HomeMy WebLinkAboutMoore Twining Associates, Inc - Consultant Agreement - 3-8-2023DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective
3/8/2023 by and between the CITY OF FRESNO, a California
municipal corporation (City), and MOORE TWINING ASSOCIATES, INC., A California
Corporation (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional quality assurance testing and
inspection services for The FAT New Terminal Expansion (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Geotechnical Engineer 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 October 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 1223 consecutive calendar days from such
authorization to proceed.
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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 $777,667. 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 Ma'eure.
(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
(i) exercise any right, remedy (in contract, law or equity), or privilege which
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may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Director's request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Director of the cessation of such occurrence.
5. Confidential Information Ownership of Documents and CopVright 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, hold harmless and defend
the City and each of its officers, officials, employees, agents, and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death
at any time and property damage), and from any and all claims, demands and
actions in law or equity (including reasonable attorney's fees, and litigation
expenses and cost to enforce this Agreement) that arise out of, pertain to, or relate
to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A -VI I" in the
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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
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
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insured status as broad as that contained in ISO Form CG 20 10 11 85.
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.
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(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies), or is 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 (i) above and the ongoing maintenance thereof.
11. General Terms and Federal Assurances.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Director or designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
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Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) The City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal assurances identified in Exhibit
D and require that each subcontract include the same assurances by each
of its subcontractors.
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
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regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or 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-
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employee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
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 at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
1 & 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
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interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headin s. 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. Severabiiity. 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. Attorneys Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence ❑� Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
29. 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
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
-11-
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
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)
-12-
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresrro,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
DocuS,gned by:
3/6/2023
By:
EA
Henry ompson, 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.
06006gne4 by:
By: ��Gamx -
f `Mr za
Capital Development Specialist
Airports Department
} ,@❑ BY:
rl;Efavi�, Airport Planning Manager
Airports Department
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
3/8/2023
By: fi" yb -
6,:•;1366620964E3
Deputy
MOORE TWINING ASSOCIATES, INC.,
A California Corporation
In
Name: Harry D. Moore, RGE. RCE
Title: President
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By.
Name: Ruth Moore
Title: Secretary / Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: C 35147
Name: Harry D. Moore, RGE, RCE
Date of Issuance: 1982
Addresses: CONSULTANT:
CITY: Moore Twining Associates, Inc.
City of Fresno Attention: Zachary Peacock, EIT,
Attention: Jarred Garza, Assistant Manager, Cl Division
Capital Development Specialist 2527 Fresno St.
Fresno, CA 93720 Fresno, CA 93721
Phone: (559) 621-4527 Phone: (559) 268-7021 ext. 283
E-mail: jarred.garza@fresno.gov E-mail: ZacharyP@mooretwining.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
4. Exhibit D - Assurances
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
-13-
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (Consultant)
The FAT New Terminal Expansion
See attached proposal for Special Inspection and Materials Testing Services
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit A
Page 1 of 1
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA64BA7
OR-S TWINING
February 8, 2023
Mr. Jarred S. Garza
Capital Development Specialist
Fresno Yosemite International Airport, Inc.
4995 E. Clinton Way
Fresno, California 93727-1525
Project: Fresno Yosemite International Airport Terminal Expansion
5175 E. Clinton Way
Fresno, California 93727
Subject: Proposal for Special Inspection and Materials Testing Services
Dear Mr. Garza:
MTP No. 0604-21
We appreciate the opportunity to submit this proposal for special inspection and materials testing services
for the proposed Fresno Yosemite International Airport (FAT) 01 Terminal Expansion project located at
the existing Fresno Yosemite International Airport in Fresno, California. This proposal presents our
understanding and a brief description of the project, our scope of services, our estimated fees, scheduling
details, our assumptions, exclusions, and closing statements.
Moore Twining Associates, Inc. (Moore Twining) performed the geotechnical engineering investigation
for the FAT Terminal Expansion project. Thus, our film thoroughly understands the geotechnical
engineering requirements of the project.
Moore Twining Associates, Inc. (Moore Twining), established in 1898, has provided engineering and
testing services for more than 123 years. Moore Twining is certified as a Disabled Veterans Business
Enterprise (DVBE) by the Office of Small Business & Disabled Veteran Business Enterprise Services
(OSDS). Our DVBE certification number is 16472. Our firm is certified by the State of California
Division of State Architect (DSA), Laboratory Evaluation and Acceptance Program (LEA #065 Fresno,
#200 Sand City, 4201 Sacramento, and #278 Riverside). Our firm is also approved as an inspection agency
by the American Association of State Highway Transportation Officials (AASHTO), the State of
California Department of Transportation (CALTRANS), Cement and Concrete Reference Laboratory
(CCRL), and the City of Los Angeles. Moore Twining also participates in various professional
organizations.
