uuuu, lI lI CIIVCIUPt1 IU. JCJ I I IU- OJ'+- YOlI,- UUV- I, ULG C4MU I/ 11 1+
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT ( Agreement) is made and entered into, effective February 15, 2023 , by and between the CITY OF FRESNO, a California municipal corporation ( City), and RS& H CALIFORNIA, INC., a California corporation Consultant).
RECITALS
WHEREAS, the City desiresto obtain professionalPlanningand Environmental services for FAT Air Traffic Control Tower Replacement and Implementation Study Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a Airport Planningand Environmentalconsultantand herebyrepresentsthat it desiresto and is professionallyand legally capableof performingthe services calledfor by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which the Consultant shall provide professional services, to be paid with Airport funds and reimbursed with pledged Federal Aviation Administration Entitlement Funds as they are made available; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4- 107 and Administrative Order No. 6- 19; and
WHEREAS, this Agreement will be administered for City by its Director of Aviation Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, suchserviceseventhoughnot specificallydescribedin Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2026, subjectto anyearlierterminationin accordancewiththisAgreement. Theservices of the Consultant as described in Exhibit A are to commence upon the City's issuance of a written " Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within one thousand ninety- five consecutive FYI-S FedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 1-
L/ UUU01 II CI IVCIupu IU. JCJ I I IU- OJO' i-' i0/ IMI, I. calendar days from such authorization to proceed.
3. Compensation.
a) The Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of $362, 585. Such fee includes all expenses incurred by the Consultant in performance of the services.
b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business.
c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant' s compensation. Any change in the scope of services must be made by written amendmentto the Agreementsigned by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment.
4. Termination. Remedies. and Force Maieure.
a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: ( i) the Consultant' s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; ( ii) seven calendar days prior written notice with or without cause by the City to the Consultant; ( iii) the City's non -appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. b) Immediately upon any termination or expiration of this Agreement, the Consultant shall ( i) immediately stop all work hereunder; ( ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the Cityany and all unearnedpaymentsand all propertiesand materialsin the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paidfor any work or services performed or costs incurred which reasonably could have been avoided.
c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordancewith the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City's damages caused by such failure. In no event shall any paymentby the City pursuantto thisAgreementconstitutea waiverby the Cityof any breachof this Agreementwhich maythen existon the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach.
d) Upon any breach of this Agreement by the Consultant, the City may FYI-S Fed FundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 2-
LIVUUJIIJ. II CIIv CIVF/C IU. JCJ I I IU- OOD4- 4011,- OUVV- l L1LLCVMLI IMl. li i) exercise any right, remedy (in contract, law or equity), or privilege which maybeavailableto it underapplicablelawsof the Stateof Californiaor any other applicable law; ( ii) proceed by appropriate court action to enforce the terms of the Agreement; and/ or ( iii) recover all direct damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
e) The Consultantshall providethe Citywith adequatewrittenassurancesof future performance, upon Director's request, in the eventthe Consultant fails to comply with any terms or conditions of this Agreement. f) The Consultant shall be liable for default unless nonperformance is caused by an occurrencebeyond the reasonablecontrol of the Consultantand without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonablypossible after the commencementof any excusable delay, settingforth the full particularsin connectiontherewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence.
5. Confidential Information Ownership of Documents and Copyright License. a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. b) Any and all original sketches, penciltracingsof workingdrawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreementare the propertyof the City at the time of preparationand shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, FYI-S FedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 3-
VUUUJIYII CIIVCIUFJC IU. JGJ I I IU- OJD'#-'+ Ol1J- D000- IiUGGC4ML1 IM%- A1 tracings, plans, computations, specifications, computerdisk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultantwill be at the City's sole risk and withoutliabilityor legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between the partiesheretothat inasmuchas the Consultantrepresentsto the Citythat the Consultant and its subcontractors, if any, are skilled in the profession and shall performin accordancewith the standardsof said professionnecessaryto perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operateas a release of the Consultantor any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, the Consultant shall indemnify and hold harmless the City and each of its officers, officials, and employees from any and all loss, liability, fines, penalties, forfeitures, costs anddamages (whetherin contract, tort or strict liability, includingbut not limitedto personalinjury, deathat anytimeand property damage), andfrom any and all third -partyclaims, demands, andactionsin law or equity (includingreasonableattorney's fees, and litigationexpensesand cost to enforce this Agreement) to the extent caused by the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be performedunderthis Agreement, the Consultantshall requireeachsubcontractor to indemnifyand holdharmlessthe Cityand eachof its officers, officials, and employees in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admittedbythe CaliforniaInsuranceCommissioner to do business in the State of California and rated no less than " A-VII" in the Best's InsuranceRatingGuide, or (ii) as maybe authorizedinwritingbythe City's RiskManageror designeeat anytime and in its solediscretion. The FYI-S FedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 4-
UUUUJIIY.II CIIVt1upt; IU. JCJ 1 I IU- OODV- 40ll- DVVV- IiULLC' 4F1L/ I/'1lrl. requiredpoliciesof insuranceas statedin ExhibitB shallmaintainlimitsof liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
b) If at any time during the life of the Agreement or any extension, the Consultantor any of its subcontractors/sub-consultantsfail to maintainany required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by theCitythatthe requiredinsurancehasbeenrestoredtofullforceandeffect andthatthe premiumsthereforehavebeenpaidfor a periodsatisfactoryto the City. Any failureto maintainthe requiredinsuranceshall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuantto this sectionshall in any way relievethe Consultantof its responsibilities under this Agreement. The phrase " fail to maintain any required insurance" shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedingscommencedagainstit, indicatingthat the insureris insolvent. c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnityprovisionsof this Agreement. The dutyto indemnifytheCityshallapplyto allclaimsandliabilityregardlessof whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relievefrom liabilitynor limit the liabilityof the Consultant, itsprincipals, officers, agents, employees, personsunderthesupervisionof the Consultant, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/ sub- consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except thatanyrequiredcertificatesandapplicableendorsementsshallbeonfile with the Consultant and the City prior to the commencement of any services bythesubcontractor. theConsultantandanysubcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, andvolunteersby usingInsuranceServiceOffice (ISO) Form CG 20 10 04 13 or both CG 20 10 04 13 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
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IHI. I.
9. Conflict of Interest and Non - Solicitation.
a) Prior to the City's execution of this Agreement, the Consultant shall completea City of Fresnoconflictof interestdisclosurestatementin the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writingof any changeto the informationprovidedby the Consultantin such statement.
b) The Consultantshall comply, andrequireitssubcontractorsto comply, with all applicable ( i) professional canons and requirements governing avoidance of impermissible client conflicts; and ( ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act ( California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification ( 2 California Code of Regulations Section 18700 et. seq.) and Section 4- 112 of the Fresno Municipal Code ( Ineligibility to Compete). At any time, upon written requestof the City, the Consultant shall provide a written opinion of its legal counsel and that, of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor( s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest.
Upondiscoveryof any facts givingrise to the appearanceof a conflictof interest, the Consultant shall immediately notify the City of these facts in writing.
c) Inperformingtheworkor servicesto beprovidedhereunder, the Consultant shall not employor retain the servicesof any personwhile such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar City body. This requirement may bewaivedin writingby the CityManager, if no actualor potentialconflictis involved.
d) The Consultant represents and warrants that it has not paid or agreed to payanycompensation, contingentor otherwise, director indirect, to solicit, or procurethis Agreementor anyrights/benefitshereunder. e) Neither the Consultant, nor any of the Consultant' s subcontractors performinganyservicesonthisProject, shallbidfor, assistanyonein the preparationof a bid for, or performany services pursuantto, any other contract in connection with this Project. the Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connectionwith this Projectunlesssuch interestis in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
f) If the Consultant should subcontract all or any portion of the work to be performedorservicesto beprovidedunderthisAgreement, theConsultant FYI-SFedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 0-2
UUUUJ IYII I -IIVuluyC IU. JCJ I I I U- 0001h- 401 V- D000- IiULer--/ MU IMI+ I, shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Proaram. In the event the Consultant maintains an office or operates a facility( ies), or is required herein to maintain or operate same, within the incorporatedlimits of the City of Fresno, the Consultant at its sole cost and expense shall:
a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste ManagementDivision, for each office and facility. Literature describing the City recycling programs is available from the City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
b) Immediately contact the City's Solid Waste Management Division at 559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. c) Cooperate with and demonstrate to the satisfaction of the City' s Solid Waste Management Division the establishment of the recycling program in paragraph (a) aboveandthe ongoingmaintenancethereof.
11. General Terms and Federal Assurances.
a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically providedfor, shall be effectiveonlyif signedby the Directoror designee. b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generallyrecognizedaccountingbasis and shall be availableto the Cityoritsauthorizedrepresentativesuponrequestduringregularbusiness hours throughout the life of this Agreement and for a period of three years afterfinal paymentor, if longer, for any periodrequiredby law. In addition, ali books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If anylitigation, claim, negotiations, auditorotheractioniscommencedbefore the expiration of said time period, all records shall be retained and made availableto the City until such actionis resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontractall or any portionof the servicesto be performedunderthis Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11( b) shall survive expiration or termination of this Agreement.
c) Prior to execution of this Agreement by the City, the Consultant shall have providedevidencetotheCitythattheConsultantislicensedtoperformthe servicescalledfor by this Agreement (or that no licenseis required). If the Consultant should subcontract all or any portion of the work or services to be performedunderthis Agreement, the Consultantshallrequireeach FYI-S FedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 7-
UUUU, Di lI CIIvulupC IU. JCJ 1 IU IL)- OJD'#- VO/ l,- OUVO- IJU44C' 1ML/ IMVI subcontractor to provide evidence to the City that subcontractor is licensed to performthe servicescalledfor by this Agreement (or that no licenseis required) before beginning work.
d) The City will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, the Consultant agreesto complywith all applicablefederalassurancesidentifiedin Exhibit D and require that each subcontract include the same assurances by each of its subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and duringthe performanceof this Agreement, the Consultantagreesasfollows:
a) the Consultant will comply with all applicable laws and regulations providing that nopersonshall, on the groundsof race, religiouscreed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant' s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuousplaces, availableto employeesand applicantsfor employment, notices setting forth the provision of this nondiscrimination clause.
c) the Consultant will, in all solicitations or advertisements for employees placedby or on behalfof the Consultantin pursuithereof, statethat all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, FYI-S FedFundEng. Serv. CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H of
UUUU, DiyII CIIVCIUFIC IU. JCJ I IU IU- OJO4-' FOI1 - 000U- I-IV44C4MU IMI+ I+ sexualorientation, ethnicity, statusas a disabledveteranor veteranof the Vietnam era.
d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant' s commitment under this section and shall postcopiesofthenoticeinconspicuousplacesavailabletoemployeesand applicants for employment.
e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
a) Inthefurnishingofthe servicesprovidedfor herein, the Consultantisacting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associateof the City for any purpose. The City shall have no right to control or supervise or direct the manner or method bywhichtheConsultantshallperformitsworkandfunctions. However, the City shall retainthe right to administerthis Agreementso as to verify that the Consultantis performingits obligationsin accordancewith the terms and conditions thereof.
b) This Agreement does not evidence a partnership or joint venture between the Consultantandthe City. The Consultantshall havenoauthorityto bind the City absent the City's express written consent. Except to the extent otherwiseprovided in this Agreement, the Consultantshall bear its own costs and expenses in pursuit thereof.
c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultantshall be solely liable and responsiblefor all payrolland tax withholdingandfor providingto, or on behalfof, its employeesall employee benefitsincluding, withoutlimitation, health, welfareandretirementbenefits.
In addition, together with its other obligations under this Agreement, the Consultantshall besolelyresponsible, indemnify, defendandsavethe City harmlessfrom all mattersrelatingto employmentand tax withholdingfor andpaymentoftheConsultant's employees, including, withoutlimitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and ( ii) any claim of right or interest in the City employment benefits, entitlements, programsand/orfundsofferedemployeesof the City whetherarising by reasonof any commonlaw, de facto, leased, or co- empioyee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others FYI-S FedFundEngSeryCSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H BE
VUUUJ IYII CI IVwuptz IV. JCJ I I IU- OJD' F-'?O/ l.r-DUUV- 1.iVLGC'# F1V IMI, V unrelated to the City or to this Agreement.
14. Notices. Any noticerequiredor intendedto begivento eitherpartyundertheterms of this Agreementshall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registeredor certified mail, with postage prepaid, returnreceiptrequested, addressedto thepartytowhichnoticeisto be givenat theparty's addresssetforthonthesignaturepageofthisAgreementor at such other address as the parties may from time to time designate by written notice. Noticesservedby UnitedStatesmailin the mannerabovedescribedshall be deemedsufficientlyservedor givenat thetime of the mailingthereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be bindingupon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.
