Hawthorne City Council
July 23, 2024

AGENDA ITEM NO. 12

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Agreement between the City of Hawthorne and CPA (Clean Power Alliance) for the Energized Communities Program for Building Electrification Assistance Program RECOMMENDED MOTION:

Staff recommends that the City Council approve the agreement with CPA (Clean Power Alliance) for the Energized Communities Program for Building Electrification Assistance Program and authorize the City Manager or his designee to enter into and execute the agreement.

DISCUSSION:

The Energized Communities program through CPA will significantly benefit new developments such as the City Hall expansion project, the Senior Center and the City Yard. By providing up to $250,000 in funding for gas-to-electric alternatives, this program will enable these projects to incorporate modern, energy-efficient systems, enhancing their sustainability and reducing longterm operational costs.

Eligible expenses for project funding from CPA include the purchase of electric equipment and appliances to replace fossil fuel-fired equipment (such as furnaces, water heaters, pool heating, water pumps wastewater treatment, and kitchen appliances), electrical equipment for major renovations or new construction replacing fossil fuel-fired equipment, and energy management devices. Funding also covers warranties, service contracts, subscription fees for energy management software (subject to CPA approval), installation costs for electric equipment and energy management devices (including removal and disposal of existing equipment), and construction costs for electrical panel or energy infrastructure upgrades, including capping or demolishing existing natural gas supply lines.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This agreement is a result of the City working closely with utility providers to ensure services are maintained at a high standard. This is part of the City’s exploration of alternative distribution and technologies by incorporating modern, energy-efficient systems, improving reliability and reducing long-term operation costs. It will increase the quality of life in the City by enhancing environmental sustainability and ensures that improvements to infrastructure are kept apace o wear and tear as well as technological advances.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Building Electrification Assistance Program Participation Agreement

BUILDING ELECTRIFICATION ASSISTANCE

PROGRAM PARTICIPATION AGREEMENT
This Building Electrification Assistance Program Participation Agreement (“Agreement”), made as of the last date signed below (the “Effective Date”), by and between the City of Hawthorne (“Participant”), and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll Participant in the CPA Energized Communities Program for Building Electrification Assistance, described in more detail below.

RECITALS
WHEREAS, CPA has launched the Energized Communities Program (“Energized Communities”) to assist CPA’s member agencies with the implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support; WHEREAS, as part of the Energized Communities program offering, CPA desires to support building electrification efforts in its service territory through the CPA Energized Communities Program for Building Electrification Assistance (“Program”), which seeks to help Participant develop and implement building electrification measures that will result in cleaner and healthier buildings in our communities by reducing methane emissions from municipal facilities; WHEREAS, to implement the Program, CPA has entered into the Professional Services Agreement, dated as of March 7, 2024, by and between Lincus, Inc. (“Lincus”) and CPA, under which Lincus will provide technical support for Participant as it engages in efforts to develop, draft, review, and/or implement Participant’s building electrification measures; WHEREAS, CPA intends to make Lincus or a successor consultant (“Contractor”) available to Participant and other CPA member agencies to support Participant as it engages in its own effort to develop, draft, review, and/or implement Participant’s building electrification measures; WHEREAS, Participant desires technical support from Contractor as Participant develops, drafts, reviews, and/or implements building electrification measures; and WHEREAS, Participant may seek financial support provided by CPA to offset the cost of implementing building electrification measures as agreed upon by the Parties.

NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:

AGREEMENT

1. Term. This Agreement begins on the Effective Date and ends on June 30, 2029 (“Term”).

2. Termination. Any Party may terminate this Agreement for convenience and without liability to the other Party upon giving the other Party thirty (30) days prior written notice.

3. CPA Obligations. CPA agrees to perform the services and provide financial reimbursement to Participant, as detailed in Exhibit A, Building Electrification Assistance – Program Terms and Conditions, attached hereto.

4. Participant Obligations. Participant agrees to the obligations detailed in Exhibit A attached hereto.

5. NO LIABILITY; NO REPRESENTATION OR WARRANTY; INDEMNITY. a. CPA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER

EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED

TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND

TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO (1) SERVICES
PROVIDED BY CONTRACTOR TO PARTICIPANT AND (2) ANY BUILDING ELECTRIFICATION MEASURES IMPLEMENTED BY PARTICIPANT.
b. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD

HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE OTHER

PARTY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,

MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES FROM

AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,

EXPENSES, CLAIMS, AND/OR JUDGMENTS, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS

THAT MAY DIRECTLY OR INDIRECTLY ARISE AND/OR RESULT FROM THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNIFICATION SHALL BE ONLY IN

PROPORTION TO AND TO THE EXTENT THAT SUCH CLAIMS,

JUDGMENTS, CAUSES OF ACTION, DAMAGES, PENALTIES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND

COSTS INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY

ACTION OR PROCEEDING BROUGHT THEREON ARISE FROM THE

NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNIFYING PARTY, AND ITS OFFICERS, EMPLOYEES, INVITEES, OR AGENTS.

NOTWITHSTANDING THE FOREGOING, CPA SHALL BE UNDER NO

OBLIGATION WHATSOEVER TO INDEMNIFY PARTICIPANT OR HOLD

PARTICIPANT HARMLESS, INCLUDING BUT NOT LIMITED TO
ATTORNEYS’ FEES, COSTS, OR DISBURSEMENTS AS A RESULT OF PARTICIPANT’S CONSIDERATION, DEVELOPMENT, REVIEW,
DRAFTING, ADOPTION, AND/OR IMPLEMENTATION OF PARTICIPANT’S BUILDING ELECTRIFICATION MEASURES.
c. LIMITATION OF LIABILITY. CPA SHALL NOT BE LIABLE TO

PARTICIPANT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, LOST

PROFIT, LOST OPPORTUNITY, OR EXEMPLARY DAMAGES FOR ANY

CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S

DEVELOPMENT, DRAFTING, REVIEW, ADOPTION, AND/OR
IMPLEMENTATION OF PARTICIPANT’S BUILDING ELECTRIFICATION

MEASURES, ANY SERVICES PROVIDED BY CONTRACTOR, AND/OR ANY

OTHER CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO

THIS AGREEMENT WHETHER ARISING FROM BREACH OF CONTRACT,

WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE.