Moore Twining has the qualifications and the experience that are required to provide the materials_testing
and special inspections services for this project.
PROJECT DESCRIPTION
Our understanding of the project was developed based on our review of the following project documents:
➢ Fresno Yosemite International Airport Terminal Expansion plan set Volumes 1, 2, 3, 4 and 5,
prepared by CSHQA Architecture, dated August 11, 2021;
CENTRAL VALLEY CENTRAL COAST NORTHERN CALIFORNIA
2527 Fresno Street 501 Ortiz Avenue 165 Commerce Circle, Suite D
Fresno, CA 93721 Sand City, CA 93955 Sacramento, CA 95815
-- -. - .. _.�... ..-. ..... . 1 nw. nn.. lnen — ten. ne n 1 — n 10 c _.
SOUTHERN CALIFORNIA
It 800 Sterling Avenue, Suite C
Riverside, CA 92503
ncl ono 0011 .OKI QQO 00'7A 17—
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 2
Geotechnical Engineering Investigation Report, prepared by Moore Twining Associates, Inc.,
dated March 18, 2021; and
➢ FAT New Terminal Expansion Overall Schedule, prepared by Q & D Construction, dated August
16, 2021.
This project consists of the constriction of a new airport terminal on the northeast side of the existing
airport terminal building. This includes the constriction of improvements at the existing terminal, as well
as the constriction of three buildings. Site improvements include the construction of Portland cement
concrete (PCC) pavements, asphalt concrete (AC) pavements, and installation of underground utilities.
The buildings are separated into eight (8) areas. The buildings are denoted as areas Al (512 S.F. plan
area), D1 (13,225 S.F. plan area), D2 (6,156 S.F. plan area), G1 (3,550 S.F. plan area), G2 (8,190 S.F.
plan area), G3 (10,400 S.F. plan area), G4 (22,908 S.F. plan area), and G5 (13,104 S.F. plan area). Areas
Al, D1, and D2 consist of the modification and/or extension of existing buildings. Areas G1 through G5
consist of new construction. The new buildings and the new portions of the modified existing buildings
are proposed to be supported on shallow square footings and combined footings, steel framing, and metal
deck roofing. All the lowest level building areas include the use of slabs -on -grade other than building area
G2. Building areas G1, G2, G4 and G5 have two levels. The second -floor level consists of a concrete slab -
on -metal deck.
Site improvements include the construction of roughly 2,150 cubic yards of PCC pavements, of which
950 cubic yards are located at the north end of the saw cut (pavement boundaries) with a thickness of
seven (7) inches and 1,300 cubic yards at the south end of the saw cut (pavement boundaries) with a
thickness of six (6) inches. The AC pavements consist of a new parking lot to be located to the south of
building area G4. This parking lot is to be constructed utilizing three inches of plant mix bituminous
asphalt concrete pavement and requires roughly 470 tons of asphalt concrete. The site will also include
roughly 1,500 linear feet of utilities to be installed and tied into existing utilities.
SCOPE OF SERVICES
The scope of materials testing and inspection services for the project were based on the requirements of
the project plans, geotechnical engineering investigation report, and overall project schedule. It should be
noted that the project specifications were not provided to our firm to prepare this proposal and fee estimate.
In addition, the project schedule provided only noted overall durations of different phases of the project
and did not include a detailed breakdown of the construction activities. Thus, the estimated durations and
tests provided below have been assumed and estimated.
Based on our review of the project documents, our services will consist of the inspection and testing of
earthwork, asphalt concrete (AC) pavement, structural Portland cement concrete, Portland cement
concrete (PCC) pavement, structural rnasomy, structural steel, and architectural special inspections
including spray applied fireproofing, exterior insulation, fire-resistant penetrations, and smoke control
systems. A detailed description of the testing and inspection services that are anticipated for this project
are provided below.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 3
Earthwork
The earthwork anticipated for this project is generally related to the construction of the building pads and
the AC and PCC pavement subgrade preparation, as well as the placement and compaction of utility trench
backfill.
The following are excerpts from the geotechnical engineering investigation report as pertaining to the
required earthwork observations and testing.
All existing surface improvements such as asphalt concrete and Portland cement concrete pavements,
concrete or asphalt concrete paved walkways, underground utilities (i.e., irrigation, water, sewer, electric,
gas, and telecommunications), subsurface structures, associated backfill, existing buildings and their
associated foundations, etc., should be removed entirely and not crushed or buried in place. The resulting
excavations should be cleaned of all loose, organic or disturbed soils, the exposed native soils should be
scarified to a minimum depth of 8 inches then compacted as engineered fill. The excavation should be
backfilled with compacted engineered fill.