16. Assignment.
a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attemptedassignmentby the Consultant, its successorsor assigns, shall be null and void unless approved in writing by the City Manager or designee.
b) The Consultantherebyagreesnotto assignthe paymentof anymoniesdue the Consultant from the City under the terms of this Agreement to any other individual( s), corporation( s) or entity( ies). The City retains the right to pay any and all moniesdue the Consultantdirectlyto the Consultant.
17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall exercise the standard of care at all times and comply with applicable laws of the United States, the State of California and the City, and with applicable regulations promulgated by federal, state, regional, or local administrativeandregulatoryagencies, nowinforceandas they maybe enacted, issued, or amended during the term of this Agreement.
18. Waiver. Thewaiverbyeitherpartyof a breachbythe otherof any provisionof this Agreementshallnotconstitutea continuingwaiveror a waiverof anysubsequent breach of either the same or a different provision of this Agreement. No provisions ofthisAgreementmaybewaivedunlessinwritingandsignedbyallpartiestothis Agreement. Waiverofanyoneprovisionhereinshallnotbedeemedto bea waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, anyconflictoflawsrulewhichwouldapplythelawofanotherjurisdiction.
Venuefor purposesof the filing of any actionregardingthe enforcementor interpretationof this Agreement and any rights and duties hereundershall be Fresno County, California.
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20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolvedbyconstruingthisAgreementinfavorofor againsteitherparty, butrather by construingthe termsin accordancewiththeirgenerallyacceptedmeaning.
23. Attornev' c Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailingpartyinsuchproceedingor actionshallbeentitledto recoverfrom the otherpartyitsreasonableattorney's feesandlegalexpenses. Prevailingparty is the party who recovers greater than 67% of its total claims in the action or who is required to pay no more than 33% of the other party' s total claims in the action when considered in the totality of claims and counterclaims, if any. In claims for monetarydamages, thetotalamountof recoverableattorney's feesandcostsshall not exceed the net monetary award of the prevailing party. 24, Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this Agreementandanyexhibitor attachmenthereto, the termsand conditionsof the bodyof this Agreementshallcontrolandtakeprecedenceoverthe termsand conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modifytheallocationof riskbetweenthe parties, providedfor withinthebodyof this Agreement, shall be null and void.
26. Cilmu! ati%te Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. No Third i='arty Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
28. Extent of Aareement. Each party acknowledgesthat they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorizedandexecutedby boththe Cityandthe Consultant.
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The CityManager, or designee, is herebyauthorizedand directedto executeand implement this Agreement. The previoussentenceis notintendedto delegateany authority to theCityManagerto administerthe Agreement, any delegationof authority must be expresslyincluded in theAgreement. Signatures
follow on the next page]. FYI-
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a Calif b , ipal corporation
By: R
r '' 6MpS6V,2/15/2023
Henry ompsdn, A. A. E., C. A. E., IAP
Director of Aviation
Airports Department
No signature of City Attorney required.
Standard Document # FedFund Eng.
CSA, Short Form, Total Fee ( 11- 2022)
has been used without modification, as
certified by the undersigned.
lo, By:
Ma k W. Davis
Airports Planning Manager
Airports Department ;
I t/
REVIEWED BY: a
J/
Richard Madrigal, Airports , rojects
Supervisor
Airports Department
ATTEST:
TODD STERNIER, CMC
City
Clj
cDocuS:,,a,dby:
By: _ ' rl,q, h g6Lkr -
2/ 15/ 2023
11F
Deputy
Addresses:
CITY:
City of Fresno
Attention: Mark W. Davis,
Airports Planning Manager
Fresno, CA 93727
Phone: ( 559) 621- 4532
E- mail: mark. davis@fresno. gov
RS& H CALIFORNIA, INC.,
a California corporation
Name: Jose h P. Jackson
Title: President
If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: {-_.: lll r, t,C:_
Name: Evan Pfahler
Title: Vice President / Treasurer
If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: N/ A
Name:
Date of Issuance:
CONSULTANT:
RS& H California, Inc.
Attention: Joseph P. Jackson,
President
369 Pine St. Suite 610
San Francisco, CA 94104
Phone: ( 630) 300- 8511 ( cell)
E-mail: Joe. Jackson@RSandH. com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
FYI-SFedFundEng. Serv, CSA, ShortForm, TotalFee (11-2022) CAO/BMC12/2022-RS&H 13-
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4. Exhibit D - Assurances
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H 14-
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ( City) and RS& H California, Inc. ( Consultant)
FAT Air Traffic Control Tower Replacement and Implementation Stud Scope of Services to follow ( 8 pages).
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) Exhibit A
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SCOPE OF WORK
I PROJECT DESCRIPTION
TheCityof Fresnoownsandoperatesthe FresnoYosemiteInternationalAirport (FAT). TheCity's Department of Aviation ( City) has contracted with RS&H to preparean Airport TrafficControl Tower (ATCT) replacementandimplementationstudy. Thepurposeof this studyisto identifythe stepstheCitymusttaketo successfullyachieveFAAapprovalandfundingfortheconstructionof a new ATCTand demolishingthe existing ATCT. This study will include a review of the recommendedATCTsitespresentedin 2010ATCTSiteSurveypreparedby the FAALosAngeles Terminal Engineering Center, a rough order of magnitude in cost, preliminary project schedule, andpotentialenvironmentalimpacts. Servicesareauthorizedunderthe Cityof Fresnocontract number [ tbd] ( Agreement). Through this Agreement, the Department is authorized to issue separate task orders to obtain services as need requires.
FIGURE 1:
FRESNO YOSEMITE INTERNATIONAL AIRPORT AIR TRAFIC CONTROL TOWER The Services under this Agreementwill be performedin accordancewith the most current version a i applicable FAAdocuments including Orders, guidance, Advisory Circulars Fresno Yosemite Her: . n, onal Airport Tropic Control Tin,ver Replacement Project - ( Version 0. 1) 1 L/ UUU01y11 CI IvC, IupU IU. JCJ I I I U- O.] C)'+-'# O/ U- 000U- k U44C:'#/ iU IMl. rl'
SCOPE OF WORK
AC) listedbelow, and othersasmaybe required. Asapplied, the Serviceswill meetall necessary requirements of the Federal Aviation Administration ( FAA).
FAA Order 5090. 3C Field Formulation of the National Plan of Integrated Airport Systems ( NPIAS)
FAA Order 5100. 38D Airport Improvement Program ( AIP) Handbook FAA Order 6480. 4B Air Traffic Control Tower Siting Process FAA Order 8260. 313 United States Standard for Terminal Instrument Procedures TERPS)
FAA Order 1050. 1 Policiesand Proceduresfor Considering Environmental Impacts FAA Order5050AB National Environmental Policy Act ( NEPA) Implementing Instructions for Airport Actions
FAA Order 5500-' Passenger Facility Charge
AC 150/ 5050- 4 Citizen Participation in Airport planning AC 150/ 5050- 8 Environmental Management Systems for Airport Sponsors AC 150/ 5060- 5 Airport Capacity and Delay
AC 150/ 5100- 14E Architectural, Engineering, andPlanningConsultantServicesfor Airport Grant Projects
AC 150/ 5220- 18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
AC 150/ 5230- 413 Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports
AC 150/ 5300- 13A Airport Design ( Change 1)
AC 150/ 5300- 16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic Survey
AC 150/ 5300- 17C Standardsfor Using Remote SensingTechnologies in Airport Surveys
AC 150/ 5300- 18B General Guidance and Specifications for Submission of Aeronautical Surveys: Field Data Collection and Geographic Information System, ( GIS) Standards
AC 150/ 5325- 4A RunwayLength Requirementsfor Airport Design Fresno Yosemite Internationo( Airport Traffic Control Tower Rep(ocement Project - ( Version 0. 7) 2 VUI.. UJIIJ. II CI IvCluytC IU. JCJ I I V IIM%
1IJ SCOPE
OF WORK AC
150/ 5340- 1 L Standards for AirportMarking AC
150/ 5360- 13 Planning and DesignGuidelinesfor AirportTerminalFacilitiesChange 1) III
SCOPEOF SERVICESThe
servicesincludedin thissectionidentify the proposedwork plan to successfullyguide the City in relocatingthe ATCTto a newsiteon theairfield. Work consistsof threeprimarytasks and is organizedchronologicallyto followthe Consultants' recommendedsteps in achievingFAA approval and fundingfor thedevelopmentof a newATCTand demolitionof theexistingATCT. A descriptionof eachtask is providedbelow. TASK
1 ATC-C l= IDENTIi=1CATiON, REVIEW, AND COORIDINATIONThe purposeof Task1 istographicallydepict and describeall sitespreviouslyexaminedin theFAA' s 2010ATCTSitingStudypreparedby theFAA's LosAngelesTerminalEngineeringCenter. The highestrankingthree sites fromthe sitingstudywill be validatedto maintainconsistencywith currentplanningefforts focusedon futureairportimprovementsat FAT. Task1 alsoincludes establishingcoordinationwith the FAAADOand ATOto definethe overallpurposeof this studyand identifythe proposedsteps the Citywill takefor FAAreviewand comment. Task
1. 1 Projectkick- off meeting, data collection, and FAAcoordinationThe Consultantwill coordinateand attendone kick-off meetingwith the Cityat FATto establishthe preliminaryproject goals and objectives. At thismeeting, the Consultantwill reviewthe City' s relevantfiles and collectavailableproject relatedinformation. The Consultantwill alsoreview projectrequirementswith the Cityand otherappropriatestakeholdersas identifiedin FAA Order6480.4B. Uponapprovalfrom the City, FAAwill be invitedto attendthe kickoffmeeting for thepurposeof initialfeedbackand commenton theproposedproject tasks to becompleted.
This meetingwill alsoaddressFAA' s willingnessto enterinto a reimbursableagreement with the Cityto fundthe costsof theFAA's ATOATCTreplacementand implementation study. Deliverablesinclude: Kickoff
meeting: Consultantwill preparea briefpresentationfor thekickoffmeetingwhich identifiesthe purposeof theproject, anticipatedtasks, and preliminaryproject schedule.
The Consultantwill takenotesand documentproject goals and objectivesidentified during meeting. A meetingsummarywill be sentto Cityfor reviewand comment.
Goals and objectiveswill be carriedforward throughoutthis study. Reimbursable graDt agfeementcoordinationwith FAA: Consultantwill coordinatewith the City, FAAADO, and FAAATOto establisha reimbursablegrant agreementenabling the Cityto fundthe upfrontcosts in preparingthe FAA's ATOATCTsitingstudy. Fresno YosemiteAuer; rntinna! Airport Traffic ControlToi, verReplacementProject - ( Version 0, 7) 3 VUUUJIIJ. II CI IVCIUFI, IV. JCJ I I I V- OJD4- 40/ l. i- OVVV- I.. VLLC4FIV I/' llrl'
SCOPE OF WORK
Task 1. 2 Overview of relevant planning studies
Thistaskwill includeanoverviewof previousplanningstudiesrelatedto the existingATCT.
Studies include the most recent FATAirport Master Plan and the 2010 Air Traffic Control Tower ATCT) sitingstudypreparedbytheLosAngelesTerminalEngineeringCenter. Allsitesevaluated in the2010siting studywill bemappedgraphicallyandincludea narrativedescription. FAA's recommendedhighestrankingthreesiteswill be describedbasedon eachsite's criterionfor selection. Thosesitesdismissedby FAAfor furtherconsiderationwill be describedbasedon the reasonsincluded in the 2010 siting report. Other relevant studies or development plans impactingsiteaccess, utilities, andairspaceaffectingATCTrelocationwill beidentifiedin this task.
Protectlocation map: The Consultant will prepare a graphical project location map depictingthe existinglocationof the ATCTandits proximityto airsideand landside facilities at FAT.
ATCT histoiand condition: This task will includea briefhistoryof theATCTand its current coriclition. Internal and externalphotographywill be takenduringthe projectkick off meetingto describethe conditionof theATCT. Identificationof knownfatal flawsassociated with the existingATCT will be documented. Task
1. 3 Develnppreliminaryproject justificationand environmentalpurpose and needIn preparationfor subsequentenvironmentaldocumentation, a preliminarypurpose and needstatement will be developedto meetthe requirementsin FAAOrder1050. 1 F, 5050.413, andCEQA.