6. Insurance.
a. The Parties agree to provide and maintain throughout the Term of this Agreement, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees, and contractors for the Term of this Agreement. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Participant’s commercial general liability policy, and Participant’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. Participant agrees to maintain throughout the Term of this Agreement, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the Term of this Agreement, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured endorsement issued by the insurance company or program of self-insurance. e. CPA may waive or change any of the requirements in this Section 6 at its discretion, upon mutual agreement with the Participant.
f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 5.

7. Publicity. Participant acknowledges and agrees that implementation of the Program may be publicized and included in marketing materials by CPA and Contractor. Each Party shall make best efforts to display or utilize the words “Clean Power Alliance” and “City of Hawthorne” in all marketing materials, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible); provided, that CPA may omit “City of Hawthorne” from CPA marketing materials when publicizing the Building Electrification Assistance offering generally and not specifically with respect to (a) this Agreement or (b) Participant’s participation in the Program. Any publicity or marketing materials, including those mentioned above, that include CPA or Participant logos must be reviewed and approved by both Parties before issuance, subject to the proviso in the preceding sentence. Each Party agrees to provide the other Party with reasonable time for review before such issuance.

Where CPA and Participant logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size.

8. General Provisions.
a. Entire Agreement. This Agreement represents the full and complete understanding between the Parties as to the subject matter of this Agreement and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of this Agreement.
b. Amendment. Any amendment to or modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. c. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Any lawsuit filed in relation to this Agreement must be filed with the Superior Court for the County of Los Angeles, State of California. d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this Agreement.
e. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. f. Headings. The headings in this Agreement are for convenience only, are not a part of the Agreement, and in no way affect, limit, or amplify the terms or provisions of this Agreement.
g. Severability / Partial Invalidity. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. h. Survival. All provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to the indemnification requirement in Section 5. i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:

To CPA:

Joanne O’Neill
Director, Customer Programs
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:

[email protected]
To Participant:
[Name]
[Title]
[Participant]
[Contact Address]
[Email Address]
j. Electronic Signatures. This Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts. This Agreement may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement on the latest date of execution set forth below.

______________________________
Ted Bardacke
Chief Executive Officer
Clean Power Alliance of Southern California
Date:
______________________________
[Name]
[Title]
City of Hawthorne
Date:

Exhibit A
Building Electrification Assistance - Program Terms and Conditions

1. CPA Obligations
a. CPA will make commercially reasonable efforts to ensure the availability of Contractor to provide the Technical Services (as defined below). CPA does not guarantee (a) that Contractor will be able to perform all duties that Participant staff would otherwise perform, or (b) that participation in the Program ensures implementation of building electrification measures.
b. CPA will provide financial support to Participant in an amount (i) no greater than $250,000 (two hundred fifty thousand dollars) and (ii) to be specified in the Project Scope and Budget, as defined below.
c. CPA will monitor the technical support provided by Contractor and help coordinate building electrification efforts with regional stakeholders.

2. Participant Obligations
a. Data, Point of Contact, and Access. Within twelve (12) months of Effective Date, Participant agrees to provide requested data and a dedicated point of contact to CPA and Contractor for coordination purposes throughout the Program. Participant agrees to coordinate visits to its facilities with CPA and Contractor, as needed, to collect information to prepare building electrification plans and site designs. b. Scope and Budget. Participant shall commit to a project scope and budget (“Project Scope and Budget”) that plans to transition gas-fired equipment to electric alternatives at selected Participant sites within three years from the initial project launch meeting with CPA and Contractor, substantially in the form of Exhibit B, Form of Project Scope and Budget, attached to the Agreement. Participant acknowledges and agrees that it shall not be eligible to receive Technical Services or Project Funding (as such terms are defined below) until CPA and Participant mutually agree upon the Project Scope and Budget.
c. Technical Services. Within twelve (12) months of Effective Date, Participant shall specify which of the following services (“Technical Services”) will be requested from the Contractor in the Project Scope and Budget:
i. Develop electrification plan to review electrical capacity and layout a viable pathway for electrification of selected facilities. ii. Draft electrical plans and site design, or review existing plans, to support equipment installation.
iii. Provide commissioning support to ensure proper installation of equipment and advise on proper operation of equipment.
iv. Prepare funding package to summarize rebate and funding opportunities appropriate for the project, including a summary of the CPA funds available to implement the project recommendations (“Funding Memo”). d. Project Funding. Participant is eligible to receive funds remaining from the Project Scope and Budget after completion of Technical Services for the purpose of project implementation (“Project Funding”). Participant shall specify expected use of funding in the Project Scope and Budget.
i. The following expenses are eligible for Project Funding from CPA:

A. Purchase of electric equipment and appliances to replace fossil fuel-fired equipment, including, but not limited to, replacement of furnaces, water heaters, pool heating, water pumps, wastewater treatment, and kitchen appliances.

B. Purchase of electrical equipment to install in major renovations or new construction projects when it is replacing existing or planned fossil fuel-fired equipment.

C. Purchase of energy management devices.

D. Warranties, service contracts, and/or subscription fees for energy management software to monitor energy use and optimize
consumption, subject to CPA approval of the service terms.

E. Installation costs for electric equipment and energy management devices, including costs to remove and dispose of existing equipment.

F. Construction costs for electrical panel or energy infrastructure upgrade, including costs to cap or demolish existing natural gas supply lines.

G. Additional expenses to be determined and approved by CPA in its sole discretion.
ii. Participant acknowledges and agrees that any costs for construction and installation of building electrification measures that are not agreed upon under the Project Scope and Budget shall be borne by Participant. iii. If Participant elects to receive Project Funding for the purchase of building electrification equipment, Participant must meet the following requirements:

1. Participant must manage the energy use of purchased equipment for at least one-year through an energy management system or an alternative method to manage load-shift of energy use when possible. CPA may determine acceptable alternative methods to the foregoing at its own discretion.