Following stripping and removal of existing surface and subsurface improvements, the building pad area
for the terminal expansion, not including the security checkpoint area or the zone of deeper over -
excavation depicted on Drawing No. 3 (of the referenced geotechnical engineering investigation report),
should be over -excavated to a minimum of 36 inches below preconstLuction site grade, to 12 inches below
the bottom of the proposed foundations, to the depth required to remove all undocumented fill soils (if
any), or to at least 12 inches below improvements to be removed, whichever results in the deeper over -
excavation. However, over -excavation will be required to extend to a depth of 10 feet within the limits
shown on Drawing No. 3 in Appendix A (of the referenced geotechnical engineering investigation report)
due to zones of loose soils encountered in the soil borings. The horizontal limits of the over -excavation
will need to extend laterally until competent soils are encountered as determined by Moore Twining based
on visual observations of the over -excavation. The deeper over -excavated area should be benched or
sloped along the edges to an inclination not steeper than 3 Horizontal to 1 Vertical. The over -excavation
should be conducted throughout the entire building pad limits. Slot cutting only below foundations will
not be allowed. The building pad is defined as the area occupied by the building, all foundations (including
any shallow foundations for pedestrian bridges), adjacent sidewalks, and to a minimum horizontal distance
of five (5) feet beyond these areas. The limits of the building pad preparation should be depicted on the
plans.
Following stripping and removal of existing surface and subsurface improvements, the security checkpoint
building pad area should be over -excavated to a minimum of 24 inches below preconstruction site grade,
to 12 inches below the bottom of the proposed foundations, to the depth required to remove all
undocumented fill soils (if any), or to at least 12 inches below improvements to be removed (if any),
whichever is greater. The over- excavation should be conducted throughout the entire building pad limits.
Slot cutting only below foundations will not be allowed. The building pad is defined as the area occupied
by the building, all foundations, adjacent sidewalks, and to a minimum horizontal distance of five (5) feet
beyond these areas, with the exception that the horizontal extent of over -excavation adjacent to the existing
building need only extend to the edge of the existing building foundations which are to remain. The limits
of the building pad preparation should be depicted on the plans.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Ahporl Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 4
Portions of the building improvements are anticipated to be constructed adjacent to existing building
improvements to remain. In these areas, excavations adjacent to existing slabs and foundations could
undermine foundation support and damage the existing structure. The edge of the over -excavation
adjacent to the existing foundations may be sloped at no steeper than 1.5 horizontal to I vertical from the
top of the adjacent foundations to the minimum depth specified above for over -excavation below
foundations. Unsupported excavations shall not be conducted below a 1.5 horizontal to I vertical plane
from the top of existing foundations unless special procedures such as temporary underpinning or shoring
of existing foundations are conducted in order to prepare the building pad areas along the entire perimeter
of the building addition where it abuts the existing building. The Contractor will need to determine the
requirements for shoring, underpinning, etc. based on the project plans and specifications and the
recommendations of this report. The Contractor should also over -excavate to the bottom of new spread
footings planned at the location of the existing perimeter foundations where the expansion area will join
the existing building, if any.
Following stripping and removal of existing surface and subsurface improvements, the proposed elevator
pit areas should be over -excavated to the depth required to remove all undocurnented fill soils (if any), to
at least 12 inches below improvements to be removed (if any), and to the depth required to provide at least
12 inches of compacted engineered fill below the bottom of the elevator pit, whichever is greater. The
over -excavation should be conducted throughout the entire limits of the elevator pit.
Upon approval of the horizontal and vertical limits of over -excavation in building pad areas by Moore
Twining based on the Contractor's survey data and approval of the bottom of the excavation by Moore
Twining, the bottom of the over -excavation should be scarified to a minimum depth of 8 inches, moisture
conditioned to between optimum and three (3) percent above optimum moisture content and compacted
to a minimum of 92 percent of the maximum dry density determined in accordance with ASTM D1557
prior to placement of fill. Any soft or unstable areas identified during compaction of the bottom of the
over -excavation should be removed and compacted as engineered fill.
New foundations planned within the footprint of an existing perimeter building foundation to be removed
(if any) should be prepared by over -excavation to a minimum of 12 inches below the bottom of the new
foundations, or to the depth required to remove all soils which are disturbed from demolition activities,
whichever requires the deeper over -excavation. The limits of the over -excavation below the new
foundations which are located in the footprint of an existing building foundation to be removed need only
extend to the edge of the new foundation.
Moore Twining should observe the bottoms of all areas of over -excavation and observe and conduct in -
place density testing during placement of engineered fill as grading progresses.