This taskwill alsoincludethe preparationof a detailedproject justificationnarrative to beused in theproject- purposeand needstatementas wellas futuregrant applications. The preliminary purpose statementwill describewhat issuesor challengesFAT is tryingto solve. The preliminary Need statementwill describewhy the FATseeksto resolvethese challenges. All language developedin thistaskwill be writtenclearly and conciselyfor comprehensionamong those not familiarwith aviationactivities. Deliverablesinclude: Prepare Phase 1 EnvironmentalSite Assessment (ESA): Consultantwill developPhase 1 ESA reportidentifyingknown existingenvironmentalcontaminationliabilities located on or neareachof thethreeFAA ATCTsites for consideration. The purposeof thereportis to assessif currentor historicalpropertyuses haveimpactedthe soilor groundwaterbeneath the propertyand couldpose a threatto theenvironmentand/ or humanhealth. Determine need for Phase2 EnvironmentalSite Assessment: Pending the resultsof thePhase 1 ESA, the Consultantwill coordinatewith the Cityandlocalenvironmentalagencies to determinethe needfor a Phase2 ESAreport. The purposeof thePhase2 ESA is toevaluatethe presenceor absenceof petroleumproducts or hazardoussubstances in thesubsurfaceof thesitesconsideredfor ATCTrelocation. A Phase2 ESAmay not be required. Fresno
YosemiteIlitewcitional.Airport T,-,,, ffic ControlTcnver ReplacementProject- ( Version 0. 7) 4 UVVUJIyl I CI IvC upu IU. JCJ 1 I V I V- 0001!-'- FO! I/ 1lilJ
SCOPE OF WORK
Draft Purpose and Need statement: Consultant will create clear and concise draft purposeand needstatementdescribingthe issuesor challengesimpactingthe relocation of the ATCTaswell asthe overall need for the project. This draft statement will be used for future grant application and project justification needs.
Task 1. 4 Update ALP with FAA recommend ATCT sites
Thepurposeofthistaskisthreefold. First, thistaskwillincludeupdatingFAT's mostrecentALP to depictthree of the FAA's highestrankingATCTsites. ThisALPrevisionwill bea "penandink" update (change) for the purposeof FAA's LosAngelesTerminalEngineeringCenterto selecta preferredATCTsite. Second, theFAA'sselectionofapreferredATCTsitewillbeusedto prepare the required environmental documentation ( NEPA/CEQA) to be prepared in Task 2 (described below). Finally, theselectionof a preferredATCTsitewillbeusedinthepreparationofthe overallprojectjustificationandusedinfuturegrantapplications. Deliverablesinclude:
DraftALPupdate: Consultantwill preparea draft ALPupdateidentifyingthree FAAATCT sitesfor client review/comment. ALPwill be prepared following current FAAALPSOP requirements.
Submit +-- ft ALPto FAA: PendingCityALPapproval, Consultantwill coordinatea meeting (ir personor virtual) with FAAADOandATOto presentthree sitesfor consideration. Thepurposeof this meetingisto presentthe highest-rankingsites, their location, potentialimpacts (if any), and requestFAAselectionof preferredATCTsite. FAA ALPcommentswill be addressedbythe Consultantbeforesubmittingfinal ALPfor FAA approval.
FinaiALP. SubmitfinalALPto FAAfor approval. All FAAcommentson the draft ALPwill be addressed as part of this effort.
TASK 2 MiFN1 T A;l 0C UMLi' 1.ITANION, CONCEPTUAL DESIGN, AND A X, " T
InTask2 the Consultantwill developa conceptualATCTdesign. Thelevelof effort for conceptualdesignwill not exceedten percentof the total designactivitiesrequiredfor construction. Thislevelof designisintendedto providethe Citywith adequateinformationto prepareandissuea Requestfor Qualificationsfor completeATCTengineeringanddesign servicesandbeusedfor projectjustificationin grantapplications. Next, theConsultantwill developthe requiredNEPA/CEQAenvironmentaldocumentation. Environmentaldocumentation will includethe developmentof an EnvironmentalAssessment (EA) andCaliforniaEnvironmental QualityAct (CEQA) documentsto providegovernmentagencies, decision -makers, andthepublic awareof potentialenvironmentalimpactsassociatedwiththepreferredATCTrelocationsite.
Thisdocumentationwill alsoidentifyopportunitiesto reducepotentialimpactsto the extent feasible. Finally, Task2willincludearoughorder -of -magnitude (ROM) inthecostsassociated Fresno Yosemite Intro-- Itional Airport Tr'offic Control Toy er Replacement Project - ( Version 0. 7) 5 VUuuoll f. I CIIVCIUFIC IU. JCJ I I I V- 000V- VO/ l..- 000- I+ VLLCVFIV IM1J li
SCOPE OF WORK
withconstructinga newATCTanddemolishingtheexistingATCTat FAT. ROMcostswillbe developedusingreadilyavailableinformationfrom recentATCTconstructionprojectsin the US aswellasinformationprovidedbytheCity. A preliminaryprojectschedulewillbepreparedfor the City's review and comment. Subtasksinclude:
Task 2. 1 Conceptual ATCT Design
ConsultantwilldeveloppreliminaryATCTconceptandsiteplandepictingfacilityneeds, location, height, viewshed, access, parking, utilities, andADArequirements. Conceptualdesignwillnot exceed10percentoftotaldesigneffortrequiredforconstruction. Conceptualdesignwillbe usedfor projectjustification, grantapplication, andenvironmentaldocumentation. Deliverables include:
Conce tuai ATCT design and site Ian: Consultant to develop 10 percent concept design and site plan for City review, comment, and approval.
Task 2. 2 Prepare Environmental Assessment and CEQA documentation Consultantwill developa draft andfinal EAbasedrequirementssetforth in FAAOrders5050.413 and 1050.1F. Draft and final EAto be submitted to City for review and comment. City comments to beaddressedby consultantbeforesubmittingfinal EAto FAAfor reviewandapproval.
Consultant to repurpose final EAfor CEQA documentation. Deliverables include:
State Historic PreservationOffice SHPO Coordination: Consultant will prepare required SHPOforms identifyingpotentialimpacts (if any) to structures50yearsareolder (ATCT constructed 61 years ago).
Draft EA to FAA: Submit draft EAto FAA ADO for review and comment. Consultant may request n-, eting with FAAto present findings in draft EA (TBD).
Prepare Final EA: Consultant to collect and incorporate FAA comments on draft EA.
Submitrevisionsto Cityforreviewandapproval. SubmitfinalEAto FAAfor approval.
Prepareand submit CEQAdocumentation: Submit to governing state agency for review and approval. CEQAcomments to be addressed by consultant, if applicable.
Task 2. 3 Preiin-wnary Costs
Consultantwill developROMcostsfortheconstructionofa newATCTanddemolitionofthe existingATCT. Thesecostswillbepreparedinaccordancewithcurrentestimatesandprovided in current values ( no future escalation). Deliverables include:
ROMCostEstimates: Consultantwill developpreliminarycostsusingspreadsheet (Excel).
Cost will include construction costs, estimate for owner' s soft costs ( program management, design, construction administration, permits, commissioning, and RPR).
Costestimatespreparedinthissectionareplanninglevelonly (preliminary) andsubject to change. City to review and comment on costs. Consultant to make revisions as needed.
Fresno Yosemite AirUo, t T,raific Control Tower Replacement Project - ( Version 0. 1) 6 LJUl: UJIIJI I CI Iv CIUF1C ILJ. JCJ I I I L/- Ooo- F- YO! \!- 000U-\/ VLL1z'# ML/ IMlr6..
SCOPE OF WORK
Task 2. 4 Project Schedule
Consultantwill preparea projectscheduledepictingthe anticipatedtimingfor ATCT construction activities.
ATE ProjectSchedule: Consultantto developgraphicalprojectscheduledepictingkey projectstasksby duration, keymilestones, meetings, andstakeholderreviewperiods.
TASK 33 IDEi` I" Cit= Y FUNDI11J OPPORTUNTIES, RESTRICTIONS, AND PREPARE Task3 focuseson identifyingpotentialfunding opportunitiesandassociatedrisksassociated with relocation of the ATCTat FAT. The Consultant will coordinate with the City to develop a fundingstrategyto bestpositionFATto completefor availableBipartisanInfrastructureLaw BIL), Airport Terminal Plan (ATP), and Airport Improvement Plan (AIP) grant funds. Task3 includesConsultantpreparationof anATCTrelocationgrantapplication. Thedevelopmentof thisgrantapplicationwill becoordinatedwiththeCitybeforeFAAsubmittal. Finally, if theFAA requires a Benefit Cost Analysis ( BCA) to show the benefit cost ratio in relocating the ATCT, the Consultantwill preparea BCAwhichfollowscurrentFAArequirementsaspart of this task (TBD).
Subtasks include:
Task 3. 1 Pr® ert Funding Opportunities and Restrictions The sources and uses of airport funds, Airport Improvement Plan (AIP), Bipartisan Infrastructure Law (BIL), andother applicableFAAprogramfundswill be identifiedandevaluatedfor project applicability. Alternativefinancinginstrumentsfor all or part of the proposedprojectwill be identifiedincludngbonds, grants, PFC, andstatefunds, if applicable. TheConsultantwill review current federal and state restrictions to determine funding eligibility for ATCT relocation.
Deliverables inciude:
Listof eligibleprojectfundingsourcesby type, federal localmatching, and other applicable federal reglgirements.
Identificationof knownor perceivedrestrictionsaffectingprojectfunding and implementation.
Task 3. 2 ( Benefit Cost Analysis ( TBD)
Consultant will coordinate with FAA to decide if BCA is required.
Task 3. 3 Prepai a Grant Application
ThistaskincludesConsultantpreparationandcoordinationof a FAAgrantapplicationfor the relocationof the ATCTanddemolitionof the existingATCTusingavailablefederal, state, and localfunding. TheConsultantwillscheduleone (1) meetingwiththeCityto presentadraftgrant application, collect client feedback, and incorporate necessaryrevisionsbefore supplying the final grantapplicationto the Cityfor FAAsubmittal. Deliverablesinclude:
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SCOPE OF WORK
Draft ATCT Grant Application
Final ATCT Grant Application
Task 3. 4 FAA Coordination and Grant Support
Underthe approvalof the City, the Consultantwill schedulea meetingwith the FAAADOto presentthefinalATCTgrantapplicationbeforeofficialgrantsubmittal. Thepurposeof this meetingisto identifythe ADO's currentfundingobligationsanddeterminethe timing for the Cityto issuean RFQfor ATCTengineeringanddesignservices. TheConsultantwill providegrant supportto the Cityfor FAAcommentsasneededfor the successfulcompletionof the grant's submittal. Deliverables include:
ATCTgrant application presentation to FAAADO
Task 3. 5 Update Project Schedule
Basedon FAAcoordinationmeetingidentifiedin Task3.4, the Consultantwill updatethe previouslypreparedprojectscheduleto reflectknowntiming for remainingATCTactivities, includingadvertisingRFPfor designservices, construction, andcommissioning. Consultantwill providean updatedscheduleto Cityfor reviewandapproval. Deliverablesinclude:
Revised oroect schedule
Task 3. 6 ATCT Procurement Methods
TheConsultantwill schedulea meetingwith the Cityto discussthe benefitsanddisadvantages of procurementmethodsavailableforATCTdesignandconstruction. Informationto be discussed includes impacts to costs, schedules, and risk. A summary of procurement methods will beprovidedto the Cityfor reviewpriorto this meeting. Deliverablesinclude:
Memorandum identifying potential ATCT procurement methods Fresno Yospmite l:anal Airport l raffic Control Tower Replacement Project - ( Version 0. 7) 8 VUI: UJIIJ. II CIIVCIuptC IV. JCJ I IV IIHIi
IJ EXHIBIT
B INSURANCE
REQUIREMENTS Consultant
Service Agreementbetween City of Fresno (City) and
RS& H California, Inc. ( Consultant) FAT
Air TrafficControl Tower Replacementand ImplementationStud MINIMUM SCOPE OF INSURANCECoverage
shall be at leastas broadas: 1.
The most currentversion of InsuranceServices Office ( ISO) CommercialGeneral Liability CoverageForm CG 00 01, providingliability coveragearising out of yourbusinessoperations. The CommercialGeneral Liability policy shall be writtenon anoccurrenceform and shallprovidecoveragefor bodily injury," "property damage" and " personaland advertisinginjury" with coverage for premisesand operations (including the useof ownedand non - owned equipment), products and completedoperations, and contractualiiability ( including, without limitation, indemnity obligations under the Agreement) with limits of liabilitynot less than thoseset forthunderMinimum Limits of Insurance." 2.
The most currentversion of CommercialAuto CoverageForm CA 00 01, providing liability coveragearising out of theownership, maintenanceor useof automobilesin thecourseof yourbusinessoperations. The AutomobilePolicy shall be writtenon an occurrenceform and shallprovidecoveragefor all owned, hired, and non -ownedautomobilesor otherlicensedvehicles Code 1- AnyAuto). 3. `,
nJorkers' Compensationinsurance as requiredby theStateof Californiaar. d Employer's LiabilityInsurance. 4.
