FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-1-
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective __________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and CSDA DESIGN GROUP , INC. (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional consultant services for Fresno Yosemite International Airport FAR Part 150 Noise &RPSDWLELOLW\ Program Funded by the Department of Defense (DoD) IRU 3KDVH %LG *URXS KRPHV
DQG3KDVH%LG*URXS
KRPHV
; and
WHEREAS, the Consultant is engaged in the business of furnishing services as an $UFKLWHFWXUDO and Acoustical Engineering Firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for 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 which may be reimbursed with Federal Aviation Administration funds as they are made available; and
WHEREAS, the Federal Aviation Administration (FAA) is in the process of updating the required contractual provisions required for agreements funded in whole or in part with FAA funding; and
WHEREAS, the FAA shall provide updated required contractual provisions at some point in the future which shall be incorporated into this Agreement; 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 the 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:
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, such services even though not specifically described in Exhibit A. 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 0DUFK
subject to any earlier termination in accordance with this Agreement. The services $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026) -2-
of the Consultant, 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
consecutive calendar days from
such authorization to proceed. The City and Consultant agree the FAA’s required contractual provisions shall be added to the Agreement. Consultant shall agree to add the FAA’s required contractual provisions in a subsequent amendment to this Agreement. The City Manager or designee shall have the authority to approve an amendment to this Agreement adding the FAA’s UHTXLUHGFRQWUDFWXDOSURYLVLRQV
Compensation
D
The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of )LYH+XQGUHG6L[W\2QH7KRXVDQG7KUHH+XQGUHG6HYHQW\'ROODUV
Such fee includes all expenses incurred by the Consultant in performance of the services
E
Detailed statements shall be rendered monthly and will be payable in the normal course of City business.
F
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 amendment to the Agreement signed 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.
Termination, Remedies, and Force Majeure.
D
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) 7 calendar days prior written notice with or without cause by the City to the Consultant;
LLL
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; (iv) termination of any applicable grant agreement as set forth in Section 11(f) of this Agreement, or (v) expiration of this Agreement.
E
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 City any and all unearned payments and all properties and materials in 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 paid for any work or services performed or costs p y
consecutive calendar days
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-3-
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with 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 payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on 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 (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental 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 Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the 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 occurrence beyond the reasonable control of the Consultant and 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 reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, 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, compilation s, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-4-
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, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and 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, tracings, plans, computations, specifications, computer disk 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 Consultant will be at the City’s sole risk and without liability or 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 mut ually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to 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 agre es to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses and cost to enforce this Agreement) that arise out of, pertain to, or relate to 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 $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-5-
performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, ,and volunteers 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) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of 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 Consultant or any of its subcontractors/sub-consultants fail to maintain any 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 the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of 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 proceedings commenced against it, indicating that the insurer is 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 indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of 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 relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-6-
subcontractors, or anyone employed directly or indirectly by any of them.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in 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 writing of any change to the information provided by the Consultant in such statement.
(b) The Consultant shall comply, and require its subcontractors to 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 Fres no Municipal Code (Ineligibility to Compete). At any time, upon written request of 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.
Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, 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 connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-7-
(f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant 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 Program. In the event the Consultant maintains an office or operates a facility(ies), or is requi red herein to maintain or operate same, within the incorporated limits 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 Management Division, 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 establishm ent of the recycling program in paragraph (a) above and the ongoing maintenance thereof.
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 provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all 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 any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. 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 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 provided evidence to the City that the Consultant is licensed to perform the $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-8-
services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is 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 agrees to comply with all applicable federal assurances identified in Exhibit D and require that each subcontract include the same assurances by each of its subcontractors. The City shall have the authority to unilaterally update and incorporate the federal assurances identified in Exhibit D should the federal government update the federal assurances during the term of this Agreement.
(e) City of Fresno v. Turner. The City is a party to City of Fresno v. Turner , 3:25-cv-07070-RS (N.D. Calif.). Pursuant to the court’s preliminary injunction (PI) in that action, issued on September 23, 2025, and the Amended Preliminary Injunction issued on April 28, 2026, the U.S Department of Transportation, including the Federal Transit Administration, Federal Highway Administration, and Federal Aviation Administration (collectively “DOT”), will not impose or enforce the challenged conditions included in the PI (challenged conditions listed below), or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to the Plaintiffs and subrecipients, including the City. Further, DOT will not require the Plaintiffs or their subrecipients to make any certification or other representation related to compliance with such terms and conditions nor will DOT refuse to issue, process, or sign grant agreements based on the Plaintiffs’ participation in this litigation. Should DOT prevail in the District Court or on appeal, then DOT will require that the City agree to the original terms and conditions if the City wishes to continue with the grant in place but will not retroactively impose any such terms and conditions on funds that have already been disbursed to the City.
The challenged conditions include any grant condition that requires or obligates a plaintiff recipient to certify or otherwise agree that it does not operate any Diversity, Equity, and Inclusion (DEI) programs; that it does not promote gender ideology or elective abortion; that it is required to cooperate with federal immigration enforcement; or that otherwise requires compliance with the following Executive Orders: Executive Order (EO) 14151 (Ending Radical and Wasteful Government DEI Programs and Preferencing); EO 14168 (Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government); EO 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity); EO 14182 (Enforcing the Hyde Amendment); and EO 14332 (Improving Oversight of Federal Grantmaking).