2. Participant must align usage of the purchased equipment to avoid peak periods where feasible, and shift electricity use as needed in order to support load flexibility.
iv. Participant can combine Project Funding from CPA with funding from other organizations and sources, including investor-owned utilities, rebates, and state and federal grants. Participant shall inform CPA if grants and other funding related to the project scope are received. Participant agrees and acknowledges that in no event shall the combined funding from CPA and third parties exceed 100% of total project costs, as specified in the Funding Memo. Should such a situation arise, the Parties will review the Project Scope and Budget to consider amendments and/or a reduction in Project Funding.
v. Reimbursement. Participant shall submit appropriate documentation to request reimbursement for measures as specified in the agreed upon Project Scope and Budget substantially in the form of Exhibit C, Form of Reimbursement Request, attached to the Agreement.
e. Intellectual Property. Participant agrees and acknowledges that all tools, templates, and other resources generated by the Contractor during the implementation of the Program will be the intellectual property of CPA.
f. CPA Customer. As of the Effective Date, Participant represents and warrants that Participant is a CPA public agency customer and acknowledges and agrees that Participant is required to continue to be a CPA public agency customer in order to be eligible to receive services and financial reimbursement under this Agreement. g. Notice to Proceed. Participant shall provide to CPA a written notice to proceed (“Notice to Proceed”) prior to Contractor commencing work on the Technical Services specified in Section 2.c.ii. The Notice to Proceed shall indicate that the Participant intends to move forward with building electrification measures at the selected sites.
h. Facilities Information and Energy Data. Participant agrees to share information with CPA and Contractor regarding building characteristics and energy usage, including square footage, year built, equipment information, summary of daily activities on-site, previous audit reports, and three years of historical utility data. i. Ongoing Data. Participant agrees to provide CPA access to energy data through the energy management system’s portal, or other system to be determined, and share energy consumption data with CPA during the Term of this Agreement.

Exhibit B
Form of Project Scope and Budget
Following the terms provided in the Participation Agreement, the specific Project Scope and Budget will be submitted to CPA substantially in the form illustrated below.

Table: Project Scope and Budget
Contractor Services Provided
Services
Selected by
Participant
Authorized Fees for
Services1
Feasibility Analysis for Electrification [$2,316 per facility] Site Visits [$4,525 per facility]
Electrification Plan with equipment inventory,
alternatives, load analysis, cost assessment,
infrastructure needs, demand response
improvements, and estimated emissions impact
[$7,864]
Final Electrical Plans for selected electrification
measures
[$3,491]
Electrical site design and stamped drawings [$9,732]
Other site design documents [Not to exceed $5,000]
Technical assistance to review existing plans,
prepare/review construction bids
[Not to exceed
$3,677 per review]
Technical assistance to manage equipment
installation and provide commissioning support
[Not to exceed $5,000]
Funding package to summarize rebate and
funding opportunities
[Not to exceed $2,313]
Subtotal for Technical Services
Summarize how Participant intends to use Project
Funding to implement recommendations
(refer to eligible expenses in Exhibit A).

Subtotal for Project Funding
Indicate if Participant elects to receive Project
Funding only for equipment purchase and not for
Technical Services. Summarize how the funds
will be used here. Participant will follow
requirements in Exhibits A and C.

Total Budget Requested
1 Preset costs for services are provided. Participants may not necessarily select all services.

Exhibit C
Form of Reimbursement Request
Participant will submit a W-9, and any invoices, receipts, or other appropriate documentation to show paid expenditure of funds, along with the reimbursement request for measures, as specified in the agreed upon Project Scope and Budget. A reimbursement request with the information noted in the table below will be submitted to CPA for approval. CPA will notify the Participant of approval and forthcoming repayment.

Reimbursement Request Form
Building
Electrification
Measure
Reimbursement
Amount
Requested
Documentation
Provided
(Invoice,
Purchase
Receipt, etc.)
Total Project
Funding
Budget
Assigned*
Remaining
Budget
Electric equipment
and/or appliances
(list type of equipment
purchased)
Purchase of energy
management
systems/devices
Warranties, service
contracts, and/or
subscription fees for
energy management
software
Installation costs for
electric equipment and
energy management
systems/devices
Construction costs for
electrical panel or
energy infrastructure
upgrade
Additional expenses to
be determined and
approved by CPA
Total Amounts
*Project Funding budget refers to the budget amount remaining following the completion of Technical Services, as outlined in Exhibit A and Exhibit B.

AGENDA ITEM NO. 13

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

First Amendment to the Consultant Agreement for Design Services (“First Amendment”) between the City of Hawthorne (“City”) and C&S Engineering (“Consultant”) RECOMMENDED MOTION:

Staff recommends that the City Council approve this First Amendment and authorize the City Manager to execute the first amendment to the consultant agreement.

DISCUSSION:

C&S Engineering currently has a 5 year Engineering Consultant Agreement with the City of Hawthorne in compliance with FAA protocols. The City of Hawthorne Public Works Department is in the process of preparing a grant application with the FAA for performing a Capital Improvement Project at the Hawthorne Municipal Airport. The objective is to install FAA grade Slurry Seal on the Runway and all Taxiways that will extend the life expectancy of the current pavement. Reconstruction of certain areas of Taxiway S and Taxiway N will occur, consisting of a full depth pavement removal, placement of new pavement, and regrading in accordance with FAA design guidelines to eliminate or reduce ponding.

A detail negotiated Scope of Services and Record of Negotiation was submitted to the FAA on June 25, 2024, which subsequently received FAA approval and authorization to proceed.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This project aligns with the City’s Economic Development Element goal of enhancing the quality of life in the City, which is an important marketing asset for business attraction and marking economic development a part of City decision. Improved airport facilities can attract more tourists and business travelers, benefiting local hotels, restaurants, and other hospitality services.

In addition, increased air traffic can also lead to more events and conferences being hosted in

the City. Lastly, upgrading the airport can attract new businesses, such as aviation-related companies, logistics firms, and other industries that benefit from proximity to a well-maintained airport. This can lead to job creation and increased economic activity in the City.

FISCAL IMPACT:

None. The amountof $75,078 will be funded up to 90% through the FAA AIP Grant, 5% Caltrans Aeronautics matching grant, and 5% by the airport funds.

