HomeMy WebLinkAboutRS&H California, Inc - Consultant Agrmt - 2-15-2023uuuu, lI lI CIIVCIUPt1 IU. JCJ I I IU-OJ�'+-YOlI,-�UUV-I,ULG C4MU I/11�1+
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective
February 15, 2023 , by and between the CITY OF FRESNO, a California
municipal corporation (City), and RS&H CALIFORNIA, INC., a California corporation
(Consultant).
RECITALS
WHEREAS, the City desires to obtain professional Planning and Environmental
services for FAT Air Traffic Control Tower Replacement and Implementation Study
(Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Airport Planning and Environmental consultant and hereby represents that it desires to
and is professionally and legally capable of performing the services called for by this
Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which the
Consultant shall provide professional services, to be paid with Airport funds and
reimbursed with pledged Federal Aviation Administration Entitlement Funds as they are
made available; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for City by its Director of Aviation
(Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above and shall continue in full force and effect through
the earlier of complete rendition of the services hereunder or December 31, 2026,
subject to any earlier termination in accordance with this Agreement. The services
of the Consultant as described in Exhibit A are to commence upon the City's
issuance of a written "Notice to Proceed." Work shall be undertaken and
completed in a sequence assuring expeditious completion, but in any event, all
such services shall be completed within one thousand ninety-five consecutive
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calendar days from such authorization to proceed.
3. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee of $362,585. Such fee includes all expenses incurred by the Consultant
in performance of the services.
(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant's compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination. Remedies. and Force Maieure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) seven
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City's non -appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not
in excess of, the City's damages caused by such failure. In no event shall
any payment by the City pursuant to this Agreement constitute a waiver by
the City of any breach of this Agreement which may then exist on the part
of the Consultant, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
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(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct damages for the
breach of the Agreement. If it is determined that the City improperly
terminated this Agreement for default, such termination shall be deemed a
termination for convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Director's request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Director of the cessation of such occurrence.
5. Confidential Information Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the City. During the term of this Agreement, and thereafter, the
Consultant shall not, without the prior written consent of the City, disclose
to anyone any Confidential Information. The term Confidential Information
for the purposes of this Agreement shall include all proprietary and
confidential information of the City, including but not limited to business
plans, marketing plans, financial information, designs, drawings,
specifications, materials, compilations, documents, instruments, models,
source or object codes and other information disclosed or submitted, orally,
in writing, or by any other medium or media. All Confidential Information
shall be and remain confidential and proprietary in the City.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other
documents prepared or provided by the Consultant pursuant to this
Agreement are the property of the City at the time of preparation and shall
be turned over to the City upon expiration or termination of the Agreement
or default by the Consultant. The Consultant grants the City a copyright
license to use such drawings and writings. The Consultant shall not permit
the reproduction or use thereof by any other person except as otherwise
expressly provided herein. The City may modify the design including any
drawings or writings. Any use by the City of the aforesaid sketches,
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tracings, plans, computations, specifications, computer disk files, writings
and other documents in completed form as to other projects or extensions
of this Project, or in uncompleted form, without specific written verification
by the Consultant will be at the City's sole risk and without liability or legal
exposure to the Consultant. The Consultant may keep a copy of all
drawings and specifications for its sole and exclusive use.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, including California Civil
Code section 2782.8, the Consultant shall indemnify and hold harmless the City
and each of its officers, officials, and employees from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage), and from any and all third -party claims, demands, and actions in law or
equity (including reasonable attorney's fees, and litigation expenses and cost to
enforce this Agreement) to the extent caused by the negligence, recklessness or
willful misconduct of the Consultant, its principals, officers, employees, agents, or
volunteers in the performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify and hold harmless the City and each of its officers, officials, and
employees in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in its sole discretion. The
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required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub -consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. the Consultant and any subcontractor/sub-consultant
shall establish additional insured status for the City, its officers, officials,
employees, agents, and volunteers by using Insurance Service Office (ISO)
Form CG 20 10 04 13 or both CG 20 10 04 13 and CG 20 37 10 01 or by
an executed manuscript company endorsement providing additional
insured status as broad as that contained in ISO Form CG 20 10 11 85.
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9. Conflict of Interest and Non -Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.), the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to
Compete). At any time, upon written request of the City, the Consultant
shall provide a written opinion of its legal counsel and that, of any
subcontractor that, after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and
regulations. The Consultant shall take, and require its subcontractors to
take, reasonable steps to avoid any appearance of a conflict of interest.
Upon discovery of any facts giving rise to the appearance of a conflict of
interest, the Consultant shall immediately notify the City of these facts in
writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any the City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project. the Consultant and any of its
subcontractors shall have no interest, direct or indirect, in any other contract
with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
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shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Proaram. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (a) above and the ongoing maintenance thereof.
11. General Terms and Federal Assurances.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Director or designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
ali books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
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subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) The City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal assurances identified in Exhibit
D and require that each subcontract include the same assurances by each
of its subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) the Consultant will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) the Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
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sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner, or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co-
empioyee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
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unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall exercise the standard of care at all times and comply with
applicable laws of the United States, the State of California and the City, and with
applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
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20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attornev'c Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses. Prevailing party
is the party who recovers greater than 67% of its total claims in the action or who
is required to pay no more than 33% of the other party's total claims in the action
when considered in the totality of claims and counterclaims, if any. In claims for
monetary damages, the total amount of recoverable attorney's fees and costs shall
not exceed the net monetary award of the prevailing party.
24, Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cilmu!ati%te Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third i='arty Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Aareement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
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20. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page].
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a Calif b ,� ipal corporation
By: R�r '�'6MpS6V,2/15/2023
Henry ompsdn, A.A.E., C.A.E., IAP
Director of Aviation
Airports Department
No signature of City Attorney required.
Standard Document #FedFund Eng.
CSA, Short Form, Total Fee (11-2022)
has been used without modification, as
certified by the undersigned.
lo,
By:
Ma k W. Davis
Airports Planning Manager
Airports Department ;
I t/
REVIEWED BY: a
J/ �
Richard Madrigal, Airports , rojects
Supervisor
Airports Department
ATTEST:
TODD STERNIER, CMC
City Clj�cDocuS:,,a,dby:
By: _ 'rl�,q, h g6Lkr - 2/15/2023
11F
Deputy
Addresses:
CITY:
City of Fresno
Attention: Mark W. Davis,
Airports Planning Manager
Fresno, CA 93727
Phone: (559) 621-4532
E-mail: mark.davis@fresno.gov
RS&H CALIFORNIA, INC.,
a California corporation
Name: Jose h P. Jackson
Title: President
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: {-_.:lll r,t,C:�_
Name: Evan Pfahler
Title: Vice President / Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: N/A
Name:
Date of Issuance:
CONSULTANT:
RS&H California, Inc.
Attention: Joseph P. Jackson,
President
369 Pine St. Suite 610
San Francisco, CA 94104
Phone: (630) 300-8511 (cell)
E-mail: Joe.Jackson@RSandH.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
FYI-S Fed Fund Eng. Serv, CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H
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4. Exhibit D - Assurances
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and RS&H California, Inc. (Consultant)
FAT Air Traffic Control Tower Replacement and Implementation Stud
Scope of Services to follow (8 pages).
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit A
Page 1 of 1
uuuu Jll`f. II CI IvCIuytl IU. JCJ I IV IU-OJO'+--+O! l�-�VVV-I�VLGC4ML/ IMI�I�
SCOPE OF WORK
I PROJECT DESCRIPTION
The City of Fresno owns and operates the Fresno Yosemite International Airport (FAT). The City's
Department of Aviation (City) has contracted with RS&H to prepare an Airport Traffic Control
Tower (ATCT) replacement and implementation study. The purpose of this study is to identify the
steps the City must take to successfully achieve FAA approval and funding for the construction of
a new ATCT and demolishing the existing ATCT. This study will include a review of the
recommended ATCT sites presented in 2010 ATCT Site Survey prepared by the FAA Los Angeles
Terminal Engineering Center, a rough order of magnitude in cost, preliminary project schedule,
and potential environmental impacts. Services are authorized under the City of Fresno contract
number [tbd] (Agreement). Through this Agreement, the Department is authorized to issue
separate task orders to obtain services as need requires.
FIGURE 1:
FRESNO YOSEMITE INTERNATIONAL AIRPORT AIR TRAFIC CONTROL TOWER
The Services under this Agreement will be performed in accordance with the most
current version a i applicable FAA documents including Orders, guidance, Advisory Circulars
Fresno Yosemite Her: . n, onal Airport Tropic Control Tin,ver Replacement Project - (Version 0. 1) 1
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SCOPE OF WORK
(AC) listed below, and others as may be required. As applied, the Services will meet all necessary
requirements of the Federal Aviation Administration (FAA).