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-9-
As stated in Section 4(a) of this Agreement, should DOT prevail in the District Court or on appeal, and the City chooses, as a result, to terminate any applicable grant, the City may terminate this Agreement.
12. Nondiscrimination. To the extent requir ed 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 during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical di sability, 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 ag ainst 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 conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of The Consultant in pursuit hereof, state that 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, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) The Consultant will send to each labor union or represent ative of workers $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-10-
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 post copies of the notice in conspicuous places available to employees and 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) In the furnishing of the services provided for herein, the Consultant is acting 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 associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall 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 City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (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 City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory . It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-11-
of this Agreement shall 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 registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assi gns, 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 attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due 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 monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, including, but not limited to, the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a 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, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-12-
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 resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
23. Attorney's 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 prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
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 Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties provided for within the body of this Agreement, shall be null and void.
26. Cumulative 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 Party 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 Agreement. Each party acknowledges that 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 authorized and executed by both the City and the Consultant. [Signatures follow on the next page.]
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-13-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White
City Manager
By:
Mark Thorpe
Director of Aviation
Airports Department
No signature of City Attorney required.
Standard Document #FYI-S Fed Fund
CSA, Total Fee –CMO (08-2026) has
been used without modification, as
certified by the undersigned.
By:
(ORGLD&DYD]RV
$FRXVWLFDO3URJUDP&RRUGLQDWRU
ATTEST:
AMY K. ALLER
City Clerk
By:
Date
Deputy
CSDA DESIGN GROUP,
INC.
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
Addresses:
CITY:
City of Fresno
Attention: Elodia Cavazos, Acoustical
Program Coordinator
4995 E. Clinton Way
Fresno, CA 93727
Phone: (559) 621-4506
E-mail: elodia.cavazos
@fresno.gov
CONSULTANT:
CSDA DESIGN GROUP, INC.
Attention: Randy Waldeck, President
364 Bush Street, Second Floor
San Francisco, CA 94101
Phone: (415)321-1145
E-mail:
rwaldeck
@csdadesigngroup.com
$#
%
!
"
!
&
##
"
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee –CMO (08-2026)
-14-
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
4. Exhibit D - Assurances
$#
%
!
%
*(! $$+
#%&
#"
$
(;+,%,7$
6&23(2)6(59,&(6
&RQVXOWDQW6HUYLFH$JUHHPHQWEHWZHHQ&LW\RI)UHVQR
&LW\
DQG&6'$'(6,*1*5283,1&
&RQVXOWDQW
)UHVQR<RVHPLWH,QWHUQDWLRQDO$LUSRUW)$53DUW1RLVH&RPSDWDELOLW\3URJUDP )XQGHGE\WKH'HSDUWPHQWRI'HIHQVH
'R'
for
Thirty-Four (34) Homes
The following Scope of Work (SOW) is intended to describe the services required to provide design and construction administration services to sound insulate thirty-four (34) single-family homes impacted by noise from Fresno-Yosemite International Airport. The services provided are a continuation of the Residential Sound Insulation measures contained in the Part 150 Noise Compatibility Program (NCP) for Fresno Yosemite International Airport (Airport). However, the project is sponsored by the Department of Defense (DoD) in conjunction with the Airport. The scope of work will require acoustic testing, design, and construction administration for the modification of single-family homes in the vicinity of FAT within the 65 DNL contour as depicted on the 2022 Noise Exposure Map. The work will be performed as DoD funding becomes available in two bid groups of sixteen (16) and eighteen (18) homes each, as determined by the Airport. The tasks associated with the work are intended to meet the needs of the program and are grant eligible expenses as defined by the FAA. At a minimum the detailed scope of work should include, but is not limited to, the following:
Phase 20-28: Design
x Provide project management, coordination and administration of design services. x Meet with the Building Department, confirm applicable code editions and submittal requirements for permitting.
x Review and update existing Architectural, Mechanical and Electrical design documents to reflect the current applicable Code requirements.
x Review and update Hazardous Materials results reports for each property. x Review and update technical specifications and details. x Conduct weekly design meetings internally with sub-consultants. x Prepare construction documents as necessary and in accordance with FAA, federal, state, local government, local agency and utility requirements which include plans, details and technical specifications for acoustic treatment of eligible residences. x Perform QA/QC reviews of design documents.
x Prepare bid documents including final design drawings for the installation of acoustical treatments, mechanical and electrical designs, hazardous materials reports, specifications and details. x Prepare a cost estimate for each property.
x Prepare permit copies of plans and details in compliance with City and County permit processes and plan check requirements.
$#
%
!