Existing pavements in areas to receive the new pavements should be removed and the subgrade soils
prepared in accordance with the project plans and specifications. It is our understanding that the pavement
designs for this project were developed by others, with the exception that Moore Twining was requested
to provide recommended pavement section thicknesses for light vehicle traffic, such as maintenance
vehicles, around the new terminal structure. After stripping and removal of surface and subsurface
improvements, the subgrade soils in areas of Portland cement concrete pavements for light maintenance
vehicles which are not prepared as part of the building pad preparation should be scarified to a minimum
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-2I
Proposal for Special Inspection and Materials Testing
Februa►y 8, 2023 Page 5
depth of 8 inches, moisture conditioned to near optimum and compacted as engineered fill to a minimum
of 95 percent of the maximum dry density determined in accordance with ASTM D1557.
After stripping and removal of surface and subsurface improvements, the subgrade soils in exterior
concrete slab areas which are not prepared as part of the building pad preparation should be scarified to a
minimum depth of 8 inches, moisture conditioned to near optimum and compacted as engineered fill to a
minimum of 92 percent of the maximum dry density determined in accordance with ASTM D1557.
Miscellaneous lightly loaded subsurface stnictures such as screen walls should be supported on a
minimum of 12 inches of engineered fill prepared by over -excavation and compaction. The bottom of the
excavation should be processed by scarification to a minimum depth of 8 inches, moisture conditioned to
near optimum and compacted as engineered fill to a minimum of 95 percent of the maximum dry density
determined in accordance with ASTM D1557, or as specified in the plans and specifications, whichever
is more stringent.
All fill required to bring the site to final grades should be placed as engineered fill. hi addition, all
native soils over -excavated should be compacted as engineered fill.
The moisture content and density of the compacted soils should be maintained until placement of the
aggregate base and construction of pavements, slabs on grade, etc. If soft or unstable soils are
encountered during excavation or compaction operations, our firm should be notified so the soil conditions
can be examined, and additional recommendations provided to address the pliant areas.
Final grading shall produce a subgrade and aggregate base section ready to receive pavement, which is
smooth, planar, and resistant to rutting. The finished subgrade (before aggregate base is placed) shall be
firm and stable under proof rolling from a fully loaded water truck (or other equipment per project
specifications) and the aggregate base shall be firm and stable under proof rolling. If depressions or
excessive deflection occur, the Contractor shall perform remedial grading to achieve this requirement at
no cost to the -Owner. In the event cement treatment or removal and replacement with drier materials is
required to achieve a stable surface, these requirements shall be the responsibility of the Contractor.
On a preliminary basis, if the subgrade soils after compaction exhibit relatively minor yielding/movement
during application of compactive effort or during proofrolling, this condition may be remediated by
chemical treatment for stabilization. On a preliminary basis, the addition of approximately two (2) percent
cement to a depth of 8 inches may be considered to stabilize subgrade soils due to minor yielding. This
recommendation is not intended for use for stabilization of unstable soils due to wet soils conditions, such
as soft, wet areas which exhibit significant yielding under loading during the rainy season, etc. A higher
percentage of chemical and increased treatment depth would be required where areas exhibit significant
instability due to wet conditions. Should wet unstable conditions occur, the actual chemical, depth of
treatment and percent by weight of material to be used will be dependent on the actual conditions which
may be encountered during construction of the project. Alternative methods of bottom stabilization could
also be considered and are subject to review and approval of Moore Twining and the client. If chemical
treatment is conducted, the chemical treatment should be conducted in accordance with the project
specifications, or accepted standards such as the current edition of the California Department of
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Ai►port Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 6
Transportation Standard Specifications for soil -cement to achieve uniform support conditions across the
pavement.
For the terminal expansion, onsite and imported engineered fill soils should be placed in loose lifts
approximately 8 inches thick or less, moisture conditioned to optimum to three (3) percent above optimum
moisture content and compacted to at least 92 percent of the maximum dry density as determined by
ASTM Test Method D 1557, with the exception that fills placed below a depth of 10 feet and the upper 12
inches of subgrade below non -aircraft pavements should be compacted at least 95 percent of the maximum
dry density as determined by ASTM Test Method D 1557. Engineered fill soil for the aircraft pavement
should be placed in loose lifts approximately 8 inches thick, moisture -conditioned within optimum to 3
percent above optimum and compacted in accordance with the requirements of the pavement designer.
Additional lifts should not be placed if the previous lift did not meet the required dry density or if soil
conditions are not stable.
Utility trench backfill should be placed in 8-inch lifts, moisture conditioned and compacted as engineered
fill.