Funds for this project in the estimated amount of $75,078 are available in the adopted Fiscal Year 2024-2025 budget and will be paid for with approved and allocated FAA AIP Grant, Aeronautics Matching Grant, and Airport fund fees.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Amendment

2. Master Consultant Agreement

3. Exhibit A: Scope of Work and Task Order 2

FIRST AMENDMENT TO THE

CONSULTANT AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF HAWTHORNE (“CITY”) AND C&S ENGINEERING (“CONSULTANT”)
This First Amendment to the Consultant Agreement for Design Services for the Resurfacing of Runway 7/25 and Resurfacing of Taxiways and Trench Drain Extension at the Hawthorne Municipal Airport is made this 23 rd day of July
2024 by and between the City of Hawthorne, a California municipal corporation ("City") and C&S Engineering (“Consultant”).

RECITALS
WHEREAS the City and C&S Engineering are parties to a Master Consulting Agreement for Services dated December 13, 2022.

WHEREASin June 2024, the City received Scope of Work and Task Order 2 from C&S Engineering. Consultant rates shall be all-inclusive to include all labor, transformation, materials, tools, machinery, equipment, and other necessary items to perform the services properly.

WHEREAS now, the City wishes to extend the scope of work and increase the budget by $75,078 with C&S Engineering to conduct Design Services and prepare deliverables.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

Effective July 23, 2024, the City will amend the existing agreement to extend the scope of work to include designs services for the Resurfacing of Runway 7/25 and Resurfacing of Taxiways and Trench Drain Extension at the Hawthorne Airport, which will increase the service amount by $75,078. C&S Engineering will provide these services as described in the Scope of Work and Task Order 2, attached hereto and incorporated herein as though set forth in full.

IN WITNESS THEREOF, the City and C&S Engineering have executed this First Amendment as of the day and year written above. Except as specifically amended by this First Amendment to the Master Consulting Agreement for Services dated December 13, 2022 (Master Agreement), all other provisions of the Master Agreement shall remain in full force and effect.

CITY OF HAWTHORNE, CONSULTANT
CALIFORNIA, a municipal corporation C&S Engineering
_________________________ By: ______________________
VONTRAY NORRIS Name: ____________________
City Manager Title: _____________________
City of Hawthorne
APPROVED AS TO FORM: ATTEST:
_________________________ _________________________
ROBERT KIM DAYNA S. WILLIAMS-HUNTER
City Attorney City Clerk
City of Hawthorne City of Hawthorne

EXHIBIT A
Task Order 2 and Scope of Work

HAWTHORNE MUNICIPAL AIRPORT
TASK ORDER NUMBER 2
TO: Guido Fernandez
Administrative Analyst
Hawthorne Municipal Airport
City of Hawthorne
RE: Resurface Runway 7-25 and Resurface Taxiways and Trench Drain Extension Project FILE: K44.004.002

1. AUTHORIZATION REQUEST:

In conformance to your instructions, and in accordance with the Agreement between the City of Hawthorne (SPONSOR) and C&S Engineers, Inc. (CONSULTANT) for providing professional services, for a time and material basis not to exceed for design services. This project will consist of a crack seal, with a polymer modified asphalt emulsion seal coat, and new markings in accordance with FAA specifications for Runway 7-25 and all taxiways. The new markings will be reconfigured to meet new FAA standards. Also included are five (5) add alternates for repairing specific areas of the airfield as described in Schedule A.

2. 3.

4. 5.

DESCRIPTION OF SERVICES:

As per Schedule ‘A’ Design Scope of Services
As per Schedule ‘B’ Assumed Time and Materials at a fixed not to exceed fee SPONSOR'S RESPONSIBILITIES:

SPONSOR shall provide a written response (either authorizing or denying) within two business days of a request by CONSULTANT to provide services.

PERIOD OF SERVICES:

This Task Order shall be in effect for one year from the date of execution or when the fee total is expended, whichever comes first.

PAYMENTS:

Payments shall be made on a time and material basis in accordance with the agreed rates on the schedule B and or most current approved CONSULTANT rate schedule. The time and material fixed fee not to exceed (NTE) for this Task Order is $75,078.00. Any items requested by FAA or sponsor outside of the scope of work will be considered as an amendment. 1 6. GENERAL CONSIDERATIONS:

The CONSULTANT designates Richard Graham, P.E. as the person who will be responsible for the services rendered by the CONSULTANT for the Project.

Your signature, in the space provided below, will signify approval of the terms and conditions of this request which, together with the basic Agreement and Attachments identified below will constitute Task Order No. 2.

Please return this executed Task Order, which shall constitute your authorization to proceed, to our office together with the executed attachments.

Very truly yours,
CONSULTANT: SPONSOR:

C&S ENGINEERS, INC. CITY OF HAWTHORNE
Signed:

By:

Signed:

Richard Graham, P.E. By:

Chief Engineer
7-2-24
Title:

Dated:

Title:

Dated:
2 SCHEDULE A

SCOPE OF WORK
Project Title: Resurface Runway 7-25 and Resurface Taxiways and Trench Drain Extension Airport Name: Hawthorne Municipal Airport (HHR)
Services Provided: Design Services
Project Description:

The CONSULTANT shall provide required services to design the pavement resurfacing for Runway 7-25 and all taxiways and trench drain extension(the “Project”). The Project will be performed and constructed by the SPONSOR with grant assistance from the Federal Aviation Administration (FAA) Airport Improvement Program (AIP).

The runway and all taxiways are in need of a pavement resurfacing treatment. As part of the City of Hawthorne continued pavement preservation for the airfield pavements, the pavement resurfacing treatment will consist of a crack seal, a polymer modified asphalt emulsion seal coat, and new markings in accordance with FAA specifications.

Included with the resurfacing work are five (5) add alternates to address specific areas of the airfield, described as follows:

1. Reconstruct pavement on the shoulder of Taxiway S between Taxiways D and E – the existing pavement is depressed and causes significant ponding and causes the aircraft tugs to get stuck, which affects taxiway operations. This area will be approximately 12.5 feet wide and 160 feet long.