FAA Order 5090.3C
Field Formulation of the National Plan of Integrated Airport
Systems (NPIAS)
FAA Order 5100.38D
Airport Improvement Program (AIP) Handbook
FAA Order 6480.4B
Air Traffic Control Tower Siting Process
FAA Order 8260.313
United States Standard for Terminal Instrument Procedures
(TERPS)
FAA Order 1050.1
Policies and Procedures for Considering Environmental Impacts
FAA Order5050AB
National Environmental Policy Act (NEPA) Implementing
Instructions for Airport Actions
FAA Order 5500-'
Passenger Facility Charge
AC 150/5050-4
Citizen Participation in Airport planning
AC 150/5050-8
Environmental Management Systems for Airport Sponsors
AC 150/5060-5
Airport Capacity and Delay
AC 150/5100-14E
Architectural, Engineering, and Planning Consultant Services for
Airport Grant Projects
AC 150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice
Control Equipment and Materials
AC 150/5230-413
Aircraft Fuel Storage, Handling, Training, and Dispensing on
Airports
AC 150/5300-13A
Airport Design (Change 1)
AC 150/5300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National
Geodetic Survey
AC 150/5300-17C
Standards for Using Remote Sensing Technologies in Airport
Surveys
AC 150/5300-18B
General Guidance and Specifications for Submission of
Aeronautical Surveys: Field Data Collection and Geographic
Information System, (GIS) Standards
AC 150/5325-4A
Runway Length Requirements for Airport Design
Fresno Yosemite Internationo( Airport Traffic Control Tower Rep(ocement Project - (Version 0.7) 2
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SCOPE OF WORK
AC 150/5340-1 L Standards for Airport Marking
AC 150/5360-13 Planning and Design Guidelines for Airport Terminal Facilities
(Change 1)
III SCOPE OF SERVICES
The services included in this section identify the proposed work plan to successfully guide the
City in relocating the ATCT to a new site on the airfield. Work consists of three primary tasks and
is organized chronologically to follow the Consultants' recommended steps in achieving FAA
approval and funding for the development of a new ATCT and demolition of the existing ATCT.
A description of each task is provided below.
TASK 1 ATC-C l= IDENTIi=1CATiON, REVIEW, AND COORIDINATION
The purpose of Task 1 is to graphically depict and describe all sites previously examined in the
FAA's 2010 ATCT Siting Study prepared by the FAA's Los Angeles Terminal Engineering Center.
The highest ranking three sites from the siting study will be validated to maintain consistency
with current planning efforts focused on future airport improvements at FAT. Task 1 also
includes establishing coordination with the FAA ADO and ATO to define the overall purpose of
this study and identify the proposed steps the City will take for FAA review and comment.
Task 1.1 Project kick-off meeting, data collection, and FAA coordination
The Consultant will coordinate and attend one kick-off meeting with the City at FAT to establish
the preliminary project goals and objectives. At this meeting, the Consultant will review the
City's relevant files and collect available project related information. The Consultant will also
review project requirements with the City and other appropriate stakeholders as identified in
FAA Order 6480.4B. Upon approval from the City, FAA will be invited to attend the kickoff
meeting for the purpose of initial feedback and comment on the proposed project tasks to be
completed. This meeting will also address FAA's willingness to enter into a reimbursable
agreement with the City to fund the costs of the FAA's ATO ATCT replacement and
implementation study. Deliverables include:
>> Kickoff meeting: Consultant will prepare a brief presentation for the kickoff meeting
which identifies the purpose of the project, anticipated tasks, and preliminary project
schedule. The Consultant will take notes and document project goals and objectives
identified during meeting. A meeting summary will be sent to City for review and
comment. Goals and objectives will be carried forward throughout this study.
Reimbursable graDt agfeement coordination with FAA: Consultant will coordinate with
the City, FAA ADO, and FAA ATO to establish a reimbursable grant agreement enabling
the City to fund the upfront costs in preparing the FAA's ATO ATCT siting study.
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SCOPE OF WORK
Task 1.2 Overview of relevant planning studies
This task will include an overview of previous planning studies related to the existing ATCT.
Studies include the most recent FAT Airport Master Plan and the 2010 Air Traffic Control Tower
(ATCT) siting study prepared by the Los Angeles Terminal Engineering Center. All sites evaluated
in the 2010 siting study will be mapped graphically and include a narrative description. FAA's
recommended highest ranking three sites will be described based on each site's criterion for
selection. Those sites dismissed by FAA for further consideration will be described based on the
reasons included in the 2010 siting report. Other relevant studies or development plans
impacting site access, utilities, and airspace affecting ATCT relocation will be identified in this
task.
Protect location map: The Consultant will prepare a graphical project location map
depicting the existing location of the ATCT and its proximity to airside and landside
facilities at FAT.
ATCT histoiand condition: This task will include a brief history of the ATCT and its
current coriclition. Internal and external photography will be taken during the project kick
off meeting to describe the condition of the ATCT. Identification of known fatal flaws
associated with the existing ATCT will be documented.
Task 1.3 Develnp preliminary project justification and environmental purpose and need
In preparation for subsequent environmental documentation, a preliminary purpose and need
statement will be developed to meet the requirements in FAA Order 1050.1 F, 5050.413, and
CEQA. This task will also include the preparation of a detailed project justification narrative to be
used in the project- purpose and need statement as well as future grant applications. The
preliminary purpose statement will describe what issues or challenges FAT is trying to solve. The
preliminary Need statement will describe why the FAT seeks to resolve these challenges. All
language developed in this task will be written clearly and concisely for comprehension among
those not familiar with aviation activities. Deliverables include:
Prepare Phase 1 Environmental Site Assessment (ESA): Consultant will develop Phase 1
ESA report identifying known existing environmental contamination liabilities located on
or near each of the three FAA ATCT sites for consideration. The purpose of the report is
to assess if current or historical property uses have impacted the soil or groundwater
beneath the property and could pose a threat to the environment and/or human health.
Determine need for Phase 2 Environmental Site Assessment: Pending the results of the
Phase 1 ESA, the Consultant will coordinate with the City and local environmental
agencies to determine the need for a Phase 2 ESA report. The purpose of the Phase 2
ESA is to evaluate the presence or absence of petroleum products or hazardous
substances in the subsurface of the sites considered for ATCT relocation. A Phase 2 ESA
may not be required.
Fresno Yosemite Ilitewcitional.Airport T,-,,,�ffic Control Tcnver Replacement Project- (Version 0.7) 4
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SCOPE OF WORK
» Draft Purpose and Need statement: Consultant will create clear and concise draft
purpose and need statement describing the issues or challenges impacting the
relocation of the ATCT as well as the overall need for the project. This draft statement
will be used for future grant application and project justification needs.
Task 1.4 Update ALP with FAA recommend ATCT sites
The purpose of this task is threefold. First, this task will include updating FAT's most recent ALP
to depict three of the FAA's highest ranking ATCT sites. This ALP revision will be a "pen and ink"
update (change) for the purpose of FAA's Los Angeles Terminal Engineering Center to select a
preferred ATCT site. Second, the FAA's selection of a preferred ATCT site will be used to prepare
the required environmental documentation (NEPA/CEQA) to be prepared in Task 2 (described
below). Finally, the selection of a preferred ATCT site will be used in the preparation of the
overall project justification and used in future grant applications. Deliverables include:
» Draft ALP update: Consultant will prepare a draft ALP update identifying three FAA ATCT
sites for client review/comment. ALP will be prepared following current FAA ALP SOP
requirements.
Submit ❑+--ft ALP to FAA: Pending City ALP approval, Consultant will coordinate a
meeting (ir person or virtual) with FAA ADO and ATO to present three sites for
consideration. The purpose of this meeting is to present the highest-ranking sites, their
location, potential impacts (if any), and request FAA selection of preferred ATCT site. FAA
ALP comments will be addressed by the Consultant before submitting final ALP for FAA
approval.
Finai ALP. Submit final ALP to FAA for approval. All FAA comments on the draft ALP will
be addressed as part of this effort.
TASK 2 MiFN1 T A;l 0C UMLi'1.I T ANION, CONCEPTUAL DESIGN, AND
A X, "T
In Task 2 the Consultant will develop a conceptual ATCT design. The level of effort for
conceptual design will not exceed ten percent of the total design activities required for
construction. This level of design is intended to provide the City with adequate information to
prepare and issue a Request for Qualifications for complete ATCT engineering and design
services and be used for project justification in grant applications. Next, the Consultant will
develop the required NEPA/CEQA environmental documentation. Environmental documentation
will include the development of an Environmental Assessment (EA) and California Environmental
Quality Act (CEQA) documents to provide government agencies, decision -makers, and the public
aware of potential environmental impacts associated with the preferred ATCT relocation site.
This documentation will also identify opportunities to reduce potential impacts to the extent
feasible. Finally, Task 2 will include a rough order -of -magnitude (ROM) in the costs associated
Fresno Yosemite Intro--Itional Airport Tr'offic Control Toy✓er Replacement Project - (Version 0.7) 5
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SCOPE OF WORK
with constructing a new ATCT and demolishing the existing ATCT at FAT. ROM costs will be
developed using readily available information from recent ATCT construction projects in the US
as well as information provided by the City. A preliminary project schedule will be prepared for
the City's review and comment. Subtasks include:
Task 2.1 Conceptual ATCT Design
Consultant will develop preliminary ATCT concept and site plan depicting facility needs, location,
height, viewshed, access, parking, utilities, and ADA requirements. Conceptual design will not
exceed 10 percent of total design effort required for construction. Conceptual design will be
used for project justification, grant application, and environmental documentation. Deliverables
include:
Conce tuai ATCT design and site Ian: Consultant to develop 10 percent concept design
and site plan for City review, comment, and approval.
Task 2.2 Prepare Environmental Assessment and CEQA documentation
Consultant will develop a draft and final EA based requirements set forth in FAA Orders 5050.413
and 1050.1 F. Draft and final EA to be submitted to City for review and comment. City comments
to be addressed by consultant before submitting final EA to FAA for review and approval.
Consultant to repurpose final EA for CEQA documentation. Deliverables include:
State Historic Preservation Office SHPO Coordination: Consultant will prepare required
SHPO forms identifying potential impacts (if any) to structures 50 years are older (ATCT
constructed 61 years ago).
>> Draft EA to FAA: Submit draft EA to FAA ADO for review and comment. Consultant may
request n-, eting with FAA to present findings in draft EA (TBD).
Prepare Final EA: Consultant to collect and incorporate FAA comments on draft EA.
Submit revisions to City for review and approval. Submit final EA to FAA for approval.
Prepare and submit CEQA documentation: Submit to governing state agency for review
and approval. CEQA comments to be addressed by consultant, if applicable.