In -place density testing shall be conducted in accordance with ASTM D 1556 (sand cone) or ASTM D6938
(nuclear) methods. Maximum density should be determined in accordance with ASTM D1557. The
frequency of subgrade testing for the aircraft pavement should be in accordance with the requirements of
the pavement designer, or the frequency listed in the table below, whichever is most stringent. In -place
density tests should be conducted at a frequency of at least:
Area
Minimum Test Fre uenc
Building Expansion and Non -Aircraft pavement subgrade,
and Aggregate Base
1 test per 2,500 square feet per compacted lift
Mass Fills or Sub •ade
1 test per 10,000 square feet per com acted lift
Utility Lines
1 test per 200 feet per compacted lift
Aggregate base used below interior slabs -on -grade for the tenninal expansion building should consist of
a non -recycled Class 2 aggregate base. Prior to importing the aggregate base material, the Contractor
should submit documentation demonstrating that the material meets all requirements (i.e., gradation, R-
value, durability, sand equivalent, etc.) for the applicable aggregate base. Documentation should be
provided to the Owner, Design Engineer and Moore Twining prior to delivery of the aggregate base to the
site.
Materials containing recycled asphalt should not be used as fill below structures. If the existing pavement
materials (PCC and AC pavement) are planned to be recycled and used as fill outside of building areas,
this use should be approved by the Owner and applicable environmental consultant, as appropriate.
Recycled materials used as general fill would need to be crushed to a maximum size of 3 inches and
processed to achieve a well graded mixture of approximately 50 percent sand and 50 percent gravel
fractions.
The moisture contents of the footing excavations should be maintained between optimum and three (3)
percent above optimum moisture content by the Contractor until placement of concrete. If the excavations
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 7
are allowed to dry, conditioning and remedial measures should be conducted to establish moisture contents
of at least optimum moisture content.
It is recommended that new concrete slabs -on -grade be supported on a minimum of 4 inches of non -
recycled, Class 2 aggregate base (compacted to a minimum of 95 percent relative compaction) over
subgrade soils prepared in accordance with the recommendations of this report. The compacted onsite
subgrade soils will provide a design modulus of subgrade reaction of 150 pounds per square inch per inch
(psi/in) for proposed interior slab -on -grade. This value may be used in design for transient loading. A
modulus of subgrade reaction of 100 pounds per square foot may be used for static loads applied to the
floor slab. This value is based on a one -foot square plate and thus should be adjusted for the size effects
of the loaded area(s) in design.
The moisture content of the prepared subgrade should be verified to be within optimum to three (3) percent
above optimum moisture content prior to placing the aggregate base section or the vapor retarding
membrane, if used. The moisture content of the upper 12 inches of the subgrade soils should be tested
and confirmed prior to placement of the base section. The moisture in the aggregate base should be
maintained above optimum moisture content prior to placement of the base section, vapor retarding
membrane or slab -on -grade.
Since exterior sidewalks, curbs, etc. are typically constructed at the end of the construction process, the
moisture conditioning conducted during earthwork can revert to natural dry conditions. Placing concrete
walks and finish work over dry or slightly moist subgrade should be avoided. It is recominended that the
general contractor notify Moore Twining to conduct in -place moisture and density tests prior to placing
concrete flatwork. Written test results indicating passing density and moisture tests should be in the
general contractor's possession prior to placing concrete for exterior flatwork.
Trench backfill should be placed in 8-inch lifts, moisture conditioned to within optimum and three (3)
percent above optimum and compacted to a minimum of 95 percent of the maximum dry density, or as
required by the project specifications, whichever is more stringent. The Contractor should use appropriate
equipment and methods to avoid damage to utilities and/or structures during placement and compaction
of the backfill materials. All utility trenches to be located within the West Terminal Ramp pavement area
shall be bacicfilled and compacted in the accordance with the compaction requirements below the asphaltic
concrete pavement noted on the plans and specifications.
Our scope of services includes observation and testing of the construction of the foundations, building pad
and pavement subgrade preparation, as well as the placement and compaction of utility trench backfill.
In -place moisture and density tests will be performed in accordance with ASTM D6938 (nuclear methods).
Samples of the subgrade soils will be tested to evaluate the maximum dry density and optimum moisture
content in accordance with ASTM Test Method D1557.