2. Diamond grind pavement on Taxiway S near Taxiway A to remove a bump that can cause propeller strikes and ponding.

3. Extend trench drain approximately 485 feet along the shoulder of Taxiway A to the west (reaching a point approximately 135 feet west of the centerline of Taxiway B and approximately 25’ south of the Taxiway S centerline) to eliminate ponding along Taxiway A. Reconstruct shoulder pavement to regrade and create positive drainage to the trench drain.

4. Repair an area on the Runway where previous pavement cores were taken and backfilled with material that is now failing. The area is located near the easternmost displaced threshold arrow at the intersection of Taxiway A.

5. Reconstruct four (4) failing utility trench patches along Taxiway N between Taxiways D and F. These reconstruction areas will each be approximately 10 feet wide and 40 feet long.

Services to be provided by the CONSULTANT shall include civil engineering services, as applicable, required to accomplish the following items (“Basic Services”):

ADMINISTRATION PHASE
The CONSULTANT shall aid the SPONSOR by acting as its liaison and Project coordinator with FAA during the Project’s design. The specific services to be provided or furnished for this Phase of the Project are the following:

1. Preparation of grant application packages; coordination of their execution by the Sponsor; and submission to the funding agencies.

2. Prepare quarterly progress reports for submission to the FAA.

3. Prepare Independent Fee Estimate information to assure all FAA compliance for airport sponsor.

4. Review the current Airport Layout Plan (ALP) to ensure the project is consistent with the document.

5. During the Design Phase, to aid the Sponsor by acting as its liaison and Project coordinator with the funding agencies.

6. Perform project management duties such as project planning, invoice preparation, schedule coordination and coordination of design team.

7. Provide to the SPONSOR monthly project status reports.

8. Schedule coordination - consultant shall provide continued coordination so that project schedules are met for each phase of work included in this contract. Particular phases of design may be delayed by the FAA review process.

SCHEMATIC DESIGN PHASE (30%)
The Schematic Design Phase is intended to identify and evaluate alternatives to provide costeffective and practical solutions for the work items identified. The CONSULTANT will evaluate alternatives through contacts with local authorities, review of the pre-application, field investigations, and a practical design approach. The Project’s design will take advantage of local knowledge and experience and will utilize expertise from recent construction projects in an effort to design a cost-effective Project. The specific services to be provided or furnished for this Phase of the Project are the following:

1. Schedule and conduct a pre-design meeting with the SPONSOR and FAA to review the scope of services and become familiar with the Project requirements and operational concerns during the Project’s construction.

2. Acquire and review record documents (such as plans, specifications, reports, and studies) to become familiar with data that is available for the Project.

3. Prepare Categorical Exclusion (CatEx) environmental documents, including the collection and review of available documents such as published wetland maps, soil conservation survey maps, and previous master plan and environmental archaeological studies, to identify potential impacts the Project may have on the environment. Two CatEx applications will be prepared – one for the trench drain extension and one for the remainder of the work.

4. Develop schematic designs, including preliminary pavement horizontal geometric layouts.

Assume a pavement section of 6” of asphalt on 18” of slurry for all pavement reconstruction areas.

5. Prepare preliminary opinion of probable construction costs for each major element of the Project.

6. Develop a draft construction safety phasing plan (CSPP) that endeavors to limit interference by the Project’s construction with airport and tenant operations. Submit this document to FAA program manager for concurrence per Advisory Circular and to the ATCT manager for concurrence with airport operations.

7. Submit schematic design to the SPONSOR and FAA for their review.

8. Schedule and conduct a schematic design review meeting with the SPONSOR and FAA.

FINAL DESIGN PHASE
The services included under this Phase shall generally consist of services required to furnish the SPONSOR with a complete set of Contract Documents for the Project, including Final Plans, Specifications, Engineer’s Design Report, and opinion of probable construction costs. Services to be performed or furnished during this Phase may include revising the preliminary submittal information to comply with SPONSOR and FAA comments and then completion of the final design.

Plans and Specifications, suitable for unit price bidding, will be completed; final design will be coordinated with the SPONSOR and FAA and a complete set of bid documents will be furnished to the SPONSOR and FAA. A final opinion of probable construction cost and the final Design Report will also be prepared and submitted. A final Construction Safety and Phasing Plan will be included as part of the Contract Documents.

The specific services to be provided or furnished for this Phase of the Project are the following:

1. Finalize horizontal pavement geometrical layouts and place sufficient information on drawings to layout proposed pavements in field during construction.

2. Finalize pavement marking layouts, and detail installations.

3. Update draft CSPP based on preliminary design and load into FAA OE/AA System.

4. Prepare final Contract Drawings.

5. Perform a detailed quantity takeoff of all bid items to be included on the Contract Drawings and in the General Specifications of the Contract Documents.

6. Finalize General Specifications

7. Finalize written Technical Specifications for all construction materials and installations.

8. Finalize CSPP and include in Specifications and on the Contract Drawings.

9. Prepare final opinion of probable construction costs based upon the actual bid items and quantity takeoffs.

10. Finalize design report to be consistent with the final design.

11. Submit both the construction safety phasing plan (CSPP) and 7460 form electronically to the FAA.

12. Submit the CSPP to the ATCT manager for final review.

13. Submit draft final documents to the SPONSOR and FAA for final review and comment.

14. Schedule and conduct draft final review meeting with the SPONSOR and FAA to discuss and resolve final comments. Page turn review meeting with FAA, City and Consultant to assure design comments area addressed.

EXCLUSIONS TO BE HANDLED BY CITY

1. Any Items not identified in the FAA approved Categorical Exclusion

2. Preparation of Disadvantage Business Enterprise (DBE) updates for submission to the Sponsor and FAA.

3. Assistance with advertising the project and execution of the contract with the contractor.

4. Coordination of Notice to Proceed with construction for the contractor.

5. Bidding services, construction administration services or design support during construction (separate agreement).

6. Prepare reimbursement request packages; coordinate their execution by the SPONSOR; and submit to the funding agencies.