Task 2.3 Preiin-wnary Costs
Consultant will develop ROM costs for the construction of a new ATCT and demolition of the
existing ATCT. These costs will be prepared in accordance with current estimates and provided
in current values (no future escalation). Deliverables include:
ROM Cost Estimates: Consultant will develop preliminary costs using spreadsheet (Excel).
Cost will include construction costs, estimate for owner's soft costs (program
management, design, construction administration, permits, commissioning, and RPR).
Cost estimates prepared in this section are planning level only (preliminary) and subject
to change. City to review and comment on costs. Consultant to make revisions as
needed.
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SCOPE OF WORK
Task 2.4 Project Schedule
Consultant will prepare a project schedule depicting the anticipated timing for ATCT
construction activities.
» ATE Project Schedule: Consultant to develop graphical project schedule depicting key
projects tasks by duration, key milestones, meetings, and stakeholder review periods.
TASK 33 IDEi`�I"Cit=Y FUNDI11J� OPPORTUNTIES, RESTRICTIONS, AND PREPARE
Task 3 focuses on identifying potential funding opportunities and associated risks associated
with relocation of the ATCT at FAT. The Consultant will coordinate with the City to develop a
funding strategy to best position FAT to complete for available Bipartisan Infrastructure Law
(BIL), Airport Terminal Plan (ATP), and Airport Improvement Plan (AIP) grant funds. Task 3
includes Consultant preparation of an ATCT relocation grant application. The development of
this grant application will be coordinated with the City before FAA submittal. Finally, if the FAA
requires a Benefit Cost Analysis (BCA) to show the benefit cost ratio in relocating the ATCT, the
Consultant will prepare a BCA which follows current FAA requirements as part of this task (TBD).
Subtasks include:
Task 3.1 Pr® ert Funding Opportunities and Restrictions
The sources and uses of airport funds, Airport Improvement Plan (AIP), Bipartisan Infrastructure
Law (BIL), and other applicable FAA program funds will be identified and evaluated for project
applicability. Alternative financing instruments for all or part of the proposed project will be
identified includ ng bonds, grants, PFC, and state funds, if applicable. The Consultant will review
current federal and state restrictions to determine funding eligibility for ATCT relocation.
Deliverables inciude:
List of eligible project funding sources by type, federal local matching, and other
applicable federal reglgirements.
Identification of known or perceived restrictions affecting project funding and
implementation.
Task 3.2 (Benefit Cost Analysis (TBD)
Consultant will coordinate with FAA to decide if BCA is required.
Task 3.3 Prepai a Grant Application
This task includes Consultant preparation and coordination of a FAA grant application for the
relocation of the ATCT and demolition of the existing ATCT using available federal, state, and
local funding. The Consultant will schedule one (1) meeting with the City to present a draft grant
application, collect client feedback, and incorporate necessary revisions before supplying the
final grant application to the City for FAA submittal. Deliverables include:
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SCOPE OF WORK
Draft ATCT Grant Application
» Final ATCT Grant Application
Task 3.4 FAA Coordination and Grant Support
Under the approval of the City, the Consultant will schedule a meeting with the FAA ADO to
present the final ATCT grant application before official grant submittal. The purpose of this
meeting is to identify the ADO's current funding obligations and determine the timing for the
City to issue an RFQ for ATCT engineering and design services. The Consultant will provide grant
support to the City for FAA comments as needed for the successful completion of the grant's
submittal. Deliverables include:
ATCT grant application presentation to FAA ADO
Task 3.5 Update Project Schedule
Based on FAA coordination meeting identified in Task 3.4, the Consultant will update the
previously prepared project schedule to reflect known timing for remaining ATCT activities,
including advertising RFP for design services, construction, and commissioning. Consultant will
provide an updated schedule to City for review and approval. Deliverables include:
Revised oroect schedule
Task 3.6 ATCT Procurement Methods
The Consultant will schedule a meeting with the City to discuss the benefits and disadvantages
of procurement methods available for ATCT design and construction. Information to be
discussed includes impacts to costs, schedules, and risk. A summary of procurement methods
will be provided to the City for review prior to this meeting. Deliverables include:
» Memorandum identifying potential ATCT procurement methods
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and RS&H California, Inc. (Consultant)
FAT Air Traffic Control Tower Replacement and Implementation Stud
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non -
owned equipment), products and completed operations, and contractual
iiability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of Commercial Auto Coverage Form CA 00 01,
!providing liability coverage arising out of the ownership, maintenance or use
of automobiles in the course of your business operations. The Automobile
Policy shall be written on an occurrence form and shall provide coverage
for all owned, hired, and non -owned automobiles or other licensed vehicles
(Code 1- Any Auto).
3. `,nJorkers' Compensation insurance as required by the State of California
ar.d Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater cf the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
(' _, knv'th!ERCIAL GENERAL LIABILITY:
(;) $1,000,000 per occurrence for bodily injury and property damage;
(il) $1,000,000 per occurrence for personal and advertising injury;
$2,000,000 aggregate for products and completed operations; and,
r �_2;000,000 general aggregate applying separately to the work
performed under the Agreement.
FYI-S Fed Fund Eng Serv. CSA. Short Form, Total Fee (11-2022)
Exhibit B
Page 1 of 4
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2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. ` r�QFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
The Consultants shah be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must
be declared on the Certificate of Insurance, and approved by, the City's Risk Manager or
designee. At the option of the City's Risk Manager or designee, either:
(;) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS
The General Liability and Automobile Liabilit insurance olicies are to contain, or be
endorsed to contain, the following provisions:
The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. the Consultant shall establish additional
in: pared status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
enciorsement providing additional insured status as broad as that contained
FYI-S Fed Fund Eng.St.,.-v. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 2 of 4
Uuuu JIIJ.II CI IVCIVFIC IU. oco 1 IV IU-O004-' oI\. -DVVV-IiULGG�MU IMlrl'
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant's insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13.
The Workers' Com ensation insurance policy is to contain, or be endorsed to contain, the
following provision: the Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability Errors and Omissions insurance policy is written on a claims -
made form:
1. T i"le retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of fhe Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
tl'-:e Agreement or the commencement of work by the Consultant, the
C- r:sultant must purchase "extended reporting" coverage for a minimum of
five Years after completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A cony of the claims reporting requirements must be submitted to the City
for review.
5. These requirements shall survive expiration or termination of the
/" SCeemenl.
All golicies of rsui•ance required herein shall be endorsed to provide that the coverage
shall not be c= !celled, non -renewed, reduced in coverage or in limits except after thirty
calendar days' v.!ritten notice by certified mail, return receipt requested, has been given
to the City. T�11-_ Ccnsultant is also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of canc Ration, non -renewal, or reduction in coverage or in limits, the Consultant
FYI-S Fed Fund Eng, SErv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 3 of 4
VUUU01YII CIIVCIUFIC IV. JGJ I I V I V-OJDV-VV / ItA'. k.,
shall furnish th City with a new certificate and applicable endorsements for such
policy(ies). In ti event any policy is due to expire during the work to be performed for
the City, the Ccl ;sultant shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen calendar days prior to the
expiration date of the expiring policy.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to the City's
execution of the Agreement and before work commences. All non -ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 4 of 4
VVuuolly.lI CI IvCIVpC IV. JCJ I IV IV-OJD4--FOlI�-DV VV-I�VGLC4MV IM1J l�
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
FAT Air Traffic Control Tower Replacement and Implementation Stud
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of
❑
x❑
its aqents?
2
Do you represent any firm, organization, or person who is in
❑
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who
❑
❑x
do business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
❑
❑x
the City of Fresno, or in a business which is in litigation with
j the City_of Fresno?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
❑
who has any significant role in the subject matter of this
f service?
6
' Do you or any of your subcontractors have, or expect to have,
_
any interest, direct or indirect, in any other contract in
❑
FRI
I connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation,
Signature
2/13/2023
Date
Joseph P. Jackson
(Name)
RS&H California, Inc.
(Company)
369 Pine St. Suite 610
u Additional page(s) attached_
FYI-S Fed Fund Eng. Serv, CSA, Short Form, Total Fee (11-2022)
Exhibit C
(Address)
San Francisco, CA 94104
(City, State Zip)
Page 1 of 1
VUUUJIIJ.II CI IVCIUPC1 IV. Oco I IV IV-OJD'+-'+OlIP1l.L.
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno
(City) and [Consultant Name] (Consultant)
A. I. P. PROJECT NO. [AIP number(s)]
[Project Titlel
During the performance of this Agreement ("contract" or "contract documents"), the
Consultant, for itself, its assignees and successors in interest (collectively as "the
contractor" or "the Consultant") agrees as follows (hereafter, the `City" is referred to as
"Sponsor"):
I. PROVISIONS APPLICABLE TO ALL PROFESSIONAL SERVICES
CONTRACTS
A. ACCESS 70 RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor
agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their duly authorized representatives' access to
any books, documents, papers, and records of the contractor which are directly pertinent
to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
B. BUY AIMERICAN CERTIFICATION
The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds
may not be obligated unless all steel and manufactured goods used in AIP-funded
projects are prociuced in the United States, unless the FAA has issued a waiver for the
product; the product is listed as an Excepted Article, Material Or Supply in Federal
Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy
American Waivers issued list.
A bidder or offerer must submit the appropriate Buy America Certification (below) with all
bids or offers on Airport Improvement Program ("AIP")-funded projects. Bids or offers that
are not accorf'�._pa.nied by a completed Buy America certification must be rejected as
nonresponsive.
Type of Cert;fiication is based on Type of Project:
There are two types of Buy American certifications.
a For projects for a facility, the Certificate of Compliance Based on Total Facility
(Terminal or Building Project) must be submitted.
