
4) applying this provision wou increase the cost of the overall project by more than 25 percent.
3.3. NATIONAL BUY AMERICAN WA ERS WEBSITE.
The FAA Office of Airports maintains a list of equipment that has received waivers from the Buy American
preference requirements on the http://www.faa.gov/airports/alp/buy_american/ website. Products listed on
the Nationwide Buy American Waivers Issued list do not require a project specific Buy American preference
requirement waiver from the FAA.
3.4. MANDATORY CONTRACT LANGUAGE.
The mandatory language that must be used on AIP funded project contracts is as follows:
BUY AMERICAN CERTIFICATION
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 submit the appropriate Buy America certification (below) with all bids or offers on AIP
funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive.
Type of Certification is based on Type of Project:
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There are two types of Buy American certifications.
• For projects for a facility, the Certificate of Compliance Based on Total Facility (Terminal or Building
Project) must be submitted.
• For all other projects, the Certificate of Compliance Based on Equipment and Materials Used on the
Project (Non -building construction projects such as runway or roadway construction; or equipment
acquisition projects) must be submitted.
Certificate of Buy American Compliance for Total Facility
(Buildings such as Terminal, SRE, ARFF, etc.)
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 current 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 maV 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 results in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US domestic
content percentage 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.
Reauired 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
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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 and installation at project location.
c) Percentage of non -domestic component and subcomponent cost as compared to total "facility"
component and subcomponent 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.
Date Signature
Butler, Fairman & Seufert, Inc. Executive Vice President
Company Name Title
sssrr
Certificate of Buy American Compliance for Manufactured Products
(�on-building construction projects, equipment acquisition projects)
As a matter of bid respo siveness, the bidder or offeror must complete, sign, date, and submft 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 current 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.
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❑ 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 percentage 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.
Reauired 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
�) Detailed cost information for total project using non -domestic pliOduct
False Statements: Per 49 USC § 47226, 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
Butler, Fairman & Seufert, Inc. Executive Vice President
Company Name
Title
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4. CIVIL RIGHTS - GENERAL.
(Reference: 49 USC § 47123)
4.1. APPLICABILITY.
The General Civil Rights Provisions found in 49 USC § 47123, derived from the Airport and Airway Improvement Act
of 1982, Section S20, apply to all AIP-funded projects. This provision is in addition to the Civil Rights —Title VI
provisions.
4.2. MANDATORY CONTRACT LANGUAGE.
The mandatory language that must be used on AIP funded project contracts is as follows:
GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees that it will 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
handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the 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.
This provision also 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, except where Federal assistance is
to provide, or is in the form of personal property; real property or interest therein; structures or improvements
thereon.
In these cases the 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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S. CIVIL RIGHTS —TITLE VI ASSURANCES.
Appropriate clauses from the Standard DOT Title VI Assurances must be included in all contracts and solicitations.
The clauses are as follows:
1) Title VI Solicitation Notice
2) Title VI Clauses for Compliance with Nondiscrimination Requirements.
3) Title VI Required Clause for Land Interests Transferred from the United States
4) Title VI Required Clause for Real Property Acquired Or Improved by the sponsor subject to the
nondiscrimination Acts and Regulations.
5) Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program
6) Title VI List Of Pertinent Nondiscrimination Statutes And Authorities
5.1. APPLICABILITY.
The sponsor must insert the Title VI Solicitation Notice in:
1) All solicitations for bids, requests for proposals work, or material subject to the nondiscrimination acts
and regulations made in connection with Airport Improvement Program grants; and
2) All proposals for negotiated agreements regardless of funding source
The Sponsor must insert the Title VI required contract clause and the Title VI list of Pertinent Nondiscrimination
Statutes and Authorities in every contract or agreement, unless the sponsor has determined and the FAA has
agreed, that the contract or agreement is not subject to the nondiscrimination Acts and the Regulations.
The sponsor must insert the clauses of Title VI Clauses for Deeds Transferring United States Property, as a
covenant running with the land, in any deed from the United States effecting or recording a transfer of real
property, structures, use, or improvements thereon or interest therein to a sponsor.
The sponsor must include the Title VI Clauses for Transfer of Real Property Acquired or Improved Under the
Activity, Facility, Or Program, the Title VI Clauses for Construction/Use/Access to Real Property Acquired Under
the Activity, Facility or Program, and the Title VI List of Pertinent Nondiscrimination Authorities, as a covenant
running with the land, in an future deeds, leases, licenses, permits, or similar instruments enter into by the
sponsor with other parties : I I
1) For the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
2) 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.
5.2. MANDATORY CONTRACT LANGUAGE.
5.2.1. Thk Vl Solkitatlon Notke
(Source: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the Federal
Aviation Administration)
Title VI Solicitation Notice:
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 an award.