%
*(! $$+
#%&
#"
$
Fresno-Yosemite International Airport
Sound Mitigation Acoustical Remedy Treatment (SMART) Program Scope of Work - June 23, 2026, REVISED
Phase 20-28: Construction Administration
x Provide construction management and coordination.
x Provide pre-bid and bidding support such as the preparation of the pre-bid meeting agenda, attend the pre-bid meeting, respond to requests for information and provide addenda as needed. x Assist the Airport in the review of bids received from bidding contractors. x Submit drawings for permitting to the City an d County Building Departments. Respond to plan check review comments and resubmit as required for permitting. x Provide pre-construction support such as attending pre-construction meetings. Estimate 1 meeting per bid group or phase of construction.
x Review the contractor’s submittals. Route and track as necessary until final approval. x Attend contractor’s “verification of measurements” site visits. x Respond to contractor’s Requests for Information (RFIs). x Conduct warehouse materials inspections of the windows and doors as shipments are received and prior to construction start.
x Assist the contractor with documenting existing conditions, such as existing damage at each property prior to construction start.
x Monitor the contractor’s construction schedule.
x Conduct weekly construction progress meetings with the general contractor (and subs as required) to monitor construction progress, track liquidated damages and understand potential delays due to product delivery schedules, etc.
x Submit weekly construction progress reports to Airport, including number of open homes, closed homes, liquidated damages, change order tracking, percentage of work completed at each residence and associated costs.
x Provide hazardous materials abatement oversight, inspection and testing. x Provide construction observation at each property during construction (minimum 3 visits per home) and Daily Logs documenting construction progress.
x Provide substantial completion and final inspections at each proper ty (including the identification of punch-list items) to ensure that all work an d materials conform to the contract documents and quality standards.
x Review “close-out” materials for each proper ty including “as-built drawings”, warranty and operation and maintenance materials for the prod ucts installed, final permits, etc. These materials will be provided by the contractor and will be reviewed prior to transfer to homeowner. x Assist with review of contractor payment applications, cost proposals and change orders. x Conduct Post-Construction Acoustical Testing at three (3) homes. (Note: 50% of pre-tested homes are eligible for post-construction acoustical testing. 7 homes were acoustically pre- tested.)
x Provide post-construction acoustical measurement analysis and a pre- and post-construction measurement results report to Airport to quantify the noise level reduction improvements. x Participate in warranty claim resolution while under contract to the Airport. $#
%
!
%
*(! $$+
#%&
#"
$
Fresno-Yosemite International Airport
Sound Mitigation Acoustical Remedy Treatment (SMART) Program Scope of Work - June 23, 2026, REVISED
Phase 21-29: Program Planning and Outreach
x Assist Program Coordinator with outreach as needed.
Phase 21-29: Acoustical Services / Pre-Design
x Develop a project schedule.
x Meet with the Building Department, confirm applicable code editions and submittal requirements for permitting.
x Schedule and conduct an “Initial Home Survey” of seventeen (1 ) properties for the purpose of determining if there are life-safety or other issues which would preclude participation in the SMART Program.
x Schedule and conduct pre-construction acoustic testing at five (5) properties to determine eligibility.(Note: Pre-construction testing levels are based on 30% of homes.) x Provide acoustical measurement analysis and eligibility results reports to Airport. x Perform noise modeling as needed to estimate how the proposed acoustical treatments will perform and verify the resultant interior noise levels will meet FAA goals. If acoustical treatments in addition to windows and doors are required, present the data to the FAA to justify eligibility for additional acoustical treatments.
x Update field survey templates and acoustical datasheets as required.
Phase 21-29: Design
x Provide project management, coordination and administration of design services. x Provide Architectural, Acoustic, Mechanical, El ectrical, and Hazardous Material related design services as required.
x Schedule and participate in surveys of the eligib le residences to assess and document existing conditions as they relate to the installation of acoustical treatments and mechanical-electrical equipment.
x Schedule and conduct hazardous materials surveys of all participating homes. Process samples and provide reports to be included in the bid documents.
x Inspect and document possible unsafe and/or unpermitted modifications to the structure. Notify Airport of possible unsafe and/or unpermitted modifications to the structure. x Prepare background drawings of the building, site and floor plans. x Conduct weekly design meetings internally with sub-consultants. x Prepare construction documents as necessary and in accordance with FAA, federal, state, local government, local agency and utility requirements which include plans, details and technical specifications for acoustic treatment of eligible residences. x Prepare permit copies of plans and details in compliance with City and County permit processes and plan check requirements.
x Perform design review with participating homeowners and obtain sign-off. Incorporate homeowner comments into the final design documents as necessary.
x Perform QA/QC reviews of design documents.
x Prepare bid documents including final design drawings for the installation of acoustical treatments, mechanical and electrical designs, hazardous materials reports, specifications and details. $#
%
!
%
*(! $$+
#%&
#"
$
Fresno-Yosemite International Airport
Sound Mitigation Acoustical Remedy Treatment (SMART) Program Scope of Work - June 23, 2026, REVISED
x Prepare a cost estimate for each property.
Phase 21-29: Construction Administration
x Provide construction management and coordination.
x Provide pre-bid and bidding support such as the preparation of the pre-bid meeting agenda, attend the pre-bid meeting, respond to requests for information and provide addenda as needed. x Assist the Airport in the review of bids received from bidding contractors. x Submit drawings for permitting to the City and County Building Departments. Respond to plan check review comments and resubmit as required for permitting. x Provide pre-construction support such as attending pre-construction meetings. Estimate 1 meeting per bid group or phase of construction.
x Review the contractor’s submittals. Route and track as necessary until final approval. x Attend contractor’s “verification of measurements” site visits. x Respond to contractor’s Requests for Information (RFIs). x Conduct warehouse materials inspections of the windows and doors as shipments are received and prior to construction start.
x Assist the contractor with documenting existing conditions, such as existing damage at each property prior to construction start.
x Monitor the contractor’s construction schedule.
x Conduct weekly construction progress meetings with the general contractor (and subs as required) to monitor construction progress, track liquidated damages and understand potential delays due to product delivery schedules, etc.