For all oilier projects, the Certificate of Compliance Based on Equipment and
Materials Us on the Project (Non -building construction projects such as
runway o roadway construction; or equipment acquisition projects) must be
FYI-S Fed Fund Eng- Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 1 of 21
Vuuu JIIJ.II CI IVCIuytJ IU. JCJ I IQ IU-OJ C'+-'-FO/lam-OUVV-IJVLLC'iF1V IMI..I'
submitted.
See Attachments A and B: Buy American Certifications
C. GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to ensure that no person shall, on the grounds of race,
creed, color, nationai origin, sex, age, or handicap be excluded from participating in any
activity con: u ;tad with or benefiting from Federal assistance.
This provisicn birds the contractor from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights
Act of 1964.
This provision : isc obligates the tenant/concessionaire/lessee or its transferee for the
period during nibich Federal assistance is extended to the airport through the Airport
Ir orovement Prcizram, except where Federal assistance is to provide, or is in the form of
personal property; real property or interest therein; structures or improvements thereon.
li- these cases r',e provision obligates the party or any transferee for the longer of the
following period.:
a. 7he ;period during which the property is used by the airport sponsor or any
tra ,s`eree for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits; or
b. The period during which the airport sponsor or any transferee retains
ownership or possession of the property.
D. CIVIL R!CFITS ACT OF 1964, TITLE VI
Compliance with Nondiscrimination Requirements - During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Codmpeiance with Regulations: The contractor (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination
Statutes and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-d- Iscrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
'ihe R= egu;ations, including employment practices when the contract covers any
aci_iviy, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Egjipment: In all solicitations, either by competitive bidding, or negotiation
:7.ac!a by the contractor for work to be performed under a subcontract, including
proc:.:rements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the contractor of the contractor's
FYI-S Fed Fund Eng. Ccnsultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 2 of 21
VUVU01 II CI IvCIupt1 IU. JCJ I IV IU-OJIJ'i-'-FO/ l'-CUVV-IJULLC4/1U I tAI-11-
ob!igations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with
surf: acts, Regulations, and instructions. Where any information required of
a contractor is in the exclusive possession of another who fails or refuses to
iU rli i-, the information, the contractor will so certify to the sponsor or the
cede, al Aviation administration, as appropriate, and will set forth what efforts
it iias made to obtain the information.
5. S6:nct� ons for Noncompliance: In the event of a contractor's noncompliance
Non-discrimination provisions of this contract, the sponsorwill impose
sic'^ contract sanctions as it or the Federal Aviation Administration may
Je'::=,,amine to be appropriate, including, but not limited to:
`M Ihholdir,g payments to the contractor under the contract until the
c rtractor comp!ies; and/or
D. cancelling, terminating, or suspending a contract, in whole or in part.
6. Nn-,crporation of Provisions: The contractor will include the provisions of
�:;�g€apiss one through six in every subcontract, including procurements of
,As and leases of equipment, unless exempt by the Acts, the Regulations
ar ' -!': aclr ives issued pursuant thereto. The contractor will take action with
resp ct 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.
E. DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) — The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration c;f DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Paymerot (§26.29) - The prime contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than {specify
number} days from the receipt of each payment the prime contractor receives from {Name
of recipient). The prime contractor agrees further to return retainage payments to each
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit Q
Page 3 of 21
Lwuuoly II mIv Clu F1C ILI. JCJ I IV IL/-OJD't-'-FO(IMlIU
subcontractor vvithin {specify the same number as above} days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
{Name of Recipient}. This clause applies to both DBE and non -DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by cercrence, with the same force and effect as if given in full text. The
contractor has responsibility to monitor compliance to the referenced statute or
regulaticn. T.-ia Contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requ ire r-, Fo'l Federal Agency with Enforcement
Responsibilities
Federal Faii- '_abor Standards Act (29 U.S. Department of Labor - Wage and
USC 201) Hour Division
G. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Ali contracts and subcontracts that result from this solicitation incorporate the following
prcvisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. Yi;F, contractor crust address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
jRegjuirenira t
Federal Agency with Enforcement
Responsibilities
�Occupatioi-al Safety and Health Act of
U.S. Department of Labor - Occupational
Safety Health Administration
1970 (20 CFR Part 1910)
and
H. RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to
regulations issued by the FAA and the Sponsor of the Federal grant under which this
contract is executed.
I. TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a. Is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 4 of 21
VUUU'Di II CI IVCIupt- IU. 01:01 IU IL.!-OJD i-40/l�-D000-VLIGGC�FML/IMl.il.i
b. Has- not knowingly entered into any contractor subcontract for this project with
a person that is a citizen or national of a foreign country on said list, or is owned
or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
c. Has not procured any product nor subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above. If the contractor knowingly procures
or subcontracts for the supply of any product or service of a foreign country on said list
for use on the project, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it
will incorpomt^ t'1is provision for certification without modification in each contract and in
all lower tier subcontracts. The contractor may rely on the certification of a prospective
subcontractor ui-,iess it has knowledge that the certification is erroneous.
The contractor ;hall provide immediate written notice to the sponsor if the contractor
learns that its c=:rtification or that of a subcontractor was erroneous when submitted or
has become erroneous by reason, of changed circumstances. The subcontractor agrees
to provide kvritter notice to the contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. ff it is later determined that the contractor or subcontractor knowingly
rendered ar ,er-oneous certification, the Federal Aviation Administration may direct
through the So:,nsor cancellation of the contract or subcontract for default at no cost to
the Governmert.
Nothing 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
r,rovision. Tr:e i<rowledge and information of a contractor is not required to exceed that
vl,,hich is norm ,fly possessed by a prudent person in the ordinary course of business
dealings.
This cer, ificaticr, concerns a matter within the jurisdiction of an agency of the United
States of America, and the making of a false, fictitious, or fraudulent certification may
render the mai<,,'- subject to prosecution under Title 18, United States Code, Section 1001.
BAN ON TEXTING AND DRIVING
r : contractor shall adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government. The contractor further
agrees to conduct workplace safety initiatives commensurate with the size of its business,
such as establishing rules or programs that prohibit text messaging while driving and
education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 5 of 21
Vuuuol II CIlvulupC IV. JCJ I I V I V-0Dr)-F-' 0I ItAk L,
K. 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.
L. DAVIS-BACON REQUIREMENTS
1. Minimum V ages.
(;) Ali 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 i EJ),ite on any account (except such payroll deductions as are permitted by
the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages
and bona ride f,-inge benefits (or cash equivalent thereof) due at time of payment
computed at rai--s not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual reiationship which may be alleged to exist between the Contractor and such
laborers and nechanics.
Contributions m�,oe or costs reasonably anticipated for bona fide fringe benefits under
section ; (b)(2) o-; ti le Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to Ich laborers or mechanics, subject to the provisions of paragraph (1)(iv)
of triis section; also, reguiar contributions made or costs incurred for more than a weekly
period (but riot lass often than quarterly) under plans, funds, or programs which cover the
particular wee,,<st- oerlod, are deemed to be constructively made or incurred during such
vveeKiy period. S.i.ch laborers and mechanics shall be paid the appropriate wage rate and
1Tii-tge benefits _.r the wage determination for the classification of work actually performed,
without regard ,o skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
wiechanics pert&-rning work in more than one classification may be compensated at the
rate specified' f - each classification for the time actually worked therein: Provided that
the employer's .:?,.\soli records accurately set forth the time spent in each classification in
whion work is per ormed. The wage determination (including any additional classification
n� wage raises c;on'formed under (1)(ii) of this section) and the Davis -Bacon poster (WH-
1 shall be ,Estee a-i 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.
The cor L acting officer shall require that any class of laborers or mechanics,
including heire� , which is not listed in the wage determination and which is to be
erne; oyed the contract shall be classified in conformance with the wage
de`Lermination. ;e contracting officer shall approve an additional classification and wage
rate ana fringe uenefits tnerefore only when the following criteria have been met:
(1) The work co be performed by the classification requested is not performed by a
classification in tiia wage determination;
(2) The classification is utilized in the area by the construction industry; and
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 6 of 21
L/UI.U'D191I CIlvt IlupC IU. JCJ I I I U-OJD4-'+O/ V-D000-1 U/-4EZ4t-%U IMl- L'
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, 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 eves + the Contractor, the laborers, or mechanics to be employed in the
classification, or their representatives, and the contracting officer do not agree on the
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 deterrination within 30 days of receipt, and so advise the contracting officer or
will notify the cc. ittacting 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 classifical'ion.
(�) Wheneve,- ie minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall eitner pay the benefit as stated in the wage determination or shall pay
an other bona f:ae fringe benefit or an hourly cash equivalent thereof.
(I=) If the Core:- actor does not make payments to a trustee or other third person, the
Contractor rnav consider as part of the wages of any laborer or mechanic the amount of
eL,ny costs reasor,ably anticipated in providing bona fide fringe benefits under a plan or
program: the Secretary of Labor has found, upon the written request of the
Contractor, thai the applicable standards of the Davis -Bacon Act have been met. The
Secretary o-f -LI�f_ may require the Contractor to set aside in a separate account assets
fOr the rneeti,!c, ci- ob!igations under the plan or program.