ProfessionalLiability ( Errors and Omissions) insurance appropriateto theConsultant' s profession. MINIMUM
LIMITS OF INSURANCEThe
Consultant, or anypartythe Consultantsubcontractswith, shall maintainlimits of liability of notlessthanthoseset forthbelow. However, insurance limits availableto theCity, its officers, officials, employees, agents, and volunteersas additionalinsureds, shall be thegreatercf theminimumlimits specifiedherein or thefull limitof anyinsuranceproceeds available to thenamedinsured: knv'
th!ERCIALGENERAL LIABILITY: 1,
000,000 per occurrencefor bodilyinjury and propertydamage; il) $ 1, 000,000 per occurrencefor personaland advertisinginjury; 2, 000,000 aggregatefor productsand completedoperations; and, r _ 2; 000,000 generalaggregateapplying separatelyto theworkperformed under the Agreement. FYI-
S FedFundEng Serv. CSA. Short Form, Total Fee ( 11- 2022) Exhibit B Page
1 of 4
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2. COMMERCIAL AUTOMOBILE LIABILITY:
1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER' S LIABILITY:
i) $ 1,000, 000 each accident for bodily injury;
ii) $ 1,000, 000 disease each employee; and,
iii) $ 1,000, 000 disease policy limit.
5. ` r QFESSIONAL LIABILITY ( Errors and Omissions):
i) $ 1,000,000 per claim/occurrence; and,
2, 000, 000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the eventthe Consultantpurchasesan Umbrellaor Excessinsurancepolicy(ies) to meet the " Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excessinsurancepolicy(ies) shallalsoapplyon a primaryandnon-contributorybasis for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF - INSURED RETENTIONS
The Consultantsshah be responsible for payment of any deductibles contained in any insurance policy( ies) required herein and the Consultant shall also be responsible for payment of any self -insured retentions. Any deductibles or self -insured retentions must be declared on the Certificate of Insurance, and approved by, the City' s Risk Manager or designee. At the option of the City's Risk Manager or designee, either:
The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or
ii) The Consultant shall provide a financial guarantee, satisfactory to the City' s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS
The General Liability and Automobile Liabilit insurance olicies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, agents, andvolunteersareto be covered as additional insureds. the Consultant shall establish additional in: paredstatusfor the Cityandfor all ongoingand completedoperationsby use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company enciorsementprovidingadditionalinsuredstatusasbroadasthatcontained FYI-S Fed Fund Eng. St.,.-v. CSA, Short Form, Total Fee (11-2022) Exhibit B
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in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any availableinsuranceproceedsin excessof the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant' s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributorystatusby usingISO Form CG20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13.
The Workers' Com ensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability Errors and Omissions insurance policy is written on a claims - made form:
1. Ti"le retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant.
2. insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of fhe Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period.
3. coverage is canceled or non -renewed, and not replaced with another claims -madepolicyformwith a retroactivedatepriorto the effectivedateof tl'-:e Agreement or the commencement of work by the Consultant, the C- r:sultantmustpurchase "extendedreporting" coveragefor a minimumof five Years after completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A cony of the claimsreportingrequirementsmustbe submittedto the City for review.
5. These requirements shall survive expiration or termination of the SCeemenl.
All goliciesof rsui•ance requiredhereinshall be endorsedto providethat the coverage shall not be c= ! celled, non - renewed, reduced in coverage or in limits except after thirty calendar days' v.!ritten notice by certified mail, return receipt requested, has been given to the City. T 11-_ Ccnsultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of canc Ration, non -renewal, or reduction in coverage or in limits, the Consultant FYI-S Fed Fund Eng, SErv. CSA, Short Form, Total Fee (11-2022) Exhibit B
VUUU01YII CIIVCIUFIC IV. JGJ I I V I V- OJDV- VV / ItA'. k., shall furnish th City with a new certificateand applicableendorsementsfor such policy( ies). In ti eventany policyis due to expireduringthe workto be performedfor the City, the Ccl ;sultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate( s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to the City's execution of the Agreement and before work commences. All non - ISO endorsements amending policy coverage shall be executedby a licensedand authorizedagent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, withsaidcopycertifiedbythe underwriterto be atrueand correctcopyof the original policy. This requirement shall survive expiration or termination of this Agreement.
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) Exhibit B
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
FAT Air Traffic Control Tower Replacement and Implementation Stud YES* NO
1 Are you currentlyin litigationwiththe City of Fresnoor any of x
its aqents?
2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who x
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with x the City of Fresno, or in a business which is in litigation with j the City_of Fresno?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this f service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in FRI I connection with this Project?
If the answer to any question is yes, please explain in full below.
Explanation,
Signature
2/ 13/ 2023
Date
Joseph P. Jackson
Name)
RS& H California, Inc.
Company)
369 Pine St. Suite 610
u Additional page( s) attached_
FYI- S Fed Fund Eng. Serv, CSA, Short Form, Total Fee ( 11- 2022) Exhibit C
Address)
San Francisco, CA 94104
City, State Zip)
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D ASSURANCES
Consultant
Service Agreementbetween City of FresnoCity)
and [ ConsultantName] ( Consultant) A.
I. P. PROJECTNO. [ AIP number(s)] Project
Titlel During
the performanceof thisAgreement ("contract" or " contractdocuments"), the Consultant, for itself, its assigneesand successorsin interest (collectively as " the contractor" or " the Consultant") agrees as follows (hereafter, the ` City" is referredto as Sponsor"):
I.
PROVISIONSAPPLICABLE TO ALL PROFESSIONALSERVICES CONTRACTS A.
ACCESS 70 RECORDSAND REPORTSThe
contractormust maintainan acceptablecost accountingsystem. The contractoragrees to providethe sponsor, the FederalAviation Administration, and the ComptrollerGeneral of theUnitedStates or anyof theirduly authorizedrepresentatives' access to any books, documents, papers, and recordsof thecontractorwhich are directlypertinentto thespecificcontract for the purposeof makingaudit, examination, excerpts and transcriptions.
The contractoragrees to maintainall books, records and reportsrequired under this contractfor a periodof notlessthan three years after final paymentis madeand all pendingmatters are closed. B.
BUY AIMERICANCERTIFICATION The
contractoragrees to complywith 49 USC § 50101, which providesthat Federalfunds may not be obligatedunless all steeland manufacturedgoods used in AIP-fundedprojects are prociucedin theUnitedStates, unless the FAAhas issueda waiverfor theproduct; the productis listedas an ExceptedArticle, Material Or Supplyin FederalAcquisition Regulation subpart 25. 108; or is includedin theFAA NationwideBuy American Waivers issued list. A
bidderor offerermust submitthe appropriateBuy AmericaCertification (below) with all bids or offerson AirportImprovementProgram (" AIP")- funded projects. Bids or offersthat are not accorf'._pa. niedby a completedBuy Americacertificationmust be rejectedas nonresponsive.
Type
of Cert;fiicationis basedon Typeof Project: There
are two typesof BuyAmericancertifications. a
For
projectsfor a facility, the Certificateof ComplianceBased on TotalFacilityTerminal or BuildingProject) must be submitted. For
all oilierprojects, the Certificateof ComplianceBased on Equipmentand Materials Us on theProject (Non - buildingconstructionprojects such as runway o roadwayconstruction; or equipmentacquisition projects) must be FYI- S FedFundEng- ConsultantService Agreement, Short Form Total Fee ( 11- 2022) Exhibit D Page
1 of 21
Vuuu JIIJ. II CI IVCIuytJ IU. JCJ I IQ IU- OJ C'+-'- FO/ lam-OUVV- IJVLLC' iF1V IMI.. I' submitted.
See Attachments A and B: Buy American Certifications
C. 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, nationai origin, sex, age, or handicap be excluded from participating in any activity con: u ;tad with or benefiting from Federal assistance.
This provisicnbirds the contractorfromthe bidsolicitationperiodthroughthe completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
This provision : isc obligates the tenant/ concessionaire/ lessee or its transferee for the period during nibichFederal assistanceis extendedto the airport throughthe Airport Ir orovement Prcizram, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. li- these cases r',e provision obligates the party or any transferee for the longer of the following period.:
a. 7he ;period during which the property is used by the airport sponsor or any tra ,s`eree 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.
D. CIVIL R! CFITS ACT OF 1964, TITLE VI
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. Codmpeiance with Regulations: The contractor ( hereinafter includes consultants) will complywith theTitle VI List 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- d- Iscrimination: The contractor, with regard to the work performed by it duringthe contract, will not discriminateon the groundsof race, color, or national origin in the selection and retention of subcontractors, including procurementsof materialsand leasesof equipment. The contractorwill not participatedirectlyor indirectlyinthe discriminationprohibitedbytheActsand ihe R= egu; ations, including employment practiceswhen the contract covers any aci_iviy, project, or programsetforth in AppendixB of 49 CFR part21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Egjipment: In all solicitations, either by competitive bidding, or negotiation
7.ac!a bythe contractor for workto be performed under a subcontract, including proc:.: rements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's FYI-S Fed Fund Eng. Ccnsultant Service Agreement, Short Form Total Fee (11-2022) Exhibit D
VUVU01 II CI IvCIupt1 IU. JCJ I IV IU- OJIJ' i-'- FO/ l'- CUVV- IJULLC4/ 1U I tAI- 11- ob! igations 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 surf: acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to iU rli i-, the information, the contractor will so certify to the sponsor or the cede, al Aviation administration, as appropriate, and will set forth what efforts it iias made to obtain the information.
5. S6:nct ons for Noncompliance: In the event of a contractor' s noncompliance Non-discrimination provisions of this contract, the sponsorwill impose sic'^ contract sanctions as it or the Federal Aviation Administration may Je'::=,,amineto be appropriate, including, but not limited to:
MIhholdir,g payments to the contractor under the contract until the c rtractor comp! ies; and/ or
D. cancelling, terminating, or suspending a contract, in whole or in part.
6. Nn-,crporation of Provisions: The contractor will include the provisions of g€apissone throughsix in everysubcontract, includingprocurementsof As and leases of equipment, unless exempt by the Acts, the Regulations ar ' -!': aclrives issued pursuant thereto. The contractor will take action with resp ct to anysubcontractor procurementas the sponsoror the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
E. 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 contractorshall carry out applicablerequirementsof 49 CFR Part26 in the award and administration c;f 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 Paymerot (§ 26. 29) - The prime contractor agrees to pay each subcontractor underthis primecontractfor satisfactoryperformanceof its contractnolaterthan {specify number} days from the receipt of each payment the prime contractor receives from {Name of recipient). The primecontractoragreesfurtherto return retainagepaymentsto each FYI-S Fed Fund Eng. Consultant Service Agreement, Short FormTotal Fee (11-2022) Exhibit Q
Lwuuoly II mIv Clu F1C ILI. JCJ I IV IL/- OJD' t-'- FO( IMlIU
subcontractor vvithin {specify the same number as above} days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referencedtime frame may occuronlyfor good cause followingwrittenapprovalof the Name of Recipient}. This clause applies to both DBE and non - DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT ( MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following provisions by cercrence, with the same force and effect as if given in full text. The contractor has responsibility to monitor compliance to the referenced statute or regulaticn. T.-ia Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities.
Requ ire r-, Fo'l Federal Agency with Enforcement
Responsibilities
Federal Faii- '_ abor Standards Act ( 29 U. S. Department of Labor - Wage and USC 201) Hour Division
G. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Ali contracts and subcontracts that result from this solicitation incorporate the following prcvisions 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. Yi;F, contractor crust address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities.
jRegjuirenira t Federal Agency with Enforcement
Responsibilities
Occupatioi- al Safety and Health Act of U. S. Department of Labor - Occupational Safety Health Administration1970 ( 20 CFR Part 1910) and H. RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to regulationsissuedby the FAA and the Sponsorof the Federalgrant underwhich this contract is executed.
I. TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
a. Isnotownedor controlledbyoneor morecitizensof aforeigncountryincluded in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative ( USTR); FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022) Exhibit D
VUUU' Di II CI IVCIupt- IU. 01: 01 IU IL.!- OJD i- 40/ l- D000- VLIGGC FML/ IMl. il. i b. Has- notknowinglyenteredintoanycontractorsubcontractforthisprojectwith a personthatisa citizenornationalof aforeigncountryonsaidlist, or isowned or controlleddirectly or indirectlyby one or more citizensor nationalsof a foreign country on said list;
c. Has not procured any product nor subcontracted for the supply of any product for useon the projectthat is producedin a foreigncountryon 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 subcontractsfor the supplyof any productor serviceof a foreigncountryon said list for useonthe project, the FederalAviationAdministrationmaydirectthroughthe 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 incorpomt^ t'1isprovisionfor certificationwithoutmodificationin eachcontractand in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor ui-,iess it has knowledge that the certification is erroneous.
The contractor ; hall provide immediatewritten notice to the sponsorif the contractor learns that its c=:rtification or that of a subcontractor was erroneous when submitted or has become erroneous by reason, of changed circumstances. The subcontractor agrees to providekvritternoticeto the contractorif at any time it learnsthat its certificationwas erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. ff it is later determined that the contractor or subcontractor knowingly rendered ar , er- oneous certification, the Federal Aviation Administration may direct through the So:, nsor cancellation of the contract or subcontract for default at no cost to the Governmert.