x Submit weekly construction progress reports to Airport, including number of open homes, closed homes, liquidated damages, change order tracking, percentage of work completed at each residence and associated costs.
x Provide hazardous materials abatement oversight, inspection and testing. x Provide construction observation at each property during construction (minimum 3 visits per home) and Daily Logs documenting construction progress.
x Provide substantial completion and final inspections at each proper ty (including the identification of punch-list items) to ensure that all work an d materials conform to the contract documents and quality standards.
x Review “close-out” materials for each proper ty including “as-built drawings”, warranty and operation and maintenance materials for the prod ucts installed, final permits, etc. These materials will be provided by the contractor and will be reviewed prior to transfer to homeowner. x Assist with review of contractor payment applications, cost proposals and change orders. x Conduct Post-Construction Acoustical Testing at three (3) homes. (Note: 50% of pre-tested homes are eligible for post-construction acoustical testing. 5 homes are to be pre-tested.) x Provide post-construction acoustical measurement analysis and a pre- and post-construction measurement results report to Airport to quantify the noise level reduction improvements. x Participate in warranty claim resolution while under contract to the Airport. $#
%
!
%
*(! $$+
#%&
#"
$
Fresno-Yosemite International Airport
Sound Mitigation Acoustical Remedy Treatment (SMART) Program Scope of Work - June 23, 2026, REVISED
Exceptions
x It is assumed that one (1) substantial and one (1) final inspection is to occur at each property.
Should the contractor devise a “split” construction schedule due to material delay, additional construction administration fees may be warranted for added site visits, additional effort tracking construction progress, extra construction monitoring and additional materials inspections.
x Structural engineering services are not included.
$#
%
!
%
*(! $$+
#%&
#"
$
CSDA Confidential 8/19/2026 Page 1 of 1
Fresno Yosemite International Airport SMART Program Fee Proposal for Group 20-28 (16 Homes) FEES
ADDITIONAL
REIMBURSABLE SERVICES AS
EXPENSES REQUIRED
TOTAL
CSDA Design Group
$ 63,600.00 $
12,418.00 $
10,000.00 $
86,018.00
Associated Design and Engineering (ADE)
$ 54,800.00 $
-
$
-
$
54,800.00
YDG
$ 22,016.00 $
2,470.00 $
-
$
24,486.00
Provost & Pritchard
$ 21,120.00 $
-
$
-
$
21,120.00
SUBTOTAL
GRAND TOTAL $ 186,424.00
Fresno Yosemite International Airport SMART Program Fee Proposal for Group 21-29 (18 Homes) FEES
ADDITIONAL
REIMBURSABLE SERVICES AS
EXPENSES REQUIRED
TOTAL
CSDA Design Group
$ 125,800.00 $
21,208.00 $
10,000.00 $1 5 7 , 0 0 8 . 0 0
Associated Design and Engineering (ADE)
$ 86,580.00 $
-
$
-
$
86,580.00
YDG
$ 44,748.00 $
8,490.00 $
-
$
53,238.00
Provost & Pritchard
$ 78,120.00 $
-
$
-
$
78,120.00
SUBTOTAL
GRAND TOTAL $ 374,946.00
TOTAL FOR GROUPS 20-28 and 21-29 $ 561,370.00
$ 335,248.00 $ 29,698.00 $ 10,000.00 $ 374,946.00 $ 161,536.00 $ 14,888.00 $ 10,000.00 $ 186,424.00 Exhibit A
SCHEDULE OF FEES
Consultant Service Agreement between City of Fresno
a n dC S D AD e s i g nG r o u p
Fresno Yosemite International Airport FAR Part 150 Noise Compatibility Program $#
%
!
%
*(! $$+
#%&
#"
$
CSDA ADE YDG P&P Total
Initial Home Survey -$
Acoustical Testing (Pre) -$
Acoustical Testing (Post) 2,000.00 $ 2,000.00$ 3 homes 6,000.00 $ Design 1,000.00 $ 625.00 $ 1,000.00$ 2,625.00 $ 42,000.00$ Hazardous Materials Testing -$
Bid 300.00 $ 300.00$ 4,800.00$
Construction Administration 2,300.00$ 2,800.00 $ 376.00 $ 1,320.00 $ 6,796.00 $ 108,736.00$ Total 3,600.00 $ 3,425.00 $ 1,376.00 $ 1,320.00 $ 9,721.00 $ Total 161,536.00$ Per Home Cost x 16 Homes 155,536.00 $ Total for Groups 20-21 and 21-29:
Post Acoustical Testing (3 Homes) 6,000.00 $
496,784.00$
Total Cost Group 20-28 161,536.00 $
63,600.00$ 54,800.00$ 22,016.00 $ 21,120.00 $ 161,536.00 $ CSDA ADE YDG P&P Total
Initial Home Survey 215.00 $ 215.00 $ 3,870.00 $ Acoustical Testing (Pre) 2,000.00 $ 2,000.00$ 5 homes 10,000.00 $ Acoustical Testing (Post) 2,000.00 $ 2,000.00$ 3 homes 6,000.00 $ Design 3,500.00 $ 1,795.00 $ 2,110.00 $ 7,405.00 $ 133,290.00 $ Hazardous Materials Testing 2,800.00$ 2,800.00 $ 50,400.00 $ Bid 300.00 $ 300.00$ 5,400.00 $
Construction Administration 2,300.00$ 2,800.00 $ 376.00 $ 1,540.00$ 7,016.00 $ 126,288.00 $ Total 6,100.00 $ 4,810.00 $ 2,486.00 $ 4,340.00 $ 17,736.00 $ Total 335,248.00$ Per Home Cost x 18 Homes 319,248.00$
Pre Acoustical Testing (5 Homes) 10,000.00$
Post Acoustical Testing (3 Homes) 6,000.00$
Total Cost Group 21-29 335,248.00$
125,800.00$ 86,580.00 $ 44,748.00 $ 78,120.00 $ 335,248.00 $ Fresno SMART Group 20-28 Per Home Cost for Each Task (16 Homes) Fresno SMART Group 21-29 Per Home Cost for Each Task (18 Homes) Note per home costs do not include acoustical testing.