END OF SCHEDULE

WORK PLAN
RESURFACE RUNWAY 7/25 AND RESURFACE TAXIWAYS AND TRENCH DRAIN EXTENSION

HAWTHORNE MUNICIPAL AIRPORT

MGR SEN TOTAL

ADMIN GRANT SEN STAFF SEN A/P PROJ DIRECT SERVICES BY HOURS

TASK ASST ADM DES ENG PLAN PLAN PLAN ENG COSTS OTHERS TOTALS PER TASK Administration Phase $12,872
Prepare FAA Quarterly Reporting and Grant Process
Coordination with Sponsor & FAA
Schematic Design Phase (30%)
Project Management
Site Visit
Acquire and Review Record Documents
Construction Phasing & Safety Plan (CSPP)
Prepare and Submit CATEX to FAA
Prepare and Submit CATEX to FAA (Add Alt. 3)
Address CSPP Comments from FAA
4 4
4 $716
$12,156
$40,678
$2,108
$5,721
$368
$3,028
$3,928
$3,928
$1,480
$5,696
$1,702
$684
8 16 40 60
4 8 12
24 2
18 24
24 10
36 11
4 28
2 13
6 6
14 2
8 2
8 2
2 2
8 2
1 8
1 4
4 4
4 1
16 $697.00
8 2
2 2
12 12
6 6
2 2
8 24
8 2
16 1
Schematic Plans (30%) 4
1 1
4 Add Alt. 1 Design (30%) - Pvmt Reconst at Overflow Apron Add Alt. 2 Design (30%) - Taxiway S Bump Removal
Add Alt. 3 Design (30%) - TW S at TW B Drainage Improvements Add Alt. 4 Design (30%) - Runway Pavement Core Hole Patch Add Alt. 5 Design (30%) - Utility Trench Pavement Reconst Schematic Opinion of Probable Construction Cost
Schematic Design Report
Quality Assurance/Quality Control & Revisions
Schematic Design Review Meeting (Virtual)
Final Design (100%)
$4,584
$323
8 1
2 2
2 1
$2,070
$1,180
$1,180
$2,292
$406
$21,528
$2,108
$736
$1,292
$958
$1,146
$4,140
$684
$323
$1,146
$139
$1,146
$3,832
$590
8 Project Management
Final Horizontal Geometric Layout
4 8 12
4 8
5 7
26 4
2 7
1 7
20 3
3 14
2 4
4 4
2 8
1 1
2 Final Marking Layout Design & Details
Construction Phasing & Safety Plan (CSPP) to FAA OE/AA System 7460 Submission to FAA OE/AA System
Final Plans (100%)
Add Alt. 1 Design (100%) - Pvmt Reconst at Overflow Apron Add Alt. 2 Design (100%) - Taxiway S Bump Removal
Add Alt. 3 Design (100%) - TW S at TW B Drainage Improvements Add Alt. 4 Design (100%) - Runway Pavement Core Hole Patch Add Alt. 5 Design (100%) - Utility Trench Pavement Reconst Final Specifications
4 1
1 2
1 4
16 2
1 4 1
1 4 2
16 2
2 4
1 4
1 1
2 1
Final Opinion of Probable Construction Cost
Final Design Report
Quality Assurance/Quality Control & Revisions
Final Design Review Meeting (Virtual)
$590
$2,292
$406
8 1
16 4 127 130 24 12 4 112 $75,078

CIVIL ENGINEERING

COST SUMMARY
SCHEDULE "B"

DESIGN PHASE
PROJECT NAME: Resurface Runway 7-25 and Resurface Taxiways and Trench Drain Extension DATE: 02-Jul-24 PROJ DESCRIPTION:Rehabilitation and New Markings for Runway 7-25 and all Taxiways A/E: C & S ENGINEERS, INC.

PROJECT NO: K44.004.002
CLIENT: City of Hawthorne C&S CONTACT: Richard Graham
CLIENT MANAGER: Guido Fernandez
I. DIRECT SALARY COSTS, OVERHEAD, AND PROFIT:

BILLING RATE
TITLE ($/HR) @ HOURS COST
A. $24,864
B.

C.

D.

E.

F.

G.

H.

SENIOR PROJECT ENGINEER

STAFF ENGINEER
$222.00
$184.00
$139.00
$83.00
X
X
X
X
X
X
X
X
112
130
127
16 4
=
=
=
=
=
=
=
=
$23,920
$17,653
$1,328
$384

SENIOR DESIGNER

ADMINISTRATIVE ASSISTANT

GRANTS ADMINISTRATOR

MANAGER AIRPORT PLANNING

SENIOR PLANNER
$96.00
$238.00
$196.00
$122.00
4 $952
12 24
$2,352
PLANNER $2,928
SUBTOTAL OF DIRECT SALARY COSTS, OVERHEAD, AND PROFIT: $74,381 II. ESTIMATE OF DIRECT EXPENSES:

A.

B.

TRAVEL, BY CAR FROM SAN DIEGO:
1 TRIPS @ 240
800

MILES/TRIP

MILES/TRIP
$0.67
$0.67
=
=
$161.00
$536.00
TRAVEL, BY CAR FROM PHOENIX:
1 TRIPS @
TOTAL ESTIMATE OF DIRECT EXPENSES: $697
III. TOTALS:

ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: $75,078 B-1

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the equivalent. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Professional Liability Coverage. Consultant shall maintain in-force Professional Liability Insurance (and/or errors & Omissions Insurance) for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by the Consultant or by its employees, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

Runway 7-25 and All Taxiways Rehabilitation Project 9

EXHIBIT C

FEDERAL CONTRACT PROVISIONS

ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE

EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade:

Goals for female participation in each trade:

16.9%

6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-

4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order Runway 7-25 and All Taxiways Rehabilitation Project 10
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Los Angeles County, City of Hawthorne.

BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

TITLE VI SOLICITATION NOTICE:

The City of Hawthorne, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby Runway 7-25 and All Taxiways Rehabilitation Project 11
notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

Nondiscrimination: 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.

Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

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.

Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until Runway 7-25 and All Taxiways Rehabilitation Project 12
the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

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.

TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND

AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the Runway 7-25 and All Taxiways Rehabilitation Project 13
programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT

REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and Runway 7-25 and All Taxiways Rehabilitation Project 14
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.

COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.

Runway 7-25 and All Taxiways Rehabilitation Project 15

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(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 Runway 7-25 and All Taxiways Rehabilitation Project 16
to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding.

The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized 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 Runway 7-25 and All Taxiways Rehabilitation Project 17
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 that 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 that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of 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 www.dol.gov/whd/forms/wh347instr.htm or 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 Runway 7-25 and All Taxiways Rehabilitation Project 18
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) 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) 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) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Runway 7-25 and All Taxiways Rehabilitation Project 19
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 that 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 Runway 7-25 and All Taxiways Rehabilitation Project 20
no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon 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 USC 1001.

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CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING

DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at
website: http://www.sam.gov.

2. Collecting a certification statement similar to the
Certification of Offerer /Bidder Regarding Debarment,
above.

3. Inserting a clause or condition in the covered
transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-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 Owner 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 prime contract for satisfactory performance of its contract no later than 7 Runway 7-25 and All Taxiways Rehabilitation Project 22
days from the receipt of each payment the prime contractor receives from City of Hawthorne. The prime contractor agrees further to return retainage payments to each subcontractor within 7 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 City of Hawthorne. This clause applies to both DBE and non-DBE subcontractors.

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 $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.

ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).

EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

STANDARD FEDERAL EQUAL EMPLOYMENT

OPPORTUNITYCONSTRUCTION CONTRACT SPECIFICATIONS

1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
Runway 7-25 and All Taxiways Rehabilitation Project 24
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.

Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area Runway 7-25 and All Taxiways Rehabilitation Project 25
where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Runway 7-25 and All Taxiways Rehabilitation Project 26
Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.

Runway 7-25 and All Taxiways Rehabilitation Project 27
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

Runway 7-25 and All Taxiways Rehabilitation Project 28

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.

Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

Runway 7-25 and All Taxiways Rehabilitation Project 29
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom.

The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Runway 7-25 and All Taxiways Rehabilitation Project 30
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

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.

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

CERTIFICATION OF OFFERER/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 () 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.

Runway 7-25 and All Taxiways Rehabilitation Project 31
Certifications
1) The applicant represents that it is ( ) is not ( X ) 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.
2) The applicant represents that it is ( ) is not ( X ) 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 the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’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 twentyfour
(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
U.S.C. § 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.

TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.

Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, Runway 7-25 and All Taxiways Rehabilitation Project 32
summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.

Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.

The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:

1. Perform the services within the time specified in this contract or by Owner approved extension;

2. Make adequate progress so as to endanger satisfactory performance of the Project; or

3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.

Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on nonperformed services.

Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be Runway 7-25 and All Taxiways Rehabilitation Project 33
the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:

1. Defaults on its obligations under this Agreement;

2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;

3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.

Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.

In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Runway 7-25 and All Taxiways Rehabilitation Project 34
Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

VETERAN’S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) 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.

Runway 7-25 and All Taxiways Rehabilitation Project 35
CALTRANS Review and Approval. On projects involving State Airport Development Agreements, CALTRANS shall approve all plans and specifications prior to bid advertisement. In addition, all change orders shall also be approved by CALTRANS.

Runway 7-25 and All Taxiways Rehabilitation Project 36

AGENDA ITEM NO. 14

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Purchase order between the City of Hawthorne and Snap On for the purchase of Tool Boxes for Equipment Mechanics.

RECOMMENDED MOTION:

Staff recommends that the City Council approve the Purchase Order and authorize the Director of Public Works to proceed with the purchase of the Snap On Tool Boxes.

DISCUSSION:

Historically, equipment mechanics in the City of Hawthorne have been responsible for providing their own tool for the maintenance and repair of the City’s fleet. This practice has placed a financial burden on our mechanics, as they have absorbed the costs of purchasing, maintaining and replacing these tools.

With the rising costs of tools and the increasing complexity of vehicle maintenance, it has become necessary for the City to provide our mechanics with high-quality tools. This will not only alleviate the financial burden on our employees but also enhance their ability to perform professional repairs, thus ensuring the reliability and safety of our fleet.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 1: Create an economic development plan for the City. A well-maintained fleet ensures that public services are delivered without interruption. Reliable public services enhance the quality of life for residents and can make the city more attractive to potential investors and new businesses.

FISCAL IMPACT:

None. Funds for this payment in the amount of $112,207.07 are available in the adopted Fiscal Year 2024-25 budget and will be paid for with approved and allocated funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Price Quote

2. Sole Source Memo
City of Hawthorne
Dept. of Public Works
Memorandum
To: Akbar Farokhi, Director of Finance
From: Selena Acuna, Act. Public Works Manager
Date: 7/18/2024
Re: Sole Source Memo
Hello Akbar,
Snap-on Tools has been identified as the sole source provider for this purchase due to the exceptional quality and durability of their products. Snap-on is renowned for its high standards in the manufacturing of professional-grade tools and equipment. Their tools are known for their precision, reliability, and long lifespan, which are critical factors in the maintenance of our city's fleet.

Providing our mechanics with Snap-on toolboxes will ensure that they have the high-quality tools necessary to perform their work efficiently and safely.

Thank you for your attention to this matter.

Thank you,
Selena Acuna

AGENDA ITEM NO. 15

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: City Attorney
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert Kim
SUBJECT:

Claim for Damages from Alex A. Windham Arising out of an Alleged Fall on a Sidewalk.

RECOMMENDED MOTION:

Staff recommends that the City Council deny the claim of Alex A. Windham.

DISCUSSION:

Claimant alleges that he suffered injuries when he allegedly fell off of his wheelchair due to an uneven sidewalk.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. None

AGENDA ITEM NO. 16

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: City Attorney
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert Kim
SUBJECT:

Funding Request for Administration Contract Services Account in the Amount of $150,000 for the Fiscal Year 24-25 and Request for Approval of Blanket Purchase Orders.

RECOMMENDED MOTION:

Staff recommends that the City Council approve increasing the budget in the amount of $150,000 to Administration Contract Services account, encumber for the same and approve the blanket purchase orders for Civica Law Group, Richard Watson & Gershon and The Feldhake Law Firm.