2. 'Mthholcl;ir
,e Federa:Administration or the sponsor shall upon its own action or upon
v;ritten request of an authorized representative of the Department of Labor withhold or
cause ito be vviunr�eld from the Contractor under this contract or any other Federal contract
with me say},e , pie contractor, or any other federally -assisted contract subject to Davis -
Bacon prevaiyi: Vvage requirements, which is held by the same prime contractor, so
much of he cc:ued payments or advances as may be considered necessary to pay
laborers ai , i:•_chanics, including apprentices, trainees, and helpers, employed by the
Co,:'rracmr or :r subcontractor the full amount of wages required by the contract. In the
eveirit of la!it^r:..o pay any laborer or mechanic, including any apprentice, trainee, or
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 7 of 21
UUUU,DlylI CIIVCIUpt: IL/. JCJ I IU I L/-0JTD1#-40 11.-OUVU-IJVLGC-FML/ IMl.rl�
helper, employed or working on the site of work, all or part of the wages required by the
contract, the Federal Aviation Administration may, after written notice to the Contractor,
Sponsor, Applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker; his or her correct classification;
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the
Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that L-he 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)(S) o-i tr;e 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
inanciaiiy responsible, and that the plan or program has been communicated in writing
to ii-ie laborers or mechanics affected, and that show the costs anticipated or the actual
costs incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
a+p'-rentices anc trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Con.-ractor shall submit weekly for each week in which any contract work is
performed a cc:-tiy of all payrolls to the Federal Aviation Administration if the agency is a
party to '.he con--'ract, but if the agency is not such a party, the Contractor will submit the
payrolls to the appplicam, Sponsor, or Owner, as the case may be, for transmission to the
ec eral Aviation administration. The payrolls submitted shall set out accurately and
completeiy ai: �f the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that fuel: social security numbers and home addresses shall not be included on
vieekly iransr�,i'rtals. instead the payrolls shall only need to include an individually
identifying r Sul ,roar for each employee (e.g. the last four digits of the employee's social
security nur,`;j- l. !-he requires weekly payroll information may be submitted in any form
ds== r-ed. Opuor,_l Form VVH-347 is available for this purpose from the Wage and Hour
Division Web site a"L www.dol.gov/whd/forms/wh347instr.htm or its successor site. The
pr:rne corscr :o is responsible for the submission of copies of payrolls by all
suc,contrGctors_ contractors and subcontractors shall maintain the full social security
n"lCYlber and cur; �r,t address of each covered worker and shall provide them upon request
i� rye escrai ,via-L;1on Administration if the agency is a party to the contract, but if the
Gcerrcy is r:ot s -+ a party, the Contractor will submit them to the applicant, sponsor, or
Owner, as rr =e may oe, for transmission to the Federal Aviation Administration, the
Co^tYactor, or t`..1,Vage ane Hour Division of the Department of Labor for purposes of an
investiuQ�ion or -,uai: or compliance with prevailing wage requirements. It is not a violation
ii,iv section 7:cr oi-irne contractor to require a subcontractor to provide addresses and
FY'-S lad Fuz-d :_ Cc .:'a-,': Service .Agreem-ent, Short Ferrn Total Fee (11-2022)
Page 8 of 21
UVVUJ I IY.II CI IV tz:lupC IV. JCJ I IV IU-OJD4-40/l..-DV VV-IJVGLC4MV IMl-,U
social security numbers to the prime contractor for its own records, without weekly
submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each 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.
i0) The weel<iy submission of a properly executed certification set forth on the reverse
side of Optionai Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance' required by paragraph (3)(ii)(B) of this section.
(D) The falsifica"ion of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 3"i cr ine Uniied States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives or the sponsor, the Federal Aviation Administration, or the Department of
Labor and shall parmii such representatives to interview employees during working hours
on the jeb. 1r ti! , I-ontractor or subcontractor fails to submit the required records or to
n-lake them G�, a:Iabie, the Federal agency may, after written notice to the Contractor,
Sponsor, .ppL,cacL, or Owner, take such action as may be necessary to cause the
suspension of ar-iy further payment, advance, or guarantee of funds. Furthermore, failure
to submit the iequired records upon requesi or to make such records available may be
grounds for d&-J-rrnent aciion pursuant to 29 CFR 5.12.
,apprentices . ici rainees.
Apprentices, Apprentices will be permitted to work at less than the redetermined rate
l � PP �.. �:�.. . ; '� I p p
for _tie v,./or:f "%-SV performed when they are employed pursuant to and individually
registered in a ;_jna fide apprenticeship program registered with the U.S. Department of
Labor, '`mpioyl-!-:ent and Training Administration, Bureau of Apprenticeship and Training,
OF wi'Lh a Sta;_t> Lpprenticeship Agency recognized by the Bureau, or if a person is
employed in i-,is crier tiy-si 90 days of probationary employment as an apprentice in such
anprograrn, who is not individually registered in the program, but who has
beer: certified : I,i the Bureau of Apprenticeship and Training or a State Apprenticeship
A e!'cy io be eligible for probationary employment as an apprentice.
ie allowa�ie -aLic of aoprentices to journeymen on the job site in any craft classification
sl-;a l not be gr==�_er ,'hart the ratio permitted to the contractor as to the entire work force
�G r ifsG regis_ program. Any worker listed on a payroll at an apprentice wage rate,
W10 is or c-inerwise employed as stated above, shall be paid not less than
FYI-S Fed F!:n = to ServicaAgr e.nan:, Short Form Total Fee (11-2022)
Exhibit G
Pine 9 of 21
VUVUJIIJ.II mlvt;lupJ IU: JCJ I I V I V-OJO�,-TO! V-�V VV-I,VLGC4MV IMl.rl.i
the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any 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
Apprenticeshio agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(;) i rainees. E;:cept as provided in 29 CFR 5.16, trainees will not be permitted to work at
ies� than the predetermined rate for the work performed unless they are employed
pursuan to a; ,'_+ individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
I ra'ning Adininistration. The ratio of trainees to journeymen on the job site shall not be
greater roan per t;itted under the plan approved by the Employment and Training
Administraiion. I --very trainee must be paid at not less than the rate specified in the
approved progi-arn for the trainee's level of progress, expressed as a percentage of the
Journeyman houriv rate specified in the applicable wage determination. Trainees shall be
paiC fringe berie;i,:s in accordance with the provisions of the trainee program. If the trainee
l-rugram aces not mention fringe benefits, trainees shall be paid the full amount of fringe
bens) —its iisied or-, the wage determination uniess the Administrator of the Wage and Hour
Division ete�;Y:ines tha there is an apprenticeship program associated with the
co,respor,d;rg � ,rneyman wage rate on the wage determination that provides for less
;ar+ fuli f, nge . r;efits for apprentices. Any employee listed on the payroll at a trainee
rate that is no_ r ..,gistered and. participating in a training plan approved by the Employment
a:-,-d Training shall be paid not less than the applicable wage rate on the
���age det�errr)ira_ior; for the classification of work actually performed. In addition, any
iry iriee per fore :r work on the job site in excess of the ratio permitted under the
registered p,-og, � rr; shall oe paid not less than the applicable wage rate on the wage
oe_errnlnaaiol fir _ile work actually performed. In the event the Employment and Training
, ,drninistr ,tio.r hdraws approval of a training program, the Contractor will no longer be
oer:nit,e tJ r,;i e Trainees at less than the applicable predetermined rate for the work
peOrmed Lill acceptable program is approved.
I I\ E uai Gpportuniiy. The utilization of apprentices, trainees, and
jcurr;eymen u'l-1-"ti pis part shall be in conformity with the equal employment opportunity
FY' ; ec Fu,�e Erg Iltan_ Service Agreement, Short Form Total Fee (11-2022)
rx'h;. Dii r7
Page 10 of 21
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requirements cf, Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach ofthe ie 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 Ccncerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject
to tine genera; 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 ur Eligibility.
(i) By entering into 'this contract, the Contractor certifies that neither it (nor he or she)
nor any persQ,-! or 'firm who has an interest in the Contractor's firm is a person or firm
ineligible tc be e.warded Government contracts by virtue of section 3(a) of the Davis -
Bacon fact or 29 'FR 5.12(a)(1).
(ii) No part oF :his contract shall be subcontracted to any person or firm ineligible for
;ward of a 'S'O ernment contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.1_=(a,)(1)
(iii The penai v :or making faise statements is prescribed in the U.S. Criminal Code, 18
6 S C 100 1 .
pt _ ENER _,,! C'ONSIERV ,TION REQUIREMENTS
Contractor ante. Subcontractor agree to comply with mandatory standards and policies
ralating tc en&-,-1 % of ,ciency as contained in the state energy conservation plan issued in
con,pliai ice with =_he Energy Policy and Conservation Act (42 USC 6201 et seq.).
r,i! contracts a,ic s�.ibcontrams that result from this solicitation incorporate by reference
.Ii-IG Dr0visic1r,JJ �_j. %J -FIR part 201, the rederal Fair Labor Standards Act (FLSA), with the
GI ^Iv forca e fect as if given in full text. The FLSA sets minimum wage, overtime pay,
cord -, il'� ;ab,;l- standards for full and part-time workers.
Pr Fec Fungi' F.)S,. ens l_a t Service Y,,greenent, Short Form Total Fee (11-2022)
I_:"Nhit C
Page 11 of 21
UVI:UoIIJ.II CI IvClupJ_ IU. JCJ I IV IU-:JE:)- •-ial l.-OVVV-I.UGL C'-FHU IHl.rl.r
T'.1e cc tractor : s furl responsibility to monitor compliance to the referenced statute or
regulation. The :contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor — Wage and Hour Division.
II. PROVISION APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $10,000 AND GREATER
A. TERMINATION OF CONTRACT
1. The Sponsor may, by written notice, terminate this contract in whole or in part at
any time, either for the Sponsor's convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services must be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress,
delivered to the Sponsor.
2. If the termination is for the convenience of the Sponsor, an equitable adjustment
in the contract price will be made, but no amount will be allowed for anticipated
profit on unperformed services.
3. if the termination is due to failure to fulfill the contractor's obligations, the Sponsor
may Make over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor is liable to the Sponsor for any additional
cost occasioned to the Sponsor thereby.
4. ir", after notice of termination for failure to fulfill contract obligations, it is determined
that the cone; actor had not so failed, the termination will be deemed to have been
effected for the convenience of the Sponsor. In such event, adjustment in the
contract price will be made as provided in paragraph 2 of this clause.