Required Provisions Page 11
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S.ZZ Title Vl Clauses Jbr Compliance with Nondiscrimination Requirements
(Source: Appendix A of Appendix 4 of FAA Order 1400.12, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration)
Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title
VI Ust of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to
time, which are herein incorporated 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 Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix 6 of
49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts
and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where a4y information required of a contractor is in the exclusive possessiontr
another who fails or
refuses t furnish the information, the contractor will so certify to the sponso the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the sponsor will impose such contract sanctions as It or the Federal Aviation
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the
Required Provisions Page 12
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, n �
sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the
Interests of the United States.
5.2.3. Tide V1 Clauses for Deeds Transferring United States Property
(Source: Appendix B of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration)
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
Approorlate Legislative AuthedW, 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 ofSoonsor) 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 (Titk of Sponsor), its successors and assigns.
The (Tide 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
ground of race, color, or national origin, be excluded from participation in, a denied the benefits of, or be
otherw se subjected to discrimination with regard to any facility located wh Ily or In part on, over, or under such
lands hereby conveyed [,] [and]' (2) that the (Mk ofSponsorl 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, Nondiscrimination 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 nondiscrimination 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.)
5.2.4. Titk V1 Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility,
or Program
(Source: Appendix C of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration)
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR
PROGRAM
Required Provisions
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, " I ,
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
(Tltk ofSaonsor) 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
representatives, 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:
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 benefits, 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 otherwise subjected to discrimination in the use of said facilities.
With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, (Tltk ofSDonsorl 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
or 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
Soonsori 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.)
S.2.S. Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity,
Facility or Program
(Source: Appendix D of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration)
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 ofSoonsor) 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
representatives, 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 excluded 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 pursuant to the List of Pertinent
Nondiscrimination Authorities.
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B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
nondiscrimination covenants, (Title of Soonsorl 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 o
Soonsorl will there upon revert to and vest in and become the absolute property of (Title ofSnonsor) and its
assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to
make dear the purpose of Title VI.)
5.L6. Title V1 Ust of Pertinent Nondiscrimination Authorities
(Source: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the
Federal Aviation Administration)
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,V9 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 etseq.), (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 testing entities (42 U.S.C. §§ 12131— 22189) as implemented by Department
of Transportation regulations at 49 CFR parts 37 and 38;
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• 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 discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. 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).
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6. DISADVANTAGED BUSINESS ENTERPRISE.
(Reference: 49 CFR part 26)
6.1. APPLICABILITY.
The Disadvantaged Business Enterprise requirements found in 49 CFR part 26, apply to all AIP-funded projects and
must be included in all contracts and subcontracts. This includes both project with contract goals and project
relying on race/gender neutral means.
6.2. MANDATORY CONTRACT LANGUAGE.
The mandatory language that must be used on AIP funded project contracts is as follows. Other than to insert
appropriate Sponsor information into the noted spaces, the Sponsor must not modify these contract clauses:
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 (126.29)- 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.
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FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
(Reference: 29 USC § 201, et seq.)
7.1. APPLICABILITY.
The federal minimum wage provisions are contained in the Fair labor Standards Act (FLSA) which is administered
by the United States Department of Labor Wage and Hour Division. All contracts and subcontracts must meet
comply with the FLSA, including the recordkeeping standards of the Act.
7.2. MANDATORY CONTRACT LANGUAGE.
All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference,
with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance
to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agencywith enforcement responsibilities.
Requirement Federal Agency with Enforcement Responsibilities
Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor — Wage and Hour Division
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8. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
(Reference: 49 CFR part 20, Appendix A)
8.1. APPLICABILITY.
The Lobbying and Influencing Federal Employees prohibition found in 49 CFR part 20, Appendix A, applies to all
AIP-funded projects and must be included in all contracts and subcontracts.
8.2. MANDATORY CONTRACT LANGUAGE.
The mandatory language that must be used on AIP funded project contracts is as follows:
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge
and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to
any person for influencing or attempting to Influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions.
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
ubject to a civil penalty of not less than $10,000 and not more than 1
100,000 for each such failure.
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9. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(Reference 20 CFR part 1910)
9.1. APPLICABILITY.
The United States Department of labor Occupational Safety & Health Administration (OSHA) oversees the
workplace health and safety standards wage provisions from the Occupational Safety and Health Act of 1970. All
contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970.
9.2. MANDATORY CONTRACT LANGUAGE.
All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference,
with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance
to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agencywith enforcement responsibilities.
Requirement
Federal Agency with Enforcement Responsibilities
Occupational Safety and Health Act of 1970 (20 CFR Part
1910)
U.S. Department of Labor —Occupational Safety and
Health Administration
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10. RIGHT TO INVENTIONS.
(Reference 2 CFR § 200 Appendix II(F))
10.1. APPLICABILITY.
The requirement for rights to inventions and materials found in 2 CFR 1200 Appendix II(F) applies to all AIP-funded
projects and must be included in all contracts and subcontracts.