Cost of pre- and post-construction acoustical testing is $2,000.00 per home for each test.
Note per home costs do not include acoustical testing.
Cost of pre- and post-construction acoustical testing is $2,000.00 per home for each test. $#
%
!
%
*(! $$+
#%&
#"
$
Exhibit A
SCHEDULE OF FEES
Consultant Service Agreement between City of Fresno
and CSDA Design Group
Fresno Yosemite International Airport FAR Part 150 Noise Compatibility Program Group 20-28 Fresno Yosemite International Airport SMART Program - 16 Homes Company Name
CSDA Design
Group YDG ADE
Provost &
Pritchard
Site Assessments of Homes
1 AirFare / Baggage Fees ($500 RT Airfare / $60 Baggage Fees) -$ - $ - $ -$ 2 Hotel ($300/day) x Ϯnights 600.00$ - $ - $ - $ 600.00$ 3 Per Diem ($86/day) 258.00$ - $ - $ - $ 258.00$ 4 Rental Car / Gas ( $400/week; $140 for gas) 540.00$ - $ - $ - $ 540.00$ 5 Reproduction Costs 250.00$ - $ - $ - $ 250.00$ 6 Shipping/Postage 100.00$ - $ - $ - $ 100.00$ -$
Sub Totals 1,748.00$ - $ - $ - $ - $ - $ - $ 1,748.00$
Attend Pre-Bid and Pre-Construction, Post-Construction Acoustical Testing, Construction Close 1 AirFare / Baggage Fees ($500 RT Airfare / $60 Baggage Fees) -$ - $ -$ - $ -$ 2 Hotel ($300/day) x 5 nights 6,000.00$ 1,500.00 $ -$ - $ 7,500.00$ 3 Per Diem ($86/day) 1,720.00$ 430.00 $ -$ - $ 2,150.00$ 4 Rental Car / Gas ($400/ week; $140 for gas) 2,700.00 $ 540.00 $ -$ - $ 3,240.00$ 5 Reproduction Costs 200.00$ - $ -$ - $ 200.00$ 6 Shipping/Postage 50.00$ - $ -$ - $ 50.00$ -$
Sub Totals 10,670.00$ 2,470.00 $ -$ - $ - $ - $ - $ 13,140.00$
This task shall not be used unless authorized in writing by the Director of Aviation 1 Lump Sum 10,000.00$ 10,000.00$
-$
Sub Totals 10,000.00$ - $ -$ - $ - $ - $ - $ 10,000.00$
12,418.00$ 2,470.00 $ -$ - $ - $ - $ - $ 14,888.00$
10,000.00$
24,888.00$
Construction Administration
Insert information in Dark Blue Cells only!
Task 3 Sub Total
Total Reimbursables (Tasks 1 through 4)
Total Additional Services (Task 5 only)
Total Reimbursables and Additional Services (Tasks 1 through 5) Task 4 Sub Total
Additional Services As Required
Task 5 Sub Total
$#
%
!
%
*(! $$+
#%&
#"
$
Exhibit A
SCHEDULE OF FEES
Consultant Service Agreement between City of Fresno
and CSDA Design Group
Fresno Yosemite International Airport FAR Part 150 Noise Compatibility Program Group 21-29 Fresno Yosemite International Airport SMART Program - 18 Homes Company Name
CSDA Design
Group YDG ADE
Provost &
Pritchard
Site Assessments of Homes
1 AirFare / Baggage Fees ($500 RT Airfare / $60 Baggage Fees) -$ - $ - $ - $ -$ 2 Hotel ($300/day) x 5 nights 5,400.00$ 3,000.00 $ - $ - $ 8,400.00$ 3 Per Diem ($86/day) 1,548.00$ 860.00 $ - $ - $ 2,408.00$ 4 Rental Car / Gas ( $400/week; $140 for gas) 3,240.00$ 2,160.00 $ - $ - $ 5,400.00$ 5 Reproduction Costs 250.00$ - $ - $ - $ 250.00$ 6 Shipping/Postage 100.00$ - $ - $ - $ 100.00$ -$
Sub Totals 10,538.00$ 6,020.00 $ - $ - $ - $ - $ - $ 16,558.00$
Attend Pre-Bid and Pre-Construction, Post-Construction Acoustical Testing, Construction Close 1 AirFare / Baggage Fees ($500 RT Airfare / $60 Baggage Fees) -$ - $ -$ - $ -$ 2 Hotel ($300/day) x 5 nights 6,000.00$ 1,500.00 $ -$ - $ 7,500.00$ 3 Per Diem ($86/day) 1,720.00$ 430.00 $ -$ - $ 2,150.00$ 4 Rental Car / Gas ($400/ week; $140 for gas) 2,700.00 $ 540.00 $ -$ - $ 3,240.00$ 5 Reproduction Costs 200.00$ - $ -$ - $ 200.00$ 6 Shipping/Postage 50.00$ - $ -$ -$ 50.00$ -$
Sub Totals 10,670.00$ 2,470.00 $ -$ - $ - $ - $ - $ 13,140.00$
This task shall not be used unless authorized in writing by the Director of Aviation 1 Lump Sum 10,000.00$ 10,000.00$
-$
Sub Totals 10,000.00$ - $ -$ - $ - $ - $ - $ 10,000.00$
21,208.00$ 8,490.00 $ -$ - $ - $ -$ - $ 29,698.00$
10,000.00$
39,698.00$
Construction Administration
Insert information in Dark Blue Cells only!