It has been assumed that imported fill materials will not be required for the project. In addition, it has been
assumed that the Contractor will provide documentation indicating the aggregate base complies with
Caltrans Class 2 requirements. Thus, compliance testing of imported fill and aggregate base has been
excluded from this proposal and fee estimate.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 8
The tasks anticipated for earthwork and the assumed durations are presented in the following table:
Estimated Inspection for Earthwork
Earthwork Cqn>Epnnent
Estimated Trips
Hours ver Trip
Total Hours
PCC Pavement Subgrade and Aggregate Base
20
8
160
AC Pavement Subgrade and Aggregate Base
10
8
80
Utility Trench Backfill
20
6
120
Building Area Al Slab Grade Preparation
2
8
16
Building Area D1 & D2 Building Pad Subgrade
5
8
40
Preparation
Building Area D 1 & D2 Building Pad Aggregate
2
8
16
Base
Building Area G1 Building Pad Subgrade
5
g
40
Preparation
Building Area G1 Building Pad Aggregate Base
2
8
16
Building Area G1 Elevator Pit and Escalator Pits
5
8
40
Building Area G3 Building Pad Subgrade
5
8
40
Preparation
Building Area G3 Building Pad Aggregate Base
2
8
16
Building Area G3 Concrete Pad Subgrade
2
8
16
Preparation at Generators
Building Area G3 Concrete Pad Aggregate Base at
1
8
8
Generators
Building Area G4 Building Pad Subgrade
5
g
40
Preparation
Building Area G4 Building Pad Aggregate Base
2
8
16
Building Area G4 Elevator Pit and Escalator Pits
5
8
40
Building Area G5 Building Pad Subgrade
5
8
40
Preparation
Building Area G5 Building Pad Aggregate Base
2
8
16
Soil Sampling and Delivery
20
2
40
Estimated Inspection Hours:
800
Earthwork Material Tests
Material
Test
Estimated Quantity
Native Material
Maximum Density/Optimum Moisture
15
Aggregate Base
Maximum Density/Optimum Moisture
5
Bedding Sand
Maximum Density/Optimum Moisture
5
Aspbalt Concrete (AQ
The asphalt concrete placement and compaction for this project consists of the reconstruction of the AC
parking lot and entrance way pavements for vehicular traffic only. The parking lot occupies roughly
26,000 square feet in plan area and will have a thickness of 3-inches, while the entry way pavement will
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA64BA7
Fresno Yosemite International. Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 9
have a thickness of 4-inches and occupies roughly 1,000 square feet. These two pavements will require
roughly 500 tons of AC material.
Our scope of services will include inspections during the placement of asphalt concrete as well as
performing in -place density tests. In -place density will be performed with a nuclear density gauge to
estimate the relative compaction of the AC using the theoretical maximum density value of the material
placed and compacted. A box sample of the asphalt concrete will be obtained and sent to the laboratory
to determine the theorical maximum density of the asphalt concrete. Cores will be obtained to verify the
thickness of the AC placed and to determine the actual in -place density and compaction of the AC
pavements. It has been assumed that the contractor will provide the AC cores for testing.
The tasks related to the structural concrete observation, testing and estimated their durations are as follows.
Estimated Inspection for Asphalt Concrete
Pavement Component
Estimated Trips
Hours per Trip
Total Hours
AC Pavement
10
8
80
Estimated Inspection Hours:
80
Asphalt Concrete Material Tests
Material
Test
Estimated Quantity
AC Pavement
Theoretical Maximum Density
10
AC Cores
Core Thickness and Density
20
Cast -In -Place Structural Concrete
Cast -in -place concrete will be placed for footings, slabs -on -grade, elevator and escalator pit retaining
walls, and PCC Pavements. In total, the concrete for this project will require roughly 3,500 cubic yards of
Portland cement concrete.
Our scope of services will include continuous observation during the placement of structural concrete,
periodic inspection of structural reinforcement, and sampling and testing of concrete. It has been assumed
that one (1) set of five (5) 4-inch by 8-inch concrete cylinders will be cast for each concrete mixture for
each 150 cubic yards, or fraction thereof, for each day that the concrete is placed. One cylinder will be
tested at 7 days, three cylinders will be tested at 28 days, and one cylinder will be held and tested at 56
days if the required compressive strength is not met at 28 days. Slump, air content, unit weight and
temperature tests will be performed at the trick at the time the compressive strength samples are taken.
Inspection of cast -in -place anchors will occur at the during the inspection of reinforcement.
It has been assumed that the reinforcement will be procured from a certified mill with testing reports;
therefore, reinforcement rebar tests have been omitted from this proposal.