10.2. MANDATORY CONTRACT LANGUAGE.
The regulation does not prescribe mandatory language, however the following clause represents sample language
that meets the intent of 2 CFR § 200 Appendix ll(F).
RIGHTS TO INVENTIONS
All rights to Inventions and materials generated under this contract are subject to requirements and regulations
issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
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11. TRADE RESTRICTION
(Reference: 49 CFR part 30)
11.1. APPLICABILITY.
The trade restriction clause applies to all AIP-funded projects and must be included in all contracts and
subcontracts.
11.2. MANDATORY CONTRACT LANGUAGE.
The mandatory language is as follows:
TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
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. firms published by the Office of the United States Trade Representative (USTR);
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 on said list, or is owned or controlled directly or indirectly by one or more citizens
or nationals of a foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any product for use on the project that is
produced in a foreign country on said list.
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 a contractor or subcontractor who is unable to certify to the above. If the
contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on
said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation
of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will Incorporate this
provision for certification without modification in each contract and in all lower tier subcontracts. The
contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the
certification is erroneous.
The contractor shall provide immedi a written notice to the sponsor if the contractor learns that its certi cation
or that of a subcontractor was erron us when submitted or has become erroneous by reason of changed
circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that
Its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. If
it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for
default at no cost to the Government.
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.
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.
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12. BANNING TEXTING WHILE DRIVING
(Reference: 49 CFR part 30)
(Reference: In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009)
12.1 Applicability
Clause applies to all AIP-funded projects and must be included in all contracts and subcontracts.
12.2 The Sponsor is encouraged to:
1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf of,
the Federal government, including work relating to a grant or subgrant.
2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such
as:
a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and
b) Education, awareness, and other outreach to employees about the safety risks associated with
texting while driving.
The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts
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Additional Provisions for (A/E) Contracts Exceeding $10,000
13. TERMINATION OF CONTRACT.
(Reference 2 CFR § 200 Appendix II(B))
13.1. APPLICABILITY.
Incorporate in all contracts and subcontracts that exceed $10,000.
13.2. MANDATORY CONTRACT LANGUAGE.
TERMINATION OF CONTRACT
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the
Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice
services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor.
b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be
made, but no amount will be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and
prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the Sponsor
for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had
not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. in such
event, adjustment in the contract price will be made as provided in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies
provided by law or under this contract.
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1 1E461 6 1
Additional Provisions for (A/E) Contracts Exceeding $25,000
14. DEBARMENT AND SUSPENSION (NON -PROCUREMENT).
(Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment
Procedures & Ineligibility)
14.1. APPLICABILITY.
The contract agreement that ultimately results from this solicitation is a "covered transaction" as defined by Title 2
CFR Part 180. Bidder must certify at the time they submit their proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from participation in this transaction. The
bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart
C by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction".
Incorporate in all contracts and subcontracts that exceed $25,000.
14.2. MANDATORY CONTRACT LANGUAGE.
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder
or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any
Federal department or agency from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
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 Ia clause or condition in the covered transaction with the lower tier Zas
tract
P P BIf the FAA later determines that a lower tier artici ant failed to tell a hi her tier that excluded or
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, Including
suspension and debarment.
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7.4"c t $
Additional Provisions for (A/E) Contracts Exceeding $100,000
15. BREACH OF CONTRACT TERMS.
(Reference 2 CFR § 200 Appendix II(A))
15.1. APPLICABILITY.
This provision is required in all contracts that exceed the simplified acquisition threshold. This threshold, fixed
at 41 USC 403(11), is presently set at $100,000.
15.2. MANDATORY CONTRACT LANGUAGE.
The regulation does not prescribe mandatory language, however the following clause represents sample language
that meets the intent of 2 CFR § 200 Appendix II(A). This provision requires grantees to incorporate administrative,
contractual or legal remedies in instances where contractors violate or breach contract terms.
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. 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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16. CLEAN AIR AND WATER POLLUTION CONTROL.
(Reference: 2 CFR § 200 Appendix II(G))
16.1. APPLICABILITY.
Incorporate in all professional service agreements, construction contracts and subcontracts that exceed
$150,000.
16.2. MANDATORY CONTRACT LANGUAGE.
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C.1857 et seq. and
Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. relating to inspection,
monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section
308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding
official of the receipt of any communication from the EPA indicating that a facility to be used for the performance
of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the
aforementioned criteria and requirements.
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17. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS.
(Reference: 2 CFR § 200 Appendix II (E))
17.1. APPLICABILITY.
Incorporate in all professional service agreements, construction contracts and subcontracts that exceed
$100,000.
17.2. MANDATORY CONTRACT LANGUAGE.
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) above, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph 1 above, 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 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the partment of labor withhold or cause to be withheld, from any moni s
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 above.
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 i through 4 of this section.
Required Provisions
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