Nothing Containedin the foregoing shall be construedto require establishmentof a system of records in order to render, in good faith, the certification required by this r,rovision. Tr:e i<rowledge and information of a contractor is not required to exceed that vl,,hich is norm ,fly possessedby a prudentperson in the ordinarycourseof business dealings.
This cer, ificaticr, 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 mai<,,'- subjectto prosecutionunderTitle 18, UnitedStatesCode, Section1001.
BAN ON TEXTING AND DRIVING
r : contractor shall adopt and enforce workplace safety policies to decrease crashes causedby distracteddrivers, includingpoliciesto bantext messagingwhiledrivingwhen performinganyworkfor, or onbehalfof, theFederalgovernment. Thecontractorfurther agreesto conductworkplacesafetyinitiativescommensuratewiththesizeof its business, suchas establishingrulesor programsthatprohibittext messagingwhiledrivingand education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short FormTotal Fee (11-2022) Exhibit D
Vuuuol II CIlvulupC IV. JCJ I I V I V- 0Dr)- F-' 0I ItAk L, K. COPELAND " ANTI - KICKBACK" ACT
Contractormustcomplywith the requirementsof the Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractorand subcontractorsare prohibitedfrom inducing, by any means, any personemployedonthe projectto giveupany partof the compensationto whichthe employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statementon the wages paid to each employeeperformingon coveredwork duringthepriorweek. Ownermustreportanyviolationsof theActtotheFederalAviation Administration.
L. DAVIS- BACON REQUIREMENTS
1. Minimum V ages.
Ali laborers and mechanics employed or working upon the site of the work will be paid unconditionallyand not less often than once a week, and without subsequent deduction or iEJ),ite on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona ride f,-inge benefits ( or cash equivalent thereof) due at time of payment computed at rai--s not less than those contained in the wage determination of the Secretaryof Laborwhich is attachedheretoand madea part hereof, regardlessof any contractualreiationshipwhichmay be allegedto exist betweenthe Contractorand such laborers and nechanics.
Contributions m, oe or costs reasonably anticipated for bona fide fringe benefits under section ; ( b)(2) o-; ti le Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to Ich laborers or mechanics, subject to the provisions of paragraph (1)(iv) of triis section; also, reguiar contributions made or costs incurred for more than a weekly period (but riotlassoftenthan quarterly) underplans, funds, or programswhichcoverthe particularwee,,<st- oerlod, aredeemedto beconstructivelymadeor incurredduringsuch vveeKiyperiod. S.i.chlaborersand mechanicsshallbe paidthe appropriatewagerateand 1Tii-tge benefits _. r the wage determination for the classification of work actually performed, without regard , o skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or wiechanics pert&- rningwork in morethan oneclassificationmay be compensatedat the rate specified' f - each classification for the time actually worked therein: Provided that the employer' s .:?,.\ soli records accurately set forth the time spent in each classification in whionwork is perormed. The wage determination (includinganyadditionalclassification n wage raises c;on' formed under ( 1)( ii) of this section) and the Davis -Bacon poster ( WH- 1 shall be , Esteea-i all times by the Contractorand its subcontractorsat the site of the work in a prominent and accessible place where it can easily be seen by the workers.
The cor Lacting officer shall require that any class of laborers or mechanics, including heire , which is not listed in the wage determination and which is to be erne; oyed the contract shall be classified in conformance with the wage de` Lermination. ; e contractingofficershallapprovean additionalclassificationandwage rate ana fringe uenefits tnerefore only when the following criteria have been met:
1) The work cobe performedby the classificationrequestedis not performedby a classification in tiia wage determination;
2) The classification is utilized in the area by the construction industry; and FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022) Exhibit D
L/ UI. U' D191I CIlvt IlupC IU. JCJ I I I U- OJD4-'+ O/ V- D000- 1 U/- 4EZ4t-% U IMl- L' 3) The proposedwagerate, includinganybonafidefringebenefits, bearsa reasonable relationship to the wage rates contained in the wage determination.
B) If the Contractor and the laborers and mechanics to be employed in the classification if known), or their representatives, and the contracting officer agree on the classification and wage rate ( including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapproveevery additionalclassificationactionwithin 30 days of receipt and so -advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
C) In the eves + the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposedclassificationandwagerate (includingtheamountdesignatedforfringebenefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendationof the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a deterrination within 30 days of receipt, and so advise the contracting officer or will notifythecc. ittactingofficerwithinthe 30-dayperiodthatadditionaltimeis necessary.
D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs ( 1)( ii) ( B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classifical' ion.
Wheneve,- ie minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractorshall eitnerpay the benefitas statedin the wage determinationor shall pay another bona f:aefringe benefit or an hourly cash equivalent thereof.
I=) If the Core:- actor does not make payments to a trustee or other third person, the Contractorrnavconsideras part of the wagesof any laboreror mechanicthe amountof eL,ny costs reasor,ably anticipatedin providingbonafide fringe benefitsundera plan or program: the Secretaryof Laborhasfound, uponthe writtenrequestof the Contractor, thai the applicable standards of the Davis -Bacon Act have been met. The Secretary o-f - LI f_ may require the Contractor to set aside in a separate account assets fOr the rneeti,! c, ci- ob! igations under the plan or program.
2. ' Mthholcl; ir
e Federa: Administration or the sponsor shall upon its own action or upon v;ritten request of an authorized representative of the Department of Labor withhold or cause ito be vviunreld from the Contractor under this contract or any other Federal contract with me say}, e , piecontractor, or anyotherfederally -assistedcontractsubjectto Davis - Bacon prevaiyi: Vvage requirements, which is held by the same prime contractor, so much of he cc:ued payments or advances as may be considered necessary to pay laborers ai , i:•_ chanics, includingapprentices, trainees, and helpers, employedby the Co,:' rracmr or : r subcontractor the full amount of wages required by the contract. In the eveirit of la! it^ r:.. o pay any laborer or mechanic, includingany apprentice, trainee, or FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022) Exhibit D
UUUU, DlylI CIIVCIUpt: IL/. JCJ I IU I L/- 0JTD1#- 40 11.- OUVU- IJVLGC- FML/ IMl. rl helper, employedor workingon the site of work, all or partof the wagesrequiredby the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspensionof anyfurtherpayment, advance, or guaranteeof fundsuntilsuchviolations have ceased.
3. Payrolls and Basic Records.
i) PayrollsandbasicrecordsrelatingtheretoshallbemaintainedbytheContractorduring the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourlyratesof wagespaid (includingratesofcontributionsor costsanticipatedforbona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis - Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5. 5( a)( 1)( iv) that L-he wages of any laborer or mechanic include the amount of any costs reasonablyanticipatedin providingbenefitsundera planor programdescribedin section 1(b)(2)( S) o-i tr;e Davis -Bacon Act, the Contractor shall maintain records that show that the commitmentto provide such benefits is enforceable, that the plan or program is inanciaiiyresponsible, andthatthe planor programhasbeencommunicatedinwriting to ii-ie laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeshipprogramsand certificationof trainee programs, the registrationof the a+p'-rentices anc trainees, and the ratios and wage rates prescribedin the applicable programs.
ii)(A) The Con.-ractor shall submit weekly for each week in which any contract work is performeda cc:-tiyofallpayrollsto theFederalAviationAdministrationiftheagencyisa partyto '.he con--'ract, but if the agencyis notsucha party, the Contractorwill submitthe payrollsto the appplicam, Sponsor, or Owner, asthe case may be, for transmissionto the ec eral Aviation administration. The payrollssubmitted shall set out accuratelyand completeiy ai: f the information required to be maintained under 29 CFR 5.5(a)(3)( i), except that fuel: socialsecurity numbersand homeaddressesshall not be includedon vieekly iransr, i'rtals. instead the payrolls shall only need to include an individually identifyingrSul ,roarfor eachemployee (e.g. thelastfourdigitsof theemployee's social security nur,`; j- l. !- he requiresweeklypayrollinformationmaybe submittedin anyform ds== r-ed. Opuor,_l Form VVH-347 is available for this purpose from the Wage and Hour DivisionWeb site a"Lwww.dol.gov/whd/forms/wh347instr.htm or its successorsite. The pr: rne corscr : o is responsible for the submission of copies of payrolls by all suc, contrGctors_ contractors and subcontractors shall maintain the full social security n" lCYlber and cur; r,t address of each covered worker and shall provide them upon request i rye escrai , via-L;1onAdministration if the agency is a party to the contract, but if the Gcerrcy is r:ot s -+ a party, the Contractorwillsubmitthemto the applicant, sponsor, or Owner, as rr = e may oe, for transmissionto the FederalAviationAdministration, the Co^ tYactor, or t`.. 1,Vage ane Hour Division of the Department of Labor for purposes of an investiuQ ion or -, uai: or compliance with prevailingwage requirements. It is not a violation ii, iv section
7:
cr oi-irnecontractorto requirea subcontractorto provideaddressesand FY'- S lad Fuz- d :_ Cc .:' a-,': Service . Agreem- ent, Short Ferrn Total Fee ( 11- 2022)
UVVUJ IIY.II CI IV tz:lupC IV. JCJ I IV IU- OJD4- 40/ l..- DV VV- IJVGLC4MV IMl-, U social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
B) Each payrollsubmitted shall be accompaniedby a "Statement of Compliance," signed by the Contractoror subcontractoror his or her agent who pays or supervisesthe paymentof the personsemployedunderthe contractandshall certifythefollowing:
1) The payrollfor the payroll periodcontainsthe informationrequiredto be provided under 29 CFR § 5. 5( a)( 3)( ii), the appropriate information is being maintained under 29 CFR § 5. 5 ( a)( 3)( i), and that such information is correct and complete; 2) Eachlaborerandmechanic (includingeachhelper, apprentice, andtrainee) employed on the contractduringthe payrollperiod has been paid the full weeklywages earned, without rebate, either directly or indirectly, and that no deductions have been made either directlyor indirectlyfrom thefull wagesearned, otherthanpermissibledeductionsas set forth in Regulations 29 CFR Part 3;
3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. i0) The weel<iy submission of a properly executed certification set forth on the reverse side of Optionai Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance' required by paragraph ( 3)(ii)(B) of this section.
D) The falsifica"ion of any of the above certifications may subject the Contractor or subcontractorto civilor criminalprosecutionunderSection1001of Title 18and Section 231 of Title 3" i cr ine Uniied States Code.
iii) The Contractor or subcontractor shall make the records required under paragraph 3)( i) of this section available for inspection, copying, or transcription by authorized representatives or the sponsor, the Federal Aviation Administration, or the Department of Labor and shall parmii such representatives to interview employees during working hours on the jeb. 1rti! , I- ontractor or subcontractor fails to submit the required records or to n-lake them G, a:Iabie, the Federal agency may, after written notice to the Contractor, Sponsor, . ppL,cacL, or Owner, take such action as may be necessaryto cause the suspensionof ar-iyfurtherpayment, advance, or guaranteeof funds. Furthermore, failure to submit the iequired records upon requesi or to make such records available may be grounds for d&-J-rrnent aciion pursuant to 29 CFR 5.12. apprentices . ici rainees.