5. The rights and remedies of the sponsor provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
B. AFFIRMA7111VE ACTION
Minclr4y Part;Mi radon. Sponsors are required to set goals for minority participation in
FLIP funded projects exceeding $10,000. The goals for minority participation derive from
Economic A: -ea (-A) and Siai;ucrd Metropolitan Statistical Area (SMSA) as established
in Volume -f Federa' Register dated 10/3/80. Page 65984 contains a table of all
EAs and SMSAs and the associated minority participation goals.
To find the for minority participation, a sponsor must either refer to the Federal
Regicter Notice.:_ to the Department of Labor online document, "Participation Goals for
Minoritiecz End E= s and SMSAs span state boundaries. A sponsor may have
to refer tc en"I as for adjacent states in order to locate the goal for the project location.
Female Part�,I^ na`ion. Executive Order 11246 has set a goal of 6.9% nationally for
female participation {or a'I cor;struction projects. This value remains constant for all
COJntiGS 3r`d. Sf3l-es.
CLAUSE
Durirq the -Derfc, rrance of this contract, the Contractor agrees as follows:
(1) Tlmc Contractor will not discriminate against any employee or applicant for
employr,7� )nt because of race, color, religion, sex, or national origin. The
FYI-S Fed Funa Eng, Consultant Service Agreement, Short Form Total Fee (11-2022)
L :rl'D{t DJ
Page 12 of 21
L/UUU,Dl II CI IV CI UJJC IV. JCJ I I I V-ODC--=r0( li-DVVV-I..VLL C'+HV IHI.I.�
Cont. ac .b�ril! take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color; el:li Jion, sex, sexual orientation, gender identify, or national origin. Such
action small include, but not be limited to, the following: employment, upgrading,
demotion,, or transfer-, recruitment or recruitment advertising; layoff, or
tei-miria iun, rates of pay or other forms of compensation; and selection for
-hailing, ::-ic,uciing apprenticeship. The Contractor agrees to post in conspicuous
places, a.,aiiabie to employees and applicants for employment, notices to be
provides: getting forth the provisions of this nondiscrimination clause.
(2) Ti_ke Contractor will, in all solicitations or advertisements for employees
placed by or on 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) Tne. Contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Contractor's commitments under this section and shall
post copies of the notice in 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 ti pis 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
federaiiy assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanmlons may be imposed and remedies invoked as provided in Executive Order
1124-6 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
-'i-he Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcon`ract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
1124 of September 24, 1965, so that such provisions will be binding upon each
subcon:r �tor or vendor. The Contractor will take such action with respect to any
or purchase order as the administering agency may direct as a
means o,' enforcing such provisions, including sanctions for noncompliance:
Provide,., however, that in the event a contractor becomes involved in, or is
FYI-S Fed Fund Ens,, Cr,rs I,an: Service Agreement, Short Form Total Fee (11-2022)
Exhibit G
Page 13 of 21
VUOUJII`J. II CI IVCI UF/C IU. JCJ I I I l -000U-I L. I::-FMV
_hrc-G wvitl., litigation with a subcontractor or vendor as a result of such
directicl: by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
D. STA ,':.D FEDE:=,:..L EQUAL EMPLOYMENT OPPORTUNITY
CTIONI CO%ITRA.CT SPECIFICATIONS
1. As used in �Lhase Specifications:
a. as-ca" means the geographical area described in the solicitation from
whici
b. "^i Di-ector, Office of Federal Contract Compliance Programs
(OFCCP), ',J.S. Department of Labor, or any person to whom the Director delegates
authf_-)r1�y:
c. "�! ��pio,,/o Identificatioi r Inum.ber" r� jeans the Federal social security number used
on le Ouar,a-ly Federal Tax Return, U.S. Treasury Department Form
941;
d. "Minority" includes:
(t) Black ;all persons having origins in any of the Black African racial groups not
of Hispanic origin);
(2) Hispanic (ali 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 $'I G,GGG 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 suLconiractcr participating in an approved plan is individually required to
comply with iiLs obligations under the EEO clause and to make a good faith effort to
achieve each ooai under the Plan in each trade in which it has employees. The overall
goon fait;-i perffe-n—jance 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 faiti`i effori ro achieve the Man goals and timetables.
4. The Contr�;ctoi shall implement the specific affirmative action standards provided in
paragraphs Ta -_i-irough 7p of these specifications. The goals set forth in the solicitation
f�orn which contract resulted are expressed as percentages of the total hours of
FYI-S Fed Fund Eno,'. C:�SLQEN Service Agreement, Short Form Total Fee (11-2022)
Fxhb,i`L- D
Pane 14 of 21
UUI:UolyII CI IVC_JupC IU. oco 1 IU I U-OVUV-1�VGL C'i/1V IMI..I�
employme it G: training of minority and female utilization the Contractor should
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 shal! apply the minority and female goals established for the geographical area
where me wore: is being performed. Goals are published periodically in the Federal
Register in oc)"lic.e form, and such notices may be obtained from any Office of Federal
Contract Corn piiarice Programs office or from Federal procurement contracting officers.
i'ne Contrac-Co:, expected to make substantially uniform progress in meeting its goals in
eac;, craf( '1Jri the period specified.
5. ileit 'e.r tale p>-),✓isions of any collective bargaining agreement nor the failure by a union
�nnt'r whore the �.untracior nas a collective bargaining agreement to refer either minorities
or wurnen s��a, e cikse the Contractor's obligations under these specifications, Executive
Cruer 'k 'i 24n, e„ the tegull,ations promulgated pursuant thereto.
r1--n-working training hours of apprentices and trainees to be counted
ii-, ::.a s; such uDprentices and trainees shall be employed by the Contractor
period and the Contractor shall have made a commitment to employ
t',-�e �apprenLice i�d .r in:ees at the completion of their training, subject to the availability
of einplo V-rrier, ' "Trainees shall be trained pursuant to training programs
approved h v e _..S. Departr, gent of tabor.
7. i he Contr tutor shall take specific affirmative actions to ensure equal employment
o.pportuniLy. The evaluation of the Contractor's compliance with these specifications shall
be IbEsed upon: its effort to achieve maximum results from its actions. The Contractor shall
coc rnent 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 ail sites, and in all facilities at which the Contractor's employees are
assigned to work. The Contractor, where possible, will assign two or more women
to each construction project. The Contractor shall specifically ensure that all
foremen, superintendents, and other onsite supervisory personnel are aware of and
carry out the Contractor's obligation to maintain such a working environment, with
specific atterition to minority or female individuals working at such sites or in such
-iaciiities.
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 i.emale off -the -street applicant and minority or female referral from a
anion, a recruitment source, or community organization and of what action was taken
with respect io each such individual. If such individual was sent to the union hiring
i iail for referral and was not referred back to the Contractor by the union or, if
I-eferred, not employed by the Contractor, this shall be documented in the file with
-I:r.e reason t! ,e!-efore along with whatever additional actions the Contractor may have
�_aken.
�. Provide irr,mediate written notification to the Director when the union or unions
FYI-S -ed Fard Eng. Cor,s.l'ant Service Agreement, Short Form Total Fee (11-2022)
Exhio'lt D
Page 15 of 21
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,Ath vv` ic'- Ccntracter has a collective bargaining agreement has not referred to
-the Contractor a minority person or female sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs
for the area wrricn expressiy include minorities and women, including upgrading
grog -arns I ,i apprenticeship and trainee programs relevant to the Contractor's
�reiployn-,en : needs, especially those programs funded or approved by the
Deparariem of Labor. Tne Contractor shall provide notice of these programs to the
s,ou ces '.led :! -)der 7) above.
DiSse °'"^fie the Contractor's EEO policy by providing notice of the policy to
n;f r�s 'at,,c. . 2,in ng programs and requesting their cooperation in assisting the
ieeting its 'EEO obligations; by including it in any policy manual and
i.�g agreement; by publicizing it in the company newspaper, annual
r;o:t e;,l .. _jeci;ic reviewi of the policy with all management personnel and with
N r J or'_y ferrule employees at !east once a year; and by posting the company
-G pc :c� b_f!':edrl boards accessible to all employees at each location where
�nori< Is penormed.
.�,e:h . .I: eaa ann� ally, the company's EEO policy and affirmative action
ill a"":i_- _ :(._fer Oese specifications with all employees having any responsibility
;ayeti`. Termination, or other employment decisions, including
e ific i" , or these items, with onsite supervisory personnel such
.iF , t; ryenera Foremen, etc., prior to the initiation of construction work at
9n. record shall be made and maintained identifying the time and
r;eetingS, persons attending, subject matter discussed, and
disposition of the subject matter.
Dissemin` -- the Contractor's EEO policy externally by including it in any
advertising i!"': the news media, specifically including minority and female news
-:ecia, n ,oviding written notification to and discussing the Contractor's EEO
;;!!icy with o:r:er contractors and subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct is 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
ecruitrnent area and employment needs. Not later than one month prior to the date
ror 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 acid 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.
�. Validaie ik tests and other selection requirements where there is an obligation
'-o do so undar Z 1 Cr=R part 60-3.
C,,Onduct, ?t least annually, an inventory and evaluation at least of all minority and
FYI-S ced Funs' F,,g. ConsL�tant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 16 of 21
VUI:UJIIJ.II MIVUIUpt1 IV. JCJ I I I V-OJC4--FO!IMv.I'
:`en:a!e pe sc- ei, for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
n. Ensure 6-at seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel ahod employment related activities to ensure that the EEO policy and the
Contractor's obligations under these specifications are being carried out.
rr_ Ensure aii facilities and company activities are non -segregated except that
separate or single user toilet and necessary changing facilities shall be provided to
assure privGly between the sexes.