Task 3 Sub Total
Total Reimbursables (Tasks 1 through 4)
Total Additional Services (Task 5 only)
Total Reimbursables and Additional Services (Tasks 1 through 5) Task 4 Sub Total
Additional Services As Required
Task 5 Sub Total
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (05-2026)
Exhibit B
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City) and CSDA DESIGN GROUP, INC. (Consultant)
Fresno Yosemite International Airport FAR Part 150 Noise Compatability Program Funded by the Department of Defense (DoD)
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operatio ns. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation , indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant s ubcontracts with, shall maintain limits of liability of not less than those set forth below. However, 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 herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for produc ts and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (05-2026)
Exhibit B
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. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(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 Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for paym ent 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:
(i) 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 Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. the Consultant shall establish additional insured status for the City and for all ongoing and completed operations by 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 endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (05-2026)
Exhibit B
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 available insurance proceeds in excess of 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- contributory status by using ISO Form CG 20 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’ Compensation 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. The 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 the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five Years after completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to the City. The Consultant 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 cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (05-2026)
Exhibit B
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 executed by a licensed and authorized agent 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, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (05-2026)
Exhibit C
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Consultant Service Agreement between City of Fresno (City) and CSDA DESIGN GROUP, INC. (Consultant)
Fresno Yosemite International Airport FAR Part 150 Noise Compatability Program Funded by the Department of Defense (DoD)
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
$#
%
!
%
*(! $$+
#%&
(! $'%*&
*( )'
)$
#%%'
$'$
!(
%
$
$
,#
"
#"
$
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno (City) and CSDA DESIGN GROUP, INC. (Contractor)
Fresno Yosemite International Airport FAR Part 150 Noise Compatability Program Funded by the Department of Defense (DoD)
During the performance of this Agreement, the Contractor, for itself and its assignees and successors in interest, agrees as follows. The City is referred to in this Agreement as the ‘Sponsor or Owner’. The term ‘Contractor’ is understood to mean a contractor, subcontractor, or Contractor; and means one who participates, through a contract or subcontract (at any tier).
I. PROVISIONS APPLICABLE TO ALL SERVICE CONTRACTS
A. ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives’ access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
B. DOMESTIC PREFERENCES FOR PROCUREMENTS
The Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in the United States, including but not limited to iron, aluminum, steel, cement, and other manufactured products, in compliance with 2 CFR § 200.322.
C. BUY AMERICAN CERTIFICATION
Attachments A and B (Buy American Certification) require the Contractor to confirm compliance with applicable Buy American provisions by selecting the appropriate certification option. The Contractor further acknowledges that, if awarded a contract, it will ensure that this Buy American certification requirement is included in all lower-tier subcontracts.
The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. § 50101, BABA and other related Made in America Laws,2 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers $#
%
!
%
*(! $$+
#%&
#"
$
Issued list.
The Contractor must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Sponsor will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (includi ng polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
The Service Provider certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.
There are two types of FAA Buy American certifications:
1. Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
2. Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
D. GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Contractor from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
E. CIVIL RIGHTS ACT OF 1964, TITLE VI
The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.
$#
%
!
%
*(! $$+
#%&
#"
$
1. Title VI List of Pertinent N ondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (“Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
x Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); x 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
x The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
x Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
x The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
x Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
x The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); x Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; x The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
x Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
2. Compliance with Nondiscr imination Requirements:
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (contractor) agrees as follows:
$#
%
!
%
*(! $$+
#%&
#"
$
1. Compliance with Regulations: The contractor (includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, In cluding Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sancti ons as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the $#
%
!
%
*(! $$+
#%&
#"
$
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
3. DISADVANTAGED BUSINESS ENTERPRISES
In the event that the Sponsor has established a Disadvantaged Business Enterprises (DBE) participation goal for the Project which is the subject of this contract, contractor shall comply with all applicable DBE requirements of 49 CFR Part 26. The DBE participation may be composed of any combination of firms certified as DBEs in accordance with 49 CFR Part 26. The cont ractor shall comply with Sponsor’s DBE Program and subcontract with those firms as previously submitted to Sponsor (on form provided by Sponsor) on the contractor’s list of disadvantaged businesses to meet the DBE participation goal for this Project. If the contractor intends to subcontract a portion of the services to be performed hereunder, the contractor shall affirmatively seek out DBEs that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability and prices. Any questions concerning DBE issues shall be addressed to DBE Program staff at Telephone No. (559) 498-4071 or Fax No. (559) 621-1182.