Apprentices, Apprentices will be permitted to work at less than the redetermined ratel PP .. :.. . ; ' I p p for _ tie v,./or: f "%- SVperformedwhen they are employed pursuant to and individually registered in a ;_ jna fide apprenticeshipprogramregisteredwith the U.S. Departmentof Labor, '` mpioyl-!-:entandTrainingAdministration, Bureauof ApprenticeshipandTraining, OF wi' Lh a Sta;_ t> Lpprenticeship Agency recognized by the Bureau, or if a person is employed in i-,is crier tiy-si 90 days of probationary employment as an apprentice in such anprograrn, who is notindividuallyregistered in theprogram, but whohas beer:
certified : I, itheBureauof Apprenticeshipand Trainingor a StateApprenticeshipA e!' cy io beeligiblefor probationaryemployment as an apprentice. ie allowaie - aLicof aoprenticesto journeymenon thejob sitein anycraftclassificationsl-; a l notbe gr==_er ,' hartthe ratiopermittedto thecontractoras to theentirework forceG r ifsGregis_ program. Any workerlisted on a payrollat anapprenticewage rate, W10 is or c- inerwiseemployedas statedabove, shall be paidnot lessthan FYI- S FedF!: n = to ServicaAgre. nan:, Short Form Total Fee ( 11- 2022) Exhibit G Pine
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VUVUJIIJ. II mlvt; lupJ IU: JCJ I I V I V- OJO,- TO! V- V VV- I, VLGC4MV IMl. rl. i the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprenticeperformingwork on the job site in excessof the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performingconstructionon a projectin a localityotherthanthat in whichits programis registered, the ratios and wage rates ( expressed in percentages of the journeyman' s hourlyrate) specifiedin the Contractor's or subcontractor's registeredprogramshall be observed. Every apprenticemust be paid at not less than the rate specified in the registeredprogramfor the apprentice's levelof progress, expressedas a percentageof the journeymenhourlyrate specifiedin the applicablewage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeshipprogramdoesnotspecifyfringebenefits, apprenticesmust be paid the full amount of fringe benefits listed on the wage determinationfor the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeshio agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
i rainees. E;:cept as provided in 29 CFR 5.16, trainees will not be permitted to work at ies than the predeterminedrate for the work performed unless they are employed pursuan to a; ,'_+ individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Ira'ning Adininistration. The ratio of traineesto journeymenon the job site shall not be greater roan pert;itted under the plan approved by the Employmentand Training Administraiion. I --very trainee must be paid at not less than the rate specified in the approvedprogi-arnfor the trainee's level of progress, expressedas a percentageof the Journeyman houriv rate specified in the applicable wage determination. Trainees shall be paiCfringeberie;i,:s inaccordancewiththe provisionsof thetraineeprogram. Ifthetrainee l-rugramaces not mentionfringe benefits, traineesshallbe paidthefull amountof fringe bens) —its iisied or-, the wage determination uniess the Administrator of the Wage and Hour Division ete; Y:ines tha there is an apprenticeship program associated with the co, respor, d; rg , rneyman wage rate on the wage determination that provides for less ar+ fuli f, nge . r;efits for apprentices. Any employee listed on the payroll at a trainee ratethat is no_ r ..,gisteredand. participatingina trainingplanapprovedbythe Employment a:-,-d Training shall be paid not less than the applicable wage rate on the age det errr)ira_ior; for the classification of work actually performed. In addition, any iry iriee per fore : r work on the job site in excess of the ratio permitted under the registered p,-og, rr; shall oe paid not less than the applicable wage rate on the wage oe_errnlnaaiol fir _ile work actually performed. In the event the Employment and Training drninistr , tio. r hdraws approval of a training program, the Contractor will no longer be oer: nit, e tJ r,;i e Traineesat less than the applicable predetermined rate for the work peOrmedLill acceptable program is approved. I
I\ E uai Gpportuniiy. The utilizationof apprentices, trainees, and jcurr; eymenu' l- 1-"ti pispartshallbe in conformitywith the equalemploymentopportunity FY' ; ec Fu, e ErgIltan_ ServiceAgreement, Short Form Total Fee ( 11- 2022) rx' h;. Diir7 Page
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L/ UVUJIIJ. II CIIVCIup. IU. JCJ I : V I L1- GJ' J+- 40l l.- JVVV- l L/ GG C4/' i L/ IMli l.. requirements cf, Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5. 5( a)( 1) through ( 10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5. 5.
7. Contract Termination: Debarment.
A breach oftheiecontractclauses in paragraph1 through10 of thissectionmay be groundsfor terminationof thecontract, and for debarmentas a contractorand a subcontractoras provided in 29CFR5. 12. 8.
Compliancewith Davis -Bacon and RelatedAct Requirements. All rulingsand interpretationsof theDavis -Bacon and RelatedActs containedin 29CFRParts 1, 3, and5 arehereinincorporatedby referencein thiscontract. 9.
DisputesCcncerningLabor Standards. Disputes
arising out of thelaborstandardsprovisionsof thiscontractshall not be subjectto tinegenera; disputes clause of thiscontract. Such disputesshall be resolvedin accordance with the proceduresof theDepartmentof Laborset forthin 29CFRParts5, 6, and 7. Disputeswithin the meaningof thisclauseinclude disputesbetween the Contractor ( or anyof itssubcontractors) and the contractingagency, the U. S. Departmentof ' Labor, or the employeesor theirrepresentatives. 10.
Certificationur Eligibility. i)
By enteringinto ' this contract, the Contractorcertifies that neitherit ( norhe or she) nor any persQ,-! or ' firmwho has an interestin theContractor's firmis a personor firmineligible tc be e. wardedGovernmentcontracts by virtueof section3( a) of theDavis - Bacon fact or 29 ' FR 5. 12(a)( 1). ii)
No partoF : his contractshall be subcontractedto anypersonor firmineligiblefor ward of a 'S'Oernmentcontractby virtueof section3( a) of theDavis -BaconAct or 29CFR
5. 1_=(a,)( 1) iii
The penaiv : ormakingfaise statementsis prescribedin theU. S. CriminalCode, 18 6 S C 1001 . pt _
ENER _,,! C' ONSIERV ,TION REQUIREMENTSContractor
ante. Subcontractoragree to complywith mandatorystandards and policiesralating tc en&-,-1 % of ,ciencyas containedin thestateenergyconservationplan issuedin con, pliaiice with =_he EnergyPolicy and ConservationAct ( 42 USC6201et seq.). r, i! contractsa, ics. ibcontramsthat resultfrom this solicitationincorporate by referenceIi- IGDr0visic1r,JJ _ j. % J - FIR part201, the rederalFair LaborStandardsAct ( FLSA), with the GI ^ Iv forcae fectas if givenin fulltext. The FLSAsets minimumwage, overtimepay, cord -, il' ; ab,; l- standardsfor full and part- time workers. Pr Fec Fungi' F.) S,. ens l_ at ServiceY,, greenent, Short Form Total Fee ( 11- 2022) I_:" Nhit C Page
11 of 21
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T'.1e cc tractor : s furlresponsibilityto monitorcomplianceto the referencedstatuteor regulation. The :contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division.
II. PROVISION APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $ 10, 000 AND GREATER
A. TERMINATION OF CONTRACT
1. The Sponsormay, by writtennotice, terminatethis contractin wholeor in part at anytime, eitherforthe Sponsor's convenienceor becauseof failureto fulfillthe 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.
2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contractpricewill be made, but no amountwill be allowedfor anticipated profit on unperformed services.
3. if the termination is due to failure to fulfill the contractor' s obligations, the Sponsor may Makeover the work and prosecutethe same to completionby contractor otherwise. In such case, the contractor is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
4. ir", after notice of termination for failure to fulfill contract obligations, it is determined that the cone; actor 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.
5. The rights and remedies of the sponsor provided in this clause are in addition to any otherrightsandremediesprovidedby lawor underthis contract.
B. AFFIRMA7111VE ACTION
Minclr4yPart;Miradon. Sponsorsarerequiredto setgoalsfor minorityparticipationin FLIP funded projects exceeding $ 10,000. The goals for minority participation derive from Economic A: -ea (- A) and Siai; ucrd Metropolitan Statistical Area ( SMSA) as established in Volume - f Federa' Register dated 10/3/80. Page 65984 contains a table of all EAs and SMSAs and the associated minority participation goals.
To find the for minorityparticipation, a sponsormust either referto the Federal Regicter Notice.:_ to the Department of Labor online document, " Participation Goals for Minoritiecz End E= s and SMSAs span state boundaries. A sponsor may have to refer tc en"I as for adjacent states in order to locate the goal for the project location.
Female Part, I^ na` ion. Executive Order 11246 has set a goal of 6.9% nationally for female participation {or a'I cor;struction projects. This value remains constant for all COJntiGS 3r` d. Sf3l- es.
CLAUSE
Durirq the -Derfc, rrance of this contract, the Contractor agrees as follows:
1) TlmcContractor will not discriminate against any employee or applicant for employr, 7 ) nt because of race, color, religion, sex, or national origin. The FYI-S Fed Funa Eng, Consultant Service Agreement, Short Form Total Fee (11-2022) L : rl' D{t DJ
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Cont. ac . bril! take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color; el:liJion, sex, sexual orientation, genderidentify, or nationalorigin. Such action small include, but not be limited to, the following: employment, upgrading, demotion,, or transfer-, recruitment or recruitment advertising; layoff, or tei- miria iun, rates of pay or other forms of compensation; and selection for hailing, ::- ic,uciingapprenticeship. The Contractor agrees to post in conspicuous places, a.,aiiabieto employeesand applicantsfor employment, noticesto be provides: getting forth the provisions of this nondiscrimination clause. 2) Ti_ke Contractor will, in all solicitations or advertisements for employees placed by or on behalfof the Contractor, state that all qualifiedapplicantswill receive considerations for employment without regard to race, color, religion, sex, or national origin.
3) Tne. Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor' s commitments under this section and shall post copies of the notice in conspicuousplaces availableto employeesand applicants for employment.
4) The Contractorwill comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Laborfor purposesof investigationto ascertaincompliancewith such rules, regulations; and orders.
6) In the event of the Contractor' s noncompliance with the nondiscrimination clauses of tipis contract or with any of the said rules, regulations, or orders, this contractmaybe canceled, terminated, or suspendedin wholeor in partand the Contractor may be declared ineligible for further Government contracts or federaiiy assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanmlons may be imposed and remedies invoked as provided in Executive Order 1124-6 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
i-he Contractor will include the portion of the sentence immediately precedingparagraph (1) andthe provisionsofparagraphs (1) through (7) inevery subcon`ract or purchase order unless exempted by rules, regulations, or orders of the Secretaryof Labor issued pursuantto section 204 of ExecutiveOrder 1124 of September 24, 1965, so that such provisions will be binding upon each subcon: r tor or vendor. The Contractor will take such action with respect to any or purchaseorder as the administeringagency may direct as a means o,' enforcing such provisions, including sanctions for noncompliance:
Provide,., however, that in the event a contractor becomes involved in, or is FYI- S Fed Fund Ens,, Cr, rs I,an: Service Agreement, Short Form Total Fee ( 11- 2022) Exhibit G
VUOUJII` J. II CI IVCI UF/ C IU. JCJ I I I l - 000U- I L. I::- FMV hrc- G wvitl., litigation with a subcontractor or vendor as a result of such directicl: by the administeringagency the Contractormay requestthe United States to enter into such litigation to protect the interests of the United States.
D. STA ,':. D FEDE:=,:.. L EQUAL EMPLOYMENT OPPORTUNITY CTIONI CO% ITRA. CT SPECIFICATIONS
1. As used in Lhase Specifications:
a. as-ca" means the geographical area described in the solicitation from whici
b. "^ i Di- ector, Office of Federal Contract Compliance Programs OFCCP), ', J.S. Department of Labor, or any person to whom the Director delegates authf_-)r1y:
c. "! pio,,/o Identificatioir Inum.ber" r jeansthe Federalsocialsecuritynumberused on le Ouar,a-ly FederalTax Return, U.S. TreasuryDepartmentForm 941;
d. " Minority" includes:
t) Black ;all personshavingoriginsin anyof theBlackAfricanracialgroupsnot of Hispanic origin);
2) Hispanic (ali personsof Mexican, PuertoRican, Cuban, Centralor South American, or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoplesof the FarEast, SoutheastAsia, the IndianSubcontinent, orthe Pacific Islands); and
4) American indian or Alaskan native (all persons having origins in any of the original peoplesof NorthAmericaand maintainingidentifiabletribal affiliations through membership and participation or community identification).
2. Wheneverthe Contractor, or any subcontractorat any tier, subcontractsa portionof the work involvingany constructiontrade, it shall physicallyincludein eachsubcontract in excess of $' IG,GGGthe provisions of these specifications and the Notice which contains the applicablegoals for minorityand female participationand which is set forth in the solicitations from which this contract resulted.
3. Ifthe Contractoris participating (pursuantto41 CFRpart60-4.5) in a HometownPlan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area includinggoals and timetables) shall be in accordancewith that Plan for thosetrades which have unions participating in the Plan. Contractors shall be able to demonstrate their participationin andcompliancewiththe provisionsof anysuchHometownPlan. Each contractoror suLconiractcrparticipatingin an approvedplan is individuallyrequiredto comply with iiLsobligationsunder the EEO clause and to make a good faith effort to achieve each ooai under the Plan in each trade in which it has employees. The overall goon fait;-i perffe-n—janceby other contractorsor subcontractorstowarda goal in an approved Plan, does not excuse any covered contractor's or subcontractor's failure to take good faiti`i effori ro achieve the Man goals and timetables.
4. The Contr; ctoi shall implement the specific affirmative action standards provided in paragraphsTa -_i-irough7p of these specifications. The goals set forth in the solicitation f orn which contract resulted are expressed as percentages of the total hours of FYI- S Fed Fund Eno,'. C: SLQEN Service Agreement, Short Form Total Fee ( 11-2022) Fxhb, i`L- D
Pane 14 of 21
UUI: UolyII CI IVC_ JupC IU. oco 1 IU I U- OVUV- 1 VGL C' i/ 1V IMI.. I employme it G: training of minority and female utilization the Contractor should reasonablybeableto achievein eachconstructiontradeinwhichit hasemployeesin the covered area. Covered construction contractors performing construction work in a geographicalarea wherethey do not have a Federalor federallyassistedconstruction contractshal! applythe minorityandfemalegoalsestablishedfor the geographicalarea where me wore: is being performed. Goals are published periodically in the Federal Register in oc)"lic.e form, and such notices may be obtained from any Office of Federal Contract Cornpiiarice Programs office or from Federal procurement contracting officers. i' ne Contrac- Co:, expected to make substantially uniform progress in meeting its goals in eac;, craf( ' 1Jri the period specified.