DISCUSSION:

The city attorney’s department submitted its proposed budget for the fiscal year 2024/2025 before the council’s approval to initiate a litigation against a third party during a closed session meeting of May 14, 2024 council meeting. The approved lawsuit involves a specialized subject matter of which The Feldhake Law Firm has a proven history of success.

The Blanket Purchase Orders requests for Richard, Watson & Gershon (Account No. 100-1501- 000-40514) and Civica Law Group (Receivership Account No. 100-1501-000-40744) are made pursuant to the approved budget for this fiscal year. They are requested in order to pay the billings for the on-going matters as well as for any new matters that may arise during fiscal year ‘24/’25. The Blanket Purchase Order of $150,000 for The Feldhake Law Firm is to pay for the aforementioned lawsuit
ECONOMIC DEVELOPMENT STRATEGIC PLAN:

FISCAL IMPACT:
$150,000 from General Fund offset with non-payment of budgeted expenditure.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. None

AGENDA ITEM NO.

CITY OF HAWTHORNE

PUBLIC FINANCING AUTHORITY

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: City Manager/City Attorney
Exec. Director: __________
Vontray Norris
Legal Counsel: ___________
Robert M. Kim
SUBJECT:

Resolution No. 11, A Resolution of the Board of Directors of the Hawthorne Public Financing Authority Regarding Date and Time of Regular Meetings.

RECOMMENDED MOTION:

Staff recommends that the Board of Directors adopt Resolution No. 11 DISCUSSION:

In 1995, the Board of Directors of the Hawthorne Public Financing Authority (HPFA) adopted Resolution No. 3 that ordered the regular meetings of HPFA to be held only at 7:00 p.m. on the second Monday in January and July of each year. Since the approval of Resolution No. 3, the Board held several regular meetings in months other than January or July without first rescinding Resolution No. 3. Government Code requires the resolution authorizing the issuance of bonds to be considered only during its regular meetings.

The City of Hawthorne is currently planning to move forward with its plans to improve the civic center, the public yard, Senior Center and the police station. In order to finance the project, the HPFA must authorize the issuance of a bond. If approved, Resolution No. 11 would rescind Resolution No. 3 and thereby allow a more flexible schedule for the regular meetings and not having to wait until January to bring a resolution authorizing the bond issuance.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
24 hours posted notice for Special Meeting pursuant to the Ralph M. Brown Act

ATTACHMENT(S):

1. Resolution No. 11

2. Resolution No. 3
-1-
10000-0259\2984429v1.doc
RESOLUTION NO. 11

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

HAWTHORNE PUBLIC FINANCING AUTHORITY REGARDING

DATE AND TIME OF REGULAR MEETINGS
WHEREAS, the Hawthorne Public Financing Authority (the “Authority”) is a joint exercise of powers authority created pursuant to a Joint Powers Agreement (the “Agreement”), dated as of November 23, 1992, for the purpose of assisting the City of Hawthorne (the “City”) and the Community Redevelopment Agency of the City of Hawthorne (the “Agency”) in the financing and refinancing of public capital improvements, and in order to provide such assistance the Authority issues its bonds from time to time or, pursuant to Government Code Section 6589, purchases bonds on a negotiated basis from the Agency from time to time; and WHEREAS, Section 6592.1 of the Government Code provides that a resolution authorizing bonds or any issuance of bonds, or accepting the benefit of any bonds or the proceeds of bonds, shall be adopted by a joint exercise of powers authority only during a regular meeting held pursuant to the Ralph M. Brown Act; and
WHEREAS, Resolution No. 3, adopted by the Authority Board on July 10, 1995 (“Resolution No. 3”), provides that the Authority Board’s regular meetings are held at 7:00 p.m. in the Hawthorne Civic Center, 4455 West 126th Street, Hawthorne, California, on the second Monday of January and July of each year, or at such other times as the Board may fix by resolution; and WHEREAS, in order to provide more flexibility to the Authority in providing assistance to the City and to the Agency in the financing and refinancing of public capital improvements, the Authority Board wishes to establish periodic regular meetings which coincide with regular meetings of the City Council of the City; NOW, THEREFORE, BE IT RESOLVED by the board of directors of the Hawthorne Public Financing Authority as follows:

SECTION 1. Rescinding Resolution No. 3. Effective as of the date of approval of this Resolution, Resolution No. 3 is hereby rescinded in its entirety.

SECTION 2. Time of Regular Meetings. As of the effective date of this Resolution, regular meetings of the Board of Directors of the Authority shall be held at the time and place of each regular meeting of the City Council of the City.

SECTION 3. Circumstances Under Which A Regular Meeting Is Cancelled. In the event an agenda for a regular meeting of the Authority is not posted timely in accordance with the provisions of Section 54954.2 of the Government Code, such regular meeting is cancelled without any further action of the Authority Board or any officer of the Authority, except as may be required by the Ralph M. Brown Act. -2-
10000-0259\2984429v1.doc
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED this 23 day of July 2024.
_____________________________
ALEX VARGAS, Chairman
Hawthorne Public Financing Authority
ATTEST:

DAYNA WILLIAMS-HUNTER, Secretary
Hawthorne Public Financing Authority
APPROVED AS TO FORM:
__________________________________
ROBERT M. KIM, Legal Counsel
Hawthorne Public Financing Authority

AGENDA ITEM NO. 17

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of July 23, 2024
Originating Department: City Manager
City Manager:________________________
Vontray Norris
SUBJECT:

Approval of Applicants for Various Commissions (A. Vargas) RECOMMENDED MOTION:

Staff Recommends that the City Council Discuss and Vote to Approve or Deny the Applicants for the Various Commissions.

DISCUSSION:

There are five applicants for various commissions as follows:
• Kathleen DeMesa for Senior Commission
• Presley Suomie for Planning Commission
• Kathleen Harris for Civil Service Commission
• Robert Smith for Planning Commission
• Geoffrey Sokoi for Civil Service Commission
ECONOMIC DEVELOPMENT STRATEGIC PLAN:

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. None