Contract Assurance (49 CFR § 26.13) – The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26, including any amendments thereto, in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29 ) – The prime contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the contractor receives from Sponsor . The prime contractor agrees further to return any retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor . This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f) – The prime contractor $#
%
!
%
*(! $$+
#%&
#"
$
must not terminate a DBE subcontractor listed in response to solicitation (or an approved substitute DBE firm) without prior written consent of Owner/Sponsor. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent Owner/Sponsor. Unless Owner/Sponsor consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
Owner/Sponsor may provide such written consent only if Owner/Sponsor agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR § 26.53.
Before transmitting to Owner/Sponsor its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to Owner/Sponsor, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise [Owner/Sponsor] and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why Owner/Sponsor should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), Owner/Sponsor may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts resulting from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.
The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
G. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this agreement incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced $#
%
!
%
*(! $$+
#%&
#"
$
requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
H. RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
I. TRADE RESTRICTION CERTIFICATION
The Offeror6, by submission of an offer and/or execution of a contract, certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
The contractor must provide immediate written notice to the Sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Sponsor or subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or $#
%
!
%
*(! $$+
#%&
#"
$
(3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in go od faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Sponsor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Sponsor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Sponsor or the FAA.
J. VETERAN’S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
K. SEISMIC SAFETY
Contractor - In the performance of design services, the Contractor agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Contractor agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
CONTRACTOR- The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local $#
%
!
%
*(! $$+
#%&
#"
$
building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
4. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act P.L. 115-232, § 889(f)(1)).
5. PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS) The Bidder or Offeror certifies that they are aware of and comply with relevant Federal statutes and regulations, including those from the Federal Aviation Administration (FAA), for operating unmanned aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA Reauthorization Act of 2024 (Public Law 118-63), section 936 (49 U.S.C. § 44801 note).
Contractor warrants that all UAS operations will be conducted in full compliance with all applicable Federal Aviation Administration (FAA) regulations, including but not limited to 14 CFR Part 107, and any other applicable local, state, or Federal laws and regulations.
Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract related to covered unmanned aircraft systems (UAS). This includes both procurement and operational contracts, as well as contracts with entities that operate such systems.
6. CERTIFICATION OF OFFEROR/BI DDER REGARDING TAX DELINQUENCY
AND FELONY CONVICTIONS
Attachment C (Certification) requires the applicant to disclose its current status regarding tax delinquency and felony conviction by selecting the appropriate response.
The applicant also acknowledges that it will include this certification requirement in all lower-tier subcontracts.
II. PROVISIONS APPLICABLE TO CONTRACTS
$2,000 AND GREATER
A. COPELAND “ANTI-KICKBACK” ACT (applicable if contract includes construction, alteration, repair, as defined in 29 CFR Part 5) Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner a weekly statement on the wages paid to each employee performing on covered work during the prior week. Sponsor must report any violations of the Act to the Federal Aviation Administration.
$#
%
!
%
*(! $$+
#%&
#"
$
B. DAVIS-BACON REQUIREMENTS (applicable if contract includes construction, alteration, repair, as defined in 29 CFR Part 5)
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on $#
%
!
%
*(! $$+
#%&
#"
$
the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting office r or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty days of receipt and so advise the contracting officer or will notify the contracting officer within the thirty-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be $#
%
!
%
*(! $$+
#%&
#"
$
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at https://www. dol.gov/agencies/whd/government- contracts/construction/payroll-certificationor its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the $#
%
!
%
*(! $$+
#%&
#"
$
sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subc ontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the $#
%
!
%
*(! $$+
#%&
#"
$
contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for $#
%
!
%
*(! $$+
#%&
#"
$
the work performed until an acceptable program is approved.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance With Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
III. PROVISIONS APPLICABLE TO CONSTRUCTION CONTRACTS
$10,000 AND GREATER
A. PROCUREMENT OF RECOVERED MATERIALS
$#
%
!
%
*(! $$+
#%&
#"
$
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1. The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2. The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA- designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
B. PROCUREMENT OF RECOVERED MATERIALS (applicable if an agreement includes procurement of a product that exceeds $10,000) Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or,
The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at
www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
C. TERMINATION OF CONTRACT
1. TERMINATION FOR CONVENIENCE
A. CONSTRUCTION & EQUIPMENT CONTRACTS
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without $#
%
!
%
*(! $$+
#%&
#"
$
prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1. Completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
2. Documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and
4. Reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
B. PROFESSIONAL SERVICES
The Owner may, by written notice to the Contractor, terminate this Agreement for its convenience and without cause or default on the part of Contractor. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Contractor must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. $#
%
!
%
*(! $$+
#%&
#"
$
Owner agrees to make just and equitable compensation to the Contractor for satisfactory work completed up through the date the Contractor receives the termination notice. Compensation will not include anticipated profit on non- performed services.
Owner further agrees to hold Contractor harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
2. TERMINATION FOR DEFAULT
A. TERMINATION FOR CAUSE (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for conditions, rights, and remedies associated with Owner termination of this contract for cause due to default of the Contractor.
B. TERMINATION FOR CAUSE (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract for cause if the Contractor:
1. Fails to begin the6 Work under the Contract within the time specified in the Notice- to-Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of $#
%
!