5. ileit ' e.r tale p>-), isions of any collective bargaining agreement nor the failure by a union nnt' r whore the . untracior nas a collective bargaining agreement to refer either minorities or wurnen s a, e cikse the Contractor' s obligations under these specifications, Executive Cruer ' k 'i24n, e„ the tegull,ations promulgated pursuant thereto. r1--n-workingtraininghoursof apprenticesand traineesto becounted ii-, ::. a s; such uDprentices and trainees shall be employed by the Contractor period and the Contractor shall have made a commitment to employ t',- e apprenLice i d . r in:ees at the completion of their training, subject to the availability of einplo V-rrier, ' " Trainees shall be trained pursuant to training programs approved h v e _.. S. Departr, gent of tabor.
7. i he Contr tutor shall take specific affirmative actions to ensure equal employment o.pportuniLy. The evaluationof the Contractor's compliancewiththesespecificationsshall be IbEsedupon: its effort to achieve maximum resultsfrom its actions. The Contractor shall coc rnent these efforts fully and shall implementaffirmativeaction steps at least as extensive as the following:
a. Ensureandmaintaina workingenvironmentfreeof harassment, intimidation, and coercion at ail sites, and in all facilities at which the Contractor' s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carryoutthe Contractor's obligationto maintainsucha workingenvironment, with specificatteritionto minorityor female individualsworkingat such sites or in such iaciiities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notificationto minority and female recruitment sources and to community organizationswhen the Contractoror its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minorityand i.emaleoff -the -street applicantand minorityor female referralfrom a anion, a recruitment source, or community organization and of what action was taken with respect io each such individual. If such individual was sent to the union hiring iiail for referral and was not referred back to the Contractor by the union or, if I-eferred, not employedby the Contractor, this shall be documentedin the file with I:r.e reasont! ,e!-eforealongwithwhateveradditionalactionsthe Contractormayhave aken.
Provide irr,mediate written notification to the Director when the union or unions FYI-S - ed Fard Eng. Cor,s. l'ant Service Agreement, Short Form Total Fee (11-2022) Exhio' lt D
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Ath vv` ic'- Ccntracter has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor' s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area wrricn expressiy include minorities and women, including upgrading grog - arns I ,i apprenticeship and trainee programs relevant to the Contractor's reiployn-, en : needs, especially those programs funded or approved by the Deparariem of Labor. Tne Contractor shall provide notice of these programs to the s, ou ces '. led :! -) der 7) above.
DiSse °'"^ fie the Contractor' s EEO policy by providing notice of the policy to n; f r s ' at,, c. . 2,in ng programs and requesting their cooperation in assisting the ieetingits 'EEOobligations; by includingit in any policymanualand i. g agreement; by publicizingit inthecompanynewspaper, annual r;o: t e;,l .. _ jeci; ic reviewiof the policy with all management personnel and with N r J or'_y ferrule employees at !east once a year; and by posting the company G pc : c b_f!':edrl boards accessible to all employees at each location where nori< Is penormed. e:
h . .I: eaa ann ally, the company's EEOpolicyand affirmativeaction ill a"": i_- _ :(._fer Oesespecificationswith all employeeshaving any responsibilityayeti`.
Termination, or otheremploymentdecisions, including e
ific i" , or these items, with onsite supervisory personnel such iF , t; ryeneraForemen, etc., prior to theinitiationof constructionwork at 9n. recordshall be madeand maintainedidentifying the timeand r; eetingS, persons attending, subject matter discussed, and disposition of the subjectmatter. Dissemin` --
the Contractor's EEOpolicy externallyby includingit in anyadvertising i!"': the news media, specifically including minority and femalenews ecia, n , oviding written notificationto anddiscussingthe Contractor's EEOicy witho: r: ercontractorsand subcontractorswith whomthe Contractordoes or anticipates doing business. i.
Directis recruitmentefforts, both oral and written, to minority, female, and community organizations, to schoolswith minorityand femalestudents; and to minority and femalerecruitmentand trainingorganizationsserving the Contractor's ecruitrnent area and employmentneeds. Not laterthan one monthprior to thedateror the acceptanceof applicationsfor apprenticeshipor othertrainingby anyrecruitment source, the Contractorshall send writtennotificationto organizations, such as theabove, describingthe openings, screening procedures, and teststo beused in theselectionprocess. j.
Encouragepresent minority and femaleemployeesto recruitother minoritypersons acid womenand, wherereasonable, provide after school, summer, and vacation employmentto minorityand femaleyouth both on thesiteandin otherareasof a contractor's workforce. Validaie
ik testsand otherselectionrequirementswhere there is anobligationo doso undarZ 1 Cr=R part60- 3. C,,
Onduct, ?t leastannually, an inventoryand evaluationat leastof allminorityand FYI- S cedFuns' F,, g. ConsLtant ServiceAgreement, Short Form Total Fee ( 11- 2022) Exhibit D Page
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VUI: UJIIJ. II MIVUIUpt1 IV. JCJ I I I V- OJC4-- FO! IMv. I' en: a! e pe sc- ei, for promotionalopportunitiesandencouragetheseemployeesto seek or to prepare for, through appropriate training, etc., such opportunities. n. Ensure6-at senioritypractices, job classifications, work assignments, and other personnelpracticesdonothavea discriminatoryeffectbycontinuallymonitoringall personnelahodemploymentrelatedactivitiesto ensurethat the EEO policyandthe Contractor' s obligations under these specifications are being carried out. rr_ Ensure aii facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privGly between the sexes.
M and mmaintaina record of all solicitations of offers for subcontracts from ninoril: y ran + _.!" r ale construction contractors and suppliers, including circulation of minority ano female contractor associations and other business SG iat rJi , c
Con +_ Icy: review; at least annually, of all supervisor' s adherence to and C.;orrtracor' s EEO policies and affirmative action obligations.
8. =, cal_+raged to participate in voluntary associations, which assist in fulfi ; inc c:re /: ore of their affirmative action obligations ( 7a through 7p). The efforts of a cei," tradLo ::.. 4s } ciaticn, joint contractor union, contractor community, or other similar grogios cf r. ontra(-_: or s a member and participant may be asserted as fulfilling any one its obligations under 7a through 7p of these specifications provided that ` G+ci:ive6l pamcipates in the group, makes every effort to assure that the impact on the employment of minorities and women in the r ':[ t
2,
ne concrete benefits of the program are reflected in the ai_10tomato workiurce participation, makes a good faith effort to rnee., : rnd1_irnetabies, and can provide access to documentation whi,_. r 6e:,.-! or S-. I s LheeTtecti, eness of actions taken on behalf of the Contractor. The mifever, is the Contractor' s and failure of such a group to fulfill an ooil_ laaor: i` r, e a Defense for the il, ontractor' s noncompliance.
9. s n` ca cr rrii,oMies and a separate single goal for women have been estc, l lip ec'. C,: jroractor, i-;owever, is required to provide equal employment op*oortunityano to take affirmativeactionfor all minoritygroups, bothmaleandfemale, and all womer),
1 to minorityand non -minority. Consequently, if the particulargroupis employed in a si-ostaniially disparate manner (for example, even though the Contractor has : ac sieveC i;: goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.
10.The Contractor snail not use the goals and timetables or affirmative action standards todiscriminateagainstanypersonbecauseofrace, color, religion, sex, ornationalorigin.
11.- he Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12.The Contractorsnail carry out such sanctionsand penaltiesfor violationof these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing.
OF SEGREGATED FACILITIES
a) The Con,, -actor agrees that it does not and will not maintain or provide for its err-,ployeesany segregatedfacilitiesat any of its establishments, and that it does not FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022) Exhibit C`
LJUL; U, D1y II CI IVCIUjJC I: . JGJ I I IL - 0004-" 0/ l- DUUU- IIVLGF-: Fi LI IMli l.. ard will not Per::, it its employeesto performtheir servicesat any locationunderits control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. b) " Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooi-ns and wash rooms, restaurants and other eating areas, time clocks, iocker rooms and other- storage or dressing areas, parking lots, drinking fountains, recreation or enartainmeni areas, transportation, and housing facilities provided for ernplovees i'r; c:' "- resegregatedbyexplicitdirectiveorareinfactsegregatedonthe basis i race, color, re-ligion, sex, or national origin because of written or oral policies or employee cus;! Dr . The terra does not include separate or single - user rest rooms or necessary dresso-,a or sleeping areas provided to assure privacy between the sexes. c) The Conti aiL' or shall include this clause in every subcontract and purchase order t a, is subjec : o -r:e Equal Employment Opportunity clause of this contract. f . r:(;'. "..
c: .
Nl i m`ii OF RECOVERED MATERIALS
t,.hcontractor agree to comply with Section 6002 of the Solid Waste is, o ;.', -._ rnendec; by ti.e ResourceConservationand RecoveryAct, and the rsguia; ory ; CrcV: S;Cf- c Q " FR 1:'art 247. In the performance of this contract and to the thLera t.' .,,.. Cci'_ : na . L_ cntac_ ors are to use products containing the i ie,l est f ercer;' =:ce of recovered materials for items designated by the Environmental PA) under 40 CFR Fart 247 whenever:
h f $ 10, 000 or more of a designatedc l-,_" act re ulres procuren- ent o rr . jui,Ii_g treefiscal year; or
ctcc has procures; $ 1, 000 or more of a designated item i _;i.. erierai I ding during the previous fiscal year.
T : le list cf ` c = led ite,-, s is avail- bi-Laat
reher: sive- procurement - guidelines -construction-
iJn i G=. _, ii, s e;:ceptions tc the preference for recovery of EPA- cies;: a,ted tcontractorcan demonstratethe item is: a.
vai :bie withina timeframeproviding for compliancewith e c! : ci per;orrrianceschedule- aPeet
i, easonaie contractperformancerequirements; or Ja!-
le; a' Wn _,.nreasonabieprice. PR-.;
6! 0NiAPPLICABLETO PROFESSIONALSERVICES CONTRACTS $
25, 000 AND GREATERCER-
1 1r_ , '-IONS REGARDINGDEBARMENT AND SUSPENSIONi.
CEOI cFCi ± ` R' EOARD!NG DEBARMENTAND SUSPENSION (BIDDER OR OFF Ez R0R) By
submittinga bid/proposalunder this solicitation, the bidderor offerorcertifiesthat at thetil neilie uidderor ofiierorsubmitsits proposalthat neitherit norits principalsare presently debarredor suspendedby anyFederaldepartmentor agencyfrom participation in; thistransaction. FYI-
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2. ATION REGARDING DEBARMENT AND SUSPENSIONCERT! F' C
SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
The successful bidder, by administeringeach lowertier subcontract that exceeds $25,000 as a " cova= red ransaction", must verify each lower tier participant of a " covered transaction" the project is not presently debarred or otherwise disqualified from participation in _ .is federallyassistedproject. Thesuccessfulbidderwill accomplishthis by:
1. Checkin _, the System for Award ! Management at website: http://www. sam. gov
2. CoIIectil, g a certification statement similar to the Certificate Regarding DebaVrn- nt end S Ispension ( Bidder or Offeror), above.
3. Insertirc, a clause or condition in the covered transaction with the lower tier
0. r. o liirC%_
If the.' lower tier N._arti6pantfailed to tell a higher tier that it was excludes' i c _ ul.' ed at t', e time it en{.ered the covered transaction, the FAA may ursue any . vaii-3Lle remedy, including suspension and debarment. h4,^. PRO1,7ISION' S APPLICABLE TO PROFESSIONAL SERVICES CO1,11TACTS 11;t100, 000 AND GREATER
A. LOPBwyI` F --,, AND- ARIFI. UENCING FEDERAL EMPLOYEES The bidd:; l" ;.ar - eror cartifies signing and submitting this contract, to the best of his or her knowledge ana belief t^ ct:
N . _'. i app-o;^.,rated funds ;havebeenpaidor will be paid, by or on behalf the Lids r _. f :- cr, t3 ::, ny pIf, rsonfor inf! uencirgcr attemptingto influencean officeror oyea of a; envy, a Memberof Congress, an officeror employeeof Congress, or anemployee:
cf = m; berof Congressin connectionwith the awardingof anyFederalcorirGc, of ally 'F. mderalgrant, the makingof anyFederalloan, the enteringof anyvG a_, r r„ a lt, anathe exteiISIOn, continuation, renewal, amendment, c :, ulo, ti Dray=::Jjrul ccnuaCt, grant, loan, or cooperativeagreement. if ar:1, ; _li? Cl c1. ' r err:EnFederalappropriatedfunds have been paid or will be h i to afr; or attempting to influencean officeror employeeof anynency, Crm7gre-- an office, or employeeof Congress, or anemployee of ss 'n tior. ^ iith this Federal contract, grant, loan, or C, IerafiJe; ;:;e:
nt, tha undersignedshallcompleteand submitStandard Form-LLL, Asclosure, __ r e o+ Lo; oying,' irl a:; ccrdancewithits instructions. hi- certific..-i- 6- i Iis amaterialrepresentationoffact upon whichreliancewas placed when t ls r rs c. if:. :s Macleor enteredinto. S.! bmission of thiscertification is a prerequisite - tor making or emerinainto thistransactionimposedby section 1352, title31, U- S. Code.