The following tasks related to the cast -in -place concrete observation and testing and their estimated
durations are as follows:
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 10
Estimated Inspection for Reinforcement
of Cast -In -Place Structural Concrete
Structural Member
Fstimated'Frips
Hours per Trip
Total Hours
PCC Pavement
15
8
.120
Building Area Al Slab 1
2
8
16
Building Area D1 & D2 Slab on Grade
2
8
16
Building Area D 1 & D2 Footings
2
6
12
Building Area G1 Slab on Grade
1
8
8
Building Area G1 Footings
1
6
6
Building Area GI Elevator Pit and Escalator Pits
4
8
32
Building Area Gl Concrete over Metal Deck
1
8
8
Building Area G2 Footings
2
6
12
Building Area G2 Concrete over Metal Deck
1
8
8
Building Area G3 Slab on Grade
2
8
16
Building Area G3 Footings
2
6
12
Building Area G3 Concrete Pad at Generators
1
4
4
Building Area G4 Slab on Grade
2
8
16
Building Area G4 Footings
2
6
12
Building Area G4 Elevator Pit and Escalator Pits
4
8
32
Building Area G4 Concrete over Metal Deck
1
8
8
Building Area G5 Slab on Grade
2
8
16
Building Area G5 Footings
2
6
12
Building Area G5 Concrete over Metal Deck
1
8
8
Estimated Inspection Hours:
374
Estimated Inspection/Sampling for Cast -In -Place Structural Concrete
Structural Member
Estimated Trips
Hours per Trip
Total Hours
PCC Pavement
15
8
120
Building Area Al Slab
2
8
16
Building Area D 1 & D2 Slab on Grade
2
8
16
Building Area D1 & D2 Footings
2
8
16
Building Area G1 Slab on Grade
1
8
8
Building Area G1 Footings
1
8
8
Building Area G1 Elevator Pit and Escalator Pits
4
8
32
Building Area G1 Concrete over Metal Deck*
1
16
16
Building Area G2 Footings
2
8
16
Building Area G2 Concrete over Metal Deck*
1
16
16
Building Area G3 Slab on Grade
2
8
16
Building Area G3 Footings
2
8
16
Building Area G3 Concrete Pad at Generators
1
8
8
Building Area G4 Slab on Grade
2
8
16
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
Fehruaty 8, 2023 Page 11
Building Area G4 Footings
2
8
16
Building Area G4 Elevator Pit and Escalator Pits
4
8
32
Building Area G4 Concrete over Metal Deck*
1
16
16
Building Area G5 Slab on Grade
2
8
16
Building Area G5 Footings
2
8
16
Building Area G5 Concrete over Metal Deck*
t
16
16
Sample Pick Up
50
2
100
Estimated Inspection Hours:
1. 532
*Two (2) technicians are anticipated for inspection and sampling the metal decks, one ACI (1) technician for sampling at the
truck and one ICC Certified Inspector for inspection of placement.
Structural Concrete Material Tests for Cast -in -Place Structural Concrete
Structural Element
Test
Estimated Ouantiy
PCC Pavement
Concrete Compressive Strength
30 (Set of 5)
Building Area Al Slab
Concrete Compressive Strength
4 (Set of 5)
Building Area D1 & D2 Slab on Grade
Concrete Compressive Strength
4 (Set of 5)
Building Area Dl & D2 Footings
Concrete Compressive Strength
4 (Set of 5)
Building Area G1 Slab on Grade
Concrete Compressive Strength
2 (Set of 5)
Building Area G1 Footings
Concrete Compressive Strength
2 (Set of 5)
Building Area Gl Elevator Pit and Escalator
Pits
Concrete Compressive Strength
8 (Set of 5)
Building Area G 1 Concrete over Metal Deck
Concrete Compressive Strength
2 (Set of 5)
Building Area G2 Footings
Concrete Compressive Strength
4 (Set of 5)
Building Area G2 Concrete over Metal Deck
Concrete Compressive Strength
2 (Set of 5)
Building Area G3 Slab on Grade
Concrete Compressive Strength
4 (Set of 5)
Building Area G3 Footings
Concrete Compressive Strength
4 (Set of 5)
Building Area G3 Concrete Pad at Generators
Concrete Compressive Strength
2 (Set of 5)
Building Area G4 Slab on Grade
Concrete Compressive Strength
4 (Set of 5)
Building Area G4 Footings
Concrete Compressive Strength
4 (Set of 5)
Building Area G4 Elevator Pit and Escalator
Pits
Concrete Compressive Strength
8 (Set of 5)
Building Area G4 Concrete over Metal Deck
Concrete Compressive Strength
2 (Set of 5)
Building Area G5 Slab on Grade
Concrete Compressive Strength
4 (Set of 5)
Building Area G5 Footings
Concrete Compressive Strength
4 (Set of 5)
Building Area G5 Concrete over Metal Deck
Concrete Compressive Strength
2 (Set of 5)
Post -Installed Anchors, Epoxy Dowels, and Seismic Load Restraint
Post installed mechanical concrete and masonry anchors and drilled and epoxied dowel anchors are
anticipated to be utilized for this project. This includes all anchors used as seismic resistance hold-downs.
It is also understood that the masonry site wall will potentially have a wrought -iron fence installed atop
the wall, which would require post -installed anchors/epoxied dowels.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-2I
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 12
Our scope of services will include observation for the type and size of the anchor bolts, as well as the
diameter, depth, and cleanout of the drilled holes for post -installed anchor bolts.