%
*(! $$+
#%&
#"
$
Contractor default.
Owner will not terminate the Contractor’s right to proceed with the work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor.
Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract.
C. TERMINATION FOR CAUSE *PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a. Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Contractor to:
i. Perform the services within the time specified in this contract or by Owner approved extension;
ii. Make adequate progress so as to endanger satisfactory performance of the Project; or
iii. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
iv. Upon receipt of the notice of termination, the Contractor must immediately discontinue all services affected
unless the notice directs otherwise. Upon termination of the Agreement, the Contractor must deliver to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and
other documents and materials prepared by the Engineer
under this contract, whether complete or partially
complete.
$#
%
!
%
*(! $$+
#%&
#"
$
v. Owner agrees to make just and equitable compensation to the Contractor for satisf actory work completed up
through the date the Contractor receives the termination notice. Compensation will not include anticipated profit on non-performed services.
vi. Owner further agrees to hold Contractor harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
vii. If, after finalization of the termination action, the Owner determines the Contractor was not in default of the
Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for
the convenience of the Owner.
b. Termination by Contractor : The Contractor may terminate this Agreement for cause in whole or in part, if the Owner:
i. Defaults on its obligations under this Agreement;
ii. Fails to make payment to the Contractor in accordance with the terms of this Agreement;
iii. Suspends the project for more than [180] days due to reasons beyond the control of the Contractor.
Upon receipt of a notice of termination from the Contractor, Owner agrees to cooperate with Contractor for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Contractor cannot reach mutual agreement on the termination settlement, the Contractor may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Contractor is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Contractor through the effective date of termination action. Owner agrees to hold Contractor harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
IV. PROVISIONS APPLICABLE TO CONSTRUCTION CONTRACTS
$15,000 AND GREATER
A. DISTRACTED DRIVING- TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by $#
%
!
%
*(! $$+
#%&
#"
$
distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $15,000 that involve driving a motor vehicle in performance of work activities associated with the project.
V. PROVISIONS APPLICABLE TO CONTRACTS
$25,000 AND GREATER
A. CERTIFICATIONS REGARDING DEBARMENT AND SUSPENSION
1. CERTIFICATION OF OFFERO R/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
2. CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING
DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Manage ment at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose toa higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment of the non- compliant participant.
VI. PROVISIONS APPLICABLE TO CONTRACTS
$100,000 AND GREATER
A. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIREMENTS (applicable to contracts employing laborers, mechanics, watchmen and guards, or installing equipment onsite)
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may $#
%
!
%
*(! $$+
#%&
#"
$
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this clause.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
B. CERTIFICATION REGARDING LOBBYING The Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
$#
%
!
%
*(! $$+
#%&
#"
$
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
VII. PROVISIONS APPLICABLE TO CONTRACTS
$150,000 AND GREATER
A. BREACH OF CONTRACT TERMS ($350,000.00 Threshold)
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Sponsor will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Sponsor elects to terminate the contract. The Sponsor’s notice will identify a specific date by which the Contractor must correct the breach. Sponsor may proceed with termination of the contract if the Contractor fails to correct the breach by deadline indicated in the Sponsor’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
B. CLEAN AIR AND WATER POLLUTION CONTROL ($150,000 Threshold) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Sponsor immediately upon discovery. The Sponsor assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI Fed Assurances Prof Services Contracts
Attachment A: Certification of Compliance with FAA Buy American Preference – Construction Projects
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark (9) or the letter “X”. Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing iron, steel and manufactured products produced in the United States;
b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States. c) Installing manufactured products for which the Federal Aviation Administration FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may results in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA.
$#
%
!
%
*(! $$+
#%&
#"
$
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
$#
%
!
%
*(! $$+
#%&
#"
$
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including; c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver - The cost of components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “facility/project”. The required documentation for a type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. d) Percentage of non-domestic component and subcomponent cost as compared to total “facility/project” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.
Type 4 Waiver (Unreasonable Costs) – Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25%. The required documentation for a type 4 of waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.
$#
%
!
%
*(! $$+
#%&
#"
$
Date Signature
Company Name Title
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (08-2026)
Exhibit D – Attachment B
Attachment B: Certification of Compliance with FAA Buy American Preference – Equipment/Building Projects
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies 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 (9) or the letter “X”. Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing steel and manufactured products produced in the United States; b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non- ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that support the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal.
c) To faithfully comply with providing US domestic products at or above the $#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (08-2026)
Exhibit D – Attachment B
approved US domestic content percentage as approved by the FAA. d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (08-2026)
Exhibit D – Attachment B
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including; c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “item”. The required documentation for a type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108(products of unknown origin must be considered as non-domestic products in their entirety)
c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. d) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.
Type 4 Waiver (Unreasonable Costs) – Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bidders and/or offerors; c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer. False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (08-2026)
Exhibit D – Attachment B
Date Signature
Company Name Title
$#
%
!
%
*(! $$+
#%&
#"
$
FYI-S Fed Fund CSA, Total Fee -CMO (08-2026)
Exhibit D – Attachment B
Attachment C: Certification of Offeror/Bidder Regarding Tax Delinquency And Felony Convictions
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (ü) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to th e Owner, who will then noti fy the FAA Airports District Office, which will then notify the agenc y’s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
Date Signature
Company Name Title
$#
%
!
%
*(! $$+
#%&
#"
$
!
"
! #