Arype:-son whofailsto file the requiredcertificationshallbe subject to a civil ps;-ial-ty of notlassthan $10, 000 and not more than $ 100, 000 for each such failure. CIF CONTRACTTERMS Any violation or
i, reach of termsof thiscontractonthe part of the contractoror theirFYI- S Fed FundEng. ConsultantServiceAgreement, Short Form Total Fee ( 11- 2022) ExhibitD Page 19 of
21 VVI: U01YII CIIVCIUpIU. Jco I IVIU- 00o] -f0! ll- O VVV-I, VLLC'+/- 1V IMI. I suhco; , tractors , ay resultin thesuspensionor terminationof thiscontractor suchotheraction that may be necessaryto enforcethe rightsof thepartiesof thiscontract. The duties and obligationsimposed by thecontractdocumentsand the rightsand remediesavailable thereundershall be in additionto andnot a limitationof anyduties, obligations, rights and remediesotherwise imposed or availableby law. tN/
riill rde contractorw- i` tennoticethat describesthe nature of the breachand correctiveactic- s, the contractormustundertake in order to avoid terminationof the cortract. Cite reservesthe right to withholdpaymentsto contractoruntilsuch time the Cor; tractcr corrects 'he breach or the Cityelectsto terminatethecontract. TheCity' s I dJill., Gv i ; ideni7 & specificdate by whichthecontractormustcorrect the breach. OwnerF;, sy proceecaienTlinationof the contractif the contractorfails to correctthebreach by '; i2 dea lineindicatedin tiie City's notice. T he
dutiesandchli rationsimposedby the ContractDocumentsand the rightsand 2dies thereunde, are in additionto, and not a limitationof, any duties, 1 ' rer. e . Ies o,`her iseimposedor available by law. ANDVVATEER POLLUTIONCONTROL c. ;" . Irh.
r v:. JcD'nLa: torsagree. rrat an !
facilityto be usedin the performanceof the contractorsubcontracto:^ _ o benefirfroM, 'he contractis not listedon the EnvironmentalProtectionAgency ( EPA) ist of " 11oia:-1 c _ ies; crrlpiy wi
ri Giltherequirementsof Section 114of the CleanAir Act, as amended, 42 1857 et Seq. andSection308of the FederalWaterPollutionControlas r , t r. ._ , 3: j. S. C. ; 251st seq. relatingto inspection, monitoring, entry, reports, as air otherrequirementsspecifiedin Section 114and Section308 of the,Acts, rnsoectively, and all otherregulationsand guidelines issuedthereunder; as condition the award of this contract, the contractor or iity b.
e Gv, :rdi,ic officialofthe receiptof any communicationfromthe ce ,_used for the performanceof or benefitfromthe contracti t!,
n ei c. o:_Qi:.r- _ i^ n tobelistedon the EPAList of ViolatingFacilities; c or causato ' e includedin any constructioncontractor 5,'), 000 th: e aforementionedcriteriaand requirements. S A
NDS;-,,y` T'
S
a. bdDllr®S ACTr cci-::: ,..; :
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subcontractor contractingfor any partof the contractworkwhich i; i jclve. the2ir, piuyniel-IL of laborersor mechanicsshallrequire or Gi- or or mechanic, includingwatchmen and guards, in any r:'; ,' '- 7:
r sr;eis employedonsuch workto work in excessof forty messst:
l :: borer or mechanicreceivescompensation as ; ia;
o; e andone-half timesthe basic rate of pay for all hoursO' r for ; 1-iours insuch workweek. FYI- S
Fed ':FundIng, --nsu, tant Se rv'. ce Agreement, ShortForm Total Fee ( 11- 2022) Exhibit0
of 21
VUUUO1 1I CIIVCIUYU IU. JCJ I IV IU- OJD4--+ O/ l..- DVVV- I.. VGG C4HU IHIJ IJ
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violationof the clauseset forth in paragraph (1) above, the contractor and any subcontractorresponsibletherefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the Unil— I States ( in the case of work done under contract for the District of Columbia or aterritory, to such District orto such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laboreror mechanic, includingwatchmenand guards, employedin violationof the ciause set forth in paragraph 1 above, in the sum of $ 10 for each calendar aay on vvhichsuch individuai was required or permitted to work in excess of the standardworkweekoffortyhourswithoutpaymentoftheovertimewagesrequired by the cause set forth in paragraph 'i above.
V1'i_hholding for Unpaid Wages and Liquidated Damages.
The FE: era; ,'-;- viation Administration or the Sponsor shall upon its own action or upon written c 'hareauthorized representative of the Department of Labor withhold or causesobe wii'idhld, frorn any moniespayableon accountof work performedby the contrac+or or s,_:hcon.tractcr sanderany such contract or any other Federal contract with the same prime contractor, or any other Federally -assistedcontract subject to the Contract Vvork Hers and Safety Standards Act, which is held by the same prime contractor, suchsurnsas maybedeterminedto be necessaryto satisfyany liabilitiesof such contracto or, subcontractor for unpaid wages and liquidated damages as provided in the clauses iortn in paragraph 2 above.
The car ti :macar su'-'contrac or sipoll insert in any subcontracts the clauses set forth in paragrapr is 1 trougr 4 and also a clause requiring the subcontractor to include these clauses In any cwer tier subcontracts. The prime contractor shall be responsible for compli Iice b,,, e:,;-,,, subcontractor or lower tier subcontractor with the clauses set forth in parag1raphs ' ii 1, ough 4 of this section.
FYI- S Fed Fund F-nc. Gr sultunt Service Agreement, Short Form Total Fee ( 11-2022) Exhibit D
VUVU01 II GI IvtnuyC IV. JGJ 1 I IU- OJU4" FO/ ll- JV VV- IiVGGC VHU IHI.. IJ Attachment A: 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 Thiscertiication statement with their proposal. The bidder or offeror must indicate how they intend to complywith 4.9 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".
Pidds _, r c-i'lllerorherebycertifiesthat it will complywith49 USC. 50101by:
a) Cnly installingsteelandmanufacturedproductsproducedinthe United aae; or
b) Installingmanufacturedproductsfor whichthe FAAhas issueda waiver as indicated by inclusion on the current FAA Nationwide Buy American j aivers issued listing; or
c) ii (stallingproductslistedas an ExceptedArticle, Materialor Supplyin Federal Acquisition Regulation Subpart 25. 108.
By selecting .Luiscerl,,ification statement, the bidder or offeror agrees:
1. To Drovideto 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. TD refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA deterrnines justified.
The bidder or offeror hereby certifies it cannot comply with the 100% Buy Arerican Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3 or vpe 4 waiver under 49 USC § 50101( b). By selecting this certification staters en-L, the apparent bidder or offeror with the apparent low bid agrees:
i:, e sub-; it to the Owner within 15 calendar days of the bid opening, Tcrr!-1a1 ,qaiver request and required documentation that support the e c, % n,a;!ver tieing requested.
EJ,at I'ailurc to submit the required documentation within the specified imeframe is cause for a non -responsive determination may results in J'ection of t1heproposal.
3. To taitrriu1iycomplywith providingUSdomesticproductsat or abovethe proven 'USaornesticcontentpercentageasapprovedbytheFAA. rurnish JS domestic productfor any waiver request that the FAA rejects.
5. °) refrain from seeking a waiver request after establishmentof the cz„; it. ct; unless extenuating circumstances emerge that the FAA Reauired
Type 3 Waive 7`-,s c: s': c; col; ponentsand subcomponentsproducedin the United States is mere _ // 1c, cost of all components and subcomponents of the "facility".
FYI- S Fed Fund Eng. c:. ant Service graement, Short Form Total Fee (11-2022) hi` D - i - = 1 Pa,
e 1 of 2
LJUUU,D1yII CIIVCIUFIC IU. JCJ I I I U- 0J04- 10I U- 000U- I ULGC'+ tA' IF1l.rl.r The required documentation for a type 3 waiver is:
a) Listing of all manufacturedproductsthat are not comprisedof 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 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 1oca0on.
Type 4 Wai,_, c -- Totalcost of projectusing US domesticsourceproductexceedsthe total projectcc;s` u_Isingnon-dcrnesticproductby 25%. The required documentation for a type 4 of wE,Jver is:
a) Ce:a,'Iad cost information for total project using US domestic product b) Detailed cost information for total project using non -domestic product Vaise Per49 USCg 47126, this certificationconcernsa matterwithinthe jurisdiction ci Faderai Aviation Administration and the making of a false, fictitious or fraudulen. c,= -` i{:cationmayrenderthe makersubjectto prosecutionunderTitle 18, United States C-) de.
Date
Comp: ny N1 , a
Signature
Title
FYI-S FedFundEng, ConsultantServiceAgreement, ShortFormTotalFee (11-2022) Exhibit D — Attachment A
VVUUJIIJ. II CIIVCIuptC IV. JCJ I IV I V- OJO- tiGlll- VVV- I..VGLC'- FMV IM' U f'P :' raerat B: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR MANUFACTURED PRODUCTS
Non -building construction projects, equipment acquisition projects) As a matterof bidresponsiveness, the bidderor offerormustcomplete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter " X". 0 Biddercr offerorherebycertifiesthat it will complywith49 USC § 50101 by:
a) installingsteeland manufacturedproductsproducedin the United Sta[ as, or;
b) Installingmanufacturedproductsfor whichthe FAAhasissueda waiveras indicatedby inclusionon the currentFAA NationwideBuy American Waivers Issued listing, or;
c) installing products listed as an Excepted Article, Material or Supply in Feoeral Acquisition Regulation Subpart 25. 108.
Byss'ecti.r',g this certificationstatement, the bidderor offeroragrees:
1. To crovide to the Owner evidence that documents the source and origin of ire steel and manufactured product.
2. To raithfuilycomplywith providingUSdomesticproduct
3. Ynt` Ire°ShUS domesticproductfor anywaiverrequestthat the FAArejects
4. To refrainfromseekingawaiverrequestafterestablishmentofthe contract, i :ss extei,uating circumstances emerge that the FAA determines 1 The ' r_ ic' er :) r orfe:.- or " ereby certifies it cannot complywith the 100% Buy Americ n Prefsrences of 49 USC § 50101 (a) but may qualify for either a Type 3 or 4 v,,a A'sr under 49 USC § 50101( b). By selecting this certification state- .: !, ; e apparent bidder or offeror with the apparent low bid agrees:
To the sl_ rmit to the Ownerwithin. 15calendardaysof the bidopening, a formal w,-:. JveY required documentation that support the type of waiver being i. railure to submit the required documentation within the specified cruse for a non-respor:sive determination may result in r _.; t;- n of hl prej--osal.
thfullycomplywithprovidingUSdomesticproductsat or abovethe c , d USdomesticcontentpercentageas approvedby the FAA.
3. :--- frainfromseekinga waiverrequestafterestablishmentofthe contract, s axtenuating circumstances emerge that the FAA determines FYI- S Fed FLnd En; j, Service. Agreemient, Short Form Total Fee ( 11-2022) Exhibit D — A, ac a
UUUU, Dl I I GI IV CIupI IIJ. JCJ I I V I Ll- . C /
Required D, f
Type 3 t,i uof;. -! ie cost of the item components and subcomponents produced in the United Siates is r-- rE. that 50% of the cost of all components and subcomponents of the item". The required documentation for a type 3 waiver is:
Ci product components and subcomponentsthat are not
1 0% US domestic content ( Excludes products listed on theI , , Iation,., vide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108- 1 products of
unknown origin must be considered as non -domestic products in their entity)
b) Cost of non- dorr, estic components and subcomponents, excluding labor co_, s associated with final assembly at place of manufacture. c) Percentage of non -domestic component and subcomponent cost as com,lared to total " item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.
Type 4 Ara -,, : -- - Mal cost of project using US domestic source product exceeds the total protect _-.ost using ;ing non -domestic product by 25%. The required documentation for a type 4 of is:
a) cost inlorrria'Jon for total project using US domestic product b) ngtailed cost informa#ion for ',eta[ project using non -domestic product False i= er49 USCg47128, thiscertificationconcernsa matterwithinthe junsaiciicn , deral Aviation Administration and the making of a false, fictitious or frauduler n mayrenderthe makersubjectto prosecutionunderTitle 18, United S_ atce
Date _ Signature
Title
FYI-S Fed Fund Eng: Consultant Service Agreement, Short Form Total Fee (11-2022) EXhi It C— AttachFt 3 Page
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