• ,M� and mmaintain a record of all solicitations of offers for subcontracts from
ninoril:y ran + _.!"r ale construction contractors and suppliers, including circulation of
minority ano female contractor associations and other business
SG�iat rJi ,c
Con +_Icy: review; at least annually, of all supervisor's adherence to and
C.;orrtracor's EEO policies and affirmative action obligations.
8. =,cal_+raged to participate in voluntary associations, which assist in
fulfi ;inc c:re /:ore of their affirmative action obligations (7a through 7p). The efforts
of a cei,"tradLo ::..4s� }ciaticn, joint contractor union, contractor community, or other similar
grog ios cf r.ontra(-_�:or �s a member and participant may be asserted as fulfilling
any one its obligations under 7a through 7p of these specifications provided
that `G+ci:ive6l pamcipates in the group, makes every effort to assure that
the impact on the employment of minorities and women in the
r ':[t 2,ne concrete benefits of the program are reflected in the
ai_10 tomato workiurce participation, makes a good faith effort to
rnee., : rnd 1_irnetabies, and can provide access to documentation
whi,_.r 6e:,.-!orS-.I s Lhe eTtecti�,eness of actions taken on behalf of the Contractor. The
! mifever, is the Contractor's and failure of such a group to fulfill an
ooil_laaor: i` r,e a Defense for the il,ontractor's noncompliance.
9. s n` ca cr rr ii,oMies and a separate single goal for women have been
estc,l lip ec'. C,:jroractor, i-;owever, is required to provide equal employment
op*oortunity ano to take affirmative action for all minority groups, both male and female,
and all womer), 1 to minority and non -minority. Consequently, if the particular group is
employed in a si-ostaniially disparate manner (for example, even though the Contractor
has :ac sieveC i;: goals for women generally), the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized.
10.T he Contractor snail 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.- he Contractor shall not enter into any subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
12.T he Contractor snail carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing.
OF SEGREGATED FACILITIES
(a) The Con,, -actor agrees that it does not and will not maintain or provide for its
err-,ployees any segregated facilities at any of its establishments, and that it does not
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit C`
Page 17 of 21
LJUL;U,D1y II CI IVCIUjJC I: . JGJ I I IL -0004-"0/ l-DUUU-IIVLGF-: Fi LI IMli l..
ard will not Per::�,it its 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 rooi-ns and wash rooms, restaurants and other eating areas, time clocks,
iocker rooms and other- storage or dressing areas, parking lots, drinking fountains,
recreation or enartainmeni areas, transportation, and housing facilities provided for
ernplovees i'r;c:' "-re segregated by explicit directive or are in fact segregated on the basis
&i race, color, r e-ligion, sex, or national origin because of written or oral policies or
employee cus;!Dr . The terra does not include separate or single -user rest rooms or
necessary dresso-,a or sleeping areas provided to assure privacy between the sexes.
(c) The Conti ai L'or shall include this clause in every subcontract and purchase order
t a, is subjec :o -r:e Equal Employment Opportunity clause of this contract.
f . r:��(�;'. "..c: .Nl i m`ii OF RECOVERED MATERIALS
:;t,.hcontractor agree to comply with Section 6002 of the Solid Waste
is,o ✓;�.', -._ rnendec; by ti.e Resource Conservation and Recovery Act, and the
rsguia;ory ;C rcV:S;Cf- c Q "FR 1:'art 247. In the performance of this contract and to the
- , �. _ t
hLera t�.'� .,,.. Cci'_ �:na . L_�cntac_ors are to use products containing the
i �ie,l est f ercer;' =:ce of recovered materials for items designated by the Environmental
`_-PA) under 40 CFR Fart 247 whenever:
h f $10,000 or more of a designated
, ._:c l-,_"act re ulres procuren-�ent o
rr .jui,Ii_g tree fiscal year; or
ctcc has procures; $1, 000 or more of a designated item
i _;i.. erierai I ding during the previous fiscal year.
T : le list cf ` c =led ite,-,s is avail-bi-La at
reher:sive- procurement -guidelines -construction-
iJn i G=. _,ii�,�� s e;:ceptions tc the preference for recovery of EPA-
cies;�:�a,ted tcontractor can demonstrate the item is:
a.vai :bie within a timeframe providing for compliance with
�e �c! ��: ci per;orrriance schedule-
')a
Peet i,easona ie contract performance requirements; or
Ja!-le; a' Wn _,.nreasonabie price.
? _ PR-.;6!0Ni APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $25,000 AND GREATER
:- CER-1 1r_ , '-IONS REGARDING DEBARMENT AND SUSPENSION
i. CEO I cF Ci ± ` R'EOARD!NG DEBARMENT AND SUSPENSION (BIDDER
OR OFF Ez R0 R)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that
at the til ne ilie uidder or ofiieror submits its proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from
participation in; this transaction.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 18 of 21
Uuuuoly II CIIvtz:lu tC IV. JCJ 1 I V I V-000' -'-FOI lJ-CVVV-I�VLL C'F/YV IMI�I�
2. ATION REGARDING DEBARMENT AND SUSPENSION
CERT!F'C
(SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
The successful bidder, by administering each lowertier subcontract that exceeds $25,000
as a "cova=red ransaction", must verify each lower tier participant of a "covered
transaction" the project is not presently debarred or otherwise disqualified from
participation in _ .is federally assisted project. The successful bidder will accomplish this
by:
1. Checkin _, the System for Award !Management at website: http://www.sam.gov
2. CoIIectil,g a certification statement similar to the Certificate Regarding
DebaVrn- nt end S Ispension (Bidder or Offeror), above.
3. Insertirc, a clause or condition in the covered transaction with the lower tier
0.
r.o liirC%�_
If the.' lower tier N._arti6pant failed to tell a higher tier that it was
excludes' i c _ ul.'ed at t'�,e time it en{.ered the covered transaction, the FAA may
'ursue any �.vaii-3Lle remedy, including suspension and debarment.
h4,^. PRO1,7ISION'S APPLICABLE TO PROFESSIONAL SERVICES
CO1,11T ACTS 11;t100,000 AND GREATER
A. LOPBwyI`F --,, AND- ARIFI. UENCING FEDERAL EMPLOYEES
The bidd:;l" ;.ar - eror cartifies signing and submitting this contract, to the best of his or
her knowledge ana belief t^ct:
N �. _'�. i app-o;^.,rated funds ;have been paid or will be paid, by or on behalf
`."the Lids r _. f :-cr, t3 ::,ny pIf, rson for inf!uencirg cr attempting to influence an officer or
&—,,)!oyea of a; envy, a Member of Congress, an officer or employee of Congress, or an
employee: cf =m;ber of Congress in connection with the awarding of any Federal
corirGc, of ally 'F.mderal grant, the making of any Federal loan, the entering
of any vG a_,r� r„a lt, ana the extei ISIOn, continuation, renewal, amendment,
c :, ulo,ti Dray=::Jjrul ccnuaCt, grant, loan, or cooperative agreement.
�, if ar:1, ; _li?Cl c1. 'r err:En Federal appropriated funds have been paid or will be
h�i� to afr; or attempting to influence an officer or employee of any
nency, Crm7gre-- an office, or employee of Congress, or an employee of
;ss 'n tior. ^iith this Federal contract, grant, loan, or
C, IerafiJe; ;:;e:nt, tha undersigned shall complete and submit Standard Form-LLL,
-Asclosure, __ r e �o+ Lo;�oying,' irl a:;ccrdance with its instructions.
-'-hi- certific..-i-6-i I is a material representation of fact upon which reliance was placed when
t�ls r rs c.if:. :s Macle or entered into. S.!bmission of this certification is a
prerequisite -tor making or emerina into this transaction imposed by section 1352, title 31,
U-S. Code. Ary pe:-son who fails to file the required certification shall be subject to a civil
ps;-ial-ty of not lass than $10,000 and not more than $100,000 for each such failure.
: ` ` � •; CIF CONTRACT TERMS
Any violation or i,reach of terms of this contract on the part of the contractor or their
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 19 of 21
VVI:U01YII CIIVCIUpIU. Jco I IV IU-00o] -f0! ll-O VVV-I,VLL C'+/-1V IMI.I�
suhco; ,tractors ,ay 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 contract. The
duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
(';tN/ riill rde contractor w-i`ten notice that describes the nature of the breach and
corrective actic-s, the contractor must undertake in order to avoid termination of the
cortract. Cite reserves the right to withhold payments to contractor until such time the
Cor;tractcr corrects 'he breach or the City elects to terminate the contract. The City's
I dJill.,G v✓i ; iden�i7 & specific date by which the contractor must correct the breach. Owner
F;,sy proceeca ienTlination of the contract if the contractor fails to correct the breach
by '; i2 dea line indicated in tiie City's notice.
T he duties and chli rations imposed by the Contract Documents and the rights and
=2dies thereunde, are in addition to, and not a limitation of, any duties,
; :._;, : �.1� ' rer. e .Ies o,`her✓✓ise imposed or available by law.
AND VVATEER POLLUTION CONTROL
....c. ;" .Irh. r v:.JcD'nLa: tors agree.
-rrat an ! facility to be used in the performance of the contractor subcontract
o:^ _o benefir froM, 'he contract is not listed on the Environmental Protection Agency (EPA)
ist of "11oia:-1�c _ies;
_. crrlpiy wi�ri Gil the requirements of Section 114 of the Clean Air Act, as
amended, 42 1857 et Seq. and Section 308 of the Federal Water Pollution Control
-_:: as r ,t r.� ._ � , 3: j.S.C. ; 251 st seq. relating to inspection, monitoring, entry, reports,
as air other requirements specified in Section 114 and Section
308 of the,Acts, rnsoectively, and all other regulations and guidelines issued thereunder;
as condition the award of this contract, the contractor or
iity b.e Gv, :�rdi,ic official of the receipt of any communication from the
ce ,_used for the performance of or benefit from the contract
i t!,n�ei c.o:_Qi:.r- _i^n to be listed on the EPA List of Violating Facilities;
�c or causa to '�e included in any construction contract or
� ; 5,'),000 th:e aforementioned criteria and requirements.
S A ND S;-,,�y�`T�' S a�.bdDl�lr�®S ACT
r
cci-::: ,..; :r subcontractor contracting for any part of the contract work which
i; i jclve. the 2ir,piuyn iel-IL of laborers or mechanics shall require or
'Gi-or or mechanic, including watchmen and guards, in any
r:'; ,' '- 7:r sr;e is employed on such work to work in excess of forty
..mess st: l ::borer or mechanic receives compensation
_., ; -as ; ia; o�;e and one-half times the basic rate of pay for all hours
O'r for ;� 1-iours in such workweek.
FYI-S Fed ':Fund Ing, --nsu,tant Se rv'.ce Agreement, Short Form Total Fee (11-2022)
Exhibit 0
Page 20 of 21
VUUUO1 1I CIIVCIUYU IU. JCJ I IV IU-OJD4--+O/l..-DVVV-I..VGG C4HU IHIJ IJ
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the Unil—I States (in the case of work done under contract for the District of
Columbia or a territory, to such District orto 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 ciause set forth in paragraph 1 above, in the sum of $10 for each calendar
aay on vvhich such individuai was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required
by the cause set forth in paragraph 'i above.
V1'i_hholding for Unpaid Wages and Liquidated Damages.
The FE:�era; ,'-;-viation Administration or the Sponsor shall upon its own action or upon
written c 'h are authorized representative of the Department of Labor withhold or
cause so be wii'idh�ld, frorn any monies payable on account of work performed by the
contrac+or or s,_:hcon.tractcr sander any such contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract subject to the
Contract Vvork Hers and Safety Standards Act, which is held by the same prime
contractor, such surns as may be determined to be necessary to satisfy any liabilities of
such contracto or, subcontractor for unpaid wages and liquidated damages as provided
in the clauses iortn in paragraph 2 above.
The car ti :mac ar su'�-'contrac�or si poll insert in any subcontracts the clauses set forth in
paragrapr is 1 trougr 4 and also a clause requiring the subcontractor to include these
clauses In any �cwer tier subcontracts. The prime contractor shall be responsible for
compli� I ice b,,, e:,;-,,, subcontractor or lower tier subcontractor with the clauses set forth
in parag1raphs 'ii 1, ough 4 of this section.
FYI-S Fed Fund F-nc. Gr�sultunt Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 21 of 21
VUVU01 II GI IvtnuyC IV. JGJ 1 I IU-OJU4"FO/ll-�JV VV-IiVGGC VHU IHI..IJ
Attachment A: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR TOTAL FACILITY
(Buildings such as Terminal, SRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit This certiication statement with their proposal. The bidder or offeror must indicate
how they intend to complywith 4.9 USC § 50101 by selecting one of the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (i.e. not both) by inserting a checkmark (✓) or the letter "X".
Pidds� _,r c-i'llleror hereby certifies that it will comply with 49 USC. 50101 by:
a) Cnl y installing steel and manufactured products produced in the United
aae�; or
b) Installing manufactured products for which the FAA has issued a waiver
as indicated by inclusion on the current FAA Nationwide Buy American
,j aivers issued listing; or
c) ii (stalling products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting .Luis cerl,,ification statement, the bidder or offeror agrees:
1. To Drovide to the Owner evidence that documents the source and
origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. TD refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
deterrnines justified.
® The bidder or offeror hereby certifies it cannot comply with the 100% Buy
Arerican Preferences of 49 USC § 50101 (a) but may qualify for either a Type
3 or v pe 4 waiver under 49 USC § 50101(b). By selecting this certification
staters en-L, the apparent bidder or offeror with the apparent low bid agrees:
i:�,e sub-; it to the Owner within 15 calendar days of the bid opening,
Tcrr!-1a1 ,q aiver request and required documentation that support the
e c, %n,a;!ver tieing requested.
?. EJ,at I'ailurc to submit the required documentation within the specified
,:imeframe is cause for a non -responsive determination may results in
&J'ection of t1he proposal.
3. To taitrriu1iy comply with providing US domestic products at or above the
proven 'US aornestic content percentage as approved by the FAA.
rurnish JS domestic product for any waiver request that the FAA rejects.
5. °) refrain from seeking a waiver request after establishment of the
cz„;it�.ct; unless extenuating circumstances emerge that the FAA
Reauired
Type 3 Waive 7`-,s c:�s': c; col; ponents and subcomponents produced in the United
States is mere _ //1c, cost of all components and subcomponents of the "facility".
FYI-S Fed Fund Eng. c:. ant Service graement, Short Form Total Fee (11-2022)
hi` D - i - = 1
Pa,e 1 of 2
LJUUU,D1y II CIIVCIUFIC IU. JCJ I I I U-0J04-10I U-000U-I ULGC'+tA' IF1l.rl.r
The required documentation for a type 3 waiver is:
a) Listing of all manufactured products that are not comprised of 100% US
domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal
Acquisition Regulation Subpart 25.108; products of unknown origin must be
considered as non -domestic products in their entirety)
b) Cost of non -domestic components and subcomponents, excluding labor
costs associated with final assembly and installation at project location.
c) Percentage of non -domestic component and subcomponent cost as
compared to total "facility" component and subcomponent costs, excluding
labor costs associated with final assembly and installation at project
1oca0on.
Type 4 Wai,_,c -- Total cost of project using US domestic source product exceeds the
total project cc;s` u_Ising non-dcrnestic product by 25%. The required documentation for
a type 4 of wE,Jver is:
a) Ce:a,'Iad cost information for total project using US domestic product
b) Detailed cost information for total project using non -domestic product
Vaise Per 49 USC g 47126, this certification concerns a matter within the
jurisdiction c i Faderai Aviation Administration and the making of a false, fictitious
or fraudulen. c,= -`i{:cation may render the maker subject to prosecution under Title 18,
United States C-)de.
Date
Comp: ny N1 , �a
Signature
Title
FYI-S Fed Fund Eng, Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D —Attachment A
Page 2 of 2
VVUUJIIJ.II CIIVCIuptC IV. JCJ I IV I V-OJO�-tiGlll-�VVV-I..VGLC'-FMV IM'�U
f'P :�'� raerat B: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR MANUFACTURED PRODUCTS
(Non -building construction projects, equipment acquisition projects)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one on the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (not both) by inserting a checkmark (✓) or the letter "X".
0 Bidder cr offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) installing steel and manufactured products produced in the United
Sta�[as, or;
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing, or;
c) installing products listed as an Excepted Article, Material or Supply in
Feoeral Acquisition Regulation Subpart 25.108.
By ss'ecti.r',g this certification statement, the bidder or offeror agrees:
1. To crovide to the Owner evidence that documents the source and origin of
:ire steel and manufactured product.
2. To raithfuily comply with providing US domestic product
3. Yn t` Ire°Sh US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract,
i :ss extei,uating circumstances emerge that the FAA determines
1
The 'r_ ic' er :)r orfe:.-or "ereby certifies it cannot comply with the 100% Buy
Americ n Prefsrences of 49 USC § 50101 (a) but may qualify for either a Type
3 or 4 v,,a A'sr under 49 USC § 50101(b). By selecting this certification
state- � .: !�, ;e apparent bidder or offeror with the apparent low bid agrees:
To the sl_ rmit to the Owner within. 15 calendar days of the bid opening, a formal
w,-:.JveY required documentation that support the type of waiver being
i. railure to submit the required documentation within the specified
cruse for a non-respor:sive determination may result in
r �_.�;t;-n of hl� prej--osal.
thfully comply with providing US domestic products at or above the
:., _: -c ✓, d US domestic content percentage as approved by the FAA.
3. :---frain from seeking a waiver request after establishment of the contract,
s �axtenuating circumstances emerge that the FAA determines
FYI-S Fed FL nd En;j, Service. Agreemient, Short Form Total Fee (11-2022)
Exhibit D —A�,ac a
Page 1 of 2
UUUU,Dl I I GI IV CIupI IIJ. JCJ I I V I Ll- . C /
Required D,f
Type 3 t,i uof;. -! ie cost of the item components and subcomponents produced in the
United Siates is r-- rE. that 50% of the cost of all components and subcomponents of the
"item". The required documentation for a type 3 waiver is:
Ci product components and subcomponents that are not
���! �� 1 �0% US domestic content (Excludes products listed on the
. I �, � ,
,Iation,.,vide Buy American Waivers Issued listing and products
excluded by Federal Acquisition Regulation Subpart 25.108-1 products of
unknown origin must be considered as non -domestic products in their
entity)
b) Cost of non-dorr,estic components and subcomponents, excluding labor
co_,s associated with final assembly at place of manufacture.
c) Percentage of non -domestic component and subcomponent cost as
com,lared to total "item" component and subcomponent costs, excluding
labor costs associated with final assembly at place of manufacture.
Type 4 Ara -,,� : -- -Mal cost of project using US domestic source product exceeds the
total protect _-.ost using ;ing non -domestic product by 25%. The required documentation for
a type 4 of is:
a) cost inlorrr ia'Jon for total project using US domestic product
b) ngtailed cost informa#ion for ',eta[ project using non -domestic product
False i= er 49 USC g 47128, this certification concerns a matter within the
junsaiciicn ,deral Aviation Administration and the making of a false, fictitious
or frauduler � n may render the maker subject to prosecution under Title 18,
United S_atce
Date _ Signature
Title
FYI-S Fed Fund Eng: Consultant Service Agreement, Short Form Total Fee (11-2022)
EXhi�It C—AttachFt 3
Page 2 of 2