The following tasks related to the post -installed anchor observation and testing, and their estimated
durations are as follows:
Estimated Ins ection/Testin Durations For Post -installed Auchors and E ox Dowels
Structural Member
Estimated Trips
Hours per 'Trip
Total Hours
Installation Inspection
35
8
280
Estimated Inspection Hours:
280
Structural Masonry
The structural masonry for this project consists of the walls located at building area G5. The total surface
area of the masonry walls is roughly 2,500 square feet and the wall is 10 feet tall.
Our scope of services includes the inspection of the placement of reinforcing steel, spacing, and
clearances. Masonry block mortar and grout are required to be tested. Project specifications state that
mortar and grout is to be tested once per 5,000 square feet of wall surface area.
It should be noted that the structural plans do not explicitly state the requirement of testing and inspecting
masonry; therefore, this portion of our scope of services may be omitted at the client's discretion.
The tasks anticipated for structural masonry and the assumed durations are presented in the following
table.
Estimated Inspection/Sampling
for CMU Walls
Structural Member
Estimated_ Trips
Hours per Trip
Total Hours
Building Area G5 Masonry Walls
10
8
80
Site Wall
5
8
40
Sample Pickup
13
2
26
Estimated Inspection Hours:
146
Material Tests for CMU Walls
Structural Element
Test
Estimated Quantity
Masonry Unit
Masonry Unit Compressive Strength,
Absorption Unit Weight
4 (Set of 9)
Mortar
Mortar Compressive Strength
10 (Set of 5)
Grout
Grout Compressive Strength
10 (Set of 9)
Structural Steel, High-Strmtlr Bolts, and Welding
The structural steel components for this project consist of the steel columns, steel framing, metal deck,
and seismic/lateral load resistance braced and moment frames.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-27
Proposal for Special Inspection: and Materials Testing
February 8, 2023 Page 13
Our scope of services includes structural steel and welding inspection at the fabrication shop and the job
site of the proposed project. Our scope of services also includes the inspection of high strength bolting.
The location of the steel fabricator was not known and/or provided at the time this proposal and fee
estimate were prepared. The following assumptions were used in the preparation of this proposal and fee
estimate:
➢ The fabrication shop will work Monday through Friday between the hours of 7 AM and 3:30 PM;
➢ All shop fabrication will be performed at a location within 30 miles of one of our offices;
➢ Out -of -State fabrication shop inspections are not included within our scope;
➢ The fabrication shop will be properly staffed for this project; and
➢ The shop fabrication will require only one inspector for the welding inspection.
It is understood that the Boarding Bridges for the project are to be by JBT Companies and could potentially
be fabricated out of Utah. If these elements are ultimately required to have special inspection of the
fabrication, our firm would either send one of our staff to perform the inspections, or a sub -consultant
local to area of the fabrication shop would need to be utilized for the inspections, whichever would be
more cost effective to the City of Fresno.
The tasks anticipated for structural steel and the assumed durations are presented in the following table.
Estimated InspectionlSamplin2 for Structural Steel
Structural Member
Estimated Trips
Hours per Trig
Total Hours
Shop Welding
60
8
480
Non -Destructive Testing — Shop
20
8
160
Field Welding Inspection and Non -Destructive Testing
65
8
520
High Strength Bolting
25
1 8
200
Estimated Inspection Hours:
1,360
Structural Concrete Material Tests for Structural Steel
Structural Element
Test
Estimated Quantity
Non -Shrink Grout
Compressive Strength
40 (Set of 6)*
* It has been assumed that to verify the compliance of the compression strength of cube specimens, an average of three (3)
compressive strength tests will be required to be tested at an age of seven (7) days for early strength data and at 28 days for
compliance strength; therefore, a set of six (6) total cubes has been estimated.
Architectural Special Inspections
The structural drawing notes on sheet SO4 callout for the following special inspections of architectural
features; (1) spray -applied fireproofing, (2) exterior insulation installation observation, (3) fire-resistant
penetrations, and (4) record smoke control systems device locations.
Our scope of services includes the periodic inspection of surface conditions and application of spray -
applied fireproofing, fire-resistant penetrations, and record smoke control systems device locations. Our
scope of services also includes the continuous installation observation of exterior insulation.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yoseneite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
Februa►y 8, 2023 Page 14
Physical and visual tests will be performed to check the condition of the substrates, thickness of
application, density of spray -applied fireproofing, bond strength, and condition of the finished application.
The application will be observed, manufacturer information and specifications reviewed, and the material
tested. Approximately 10-percent of each type/manufacturer of the fire -stopping of penetrations be
visually inspected per ASTM E-2174 minimum. Thickness tests will be performed on approximately 25%
of the structural members at each level.
Non-destructive testing of firestop will be tested for each 10,000 square feet per floor level. These are the
minimum testing requirements based on the ASTM, it should be noted that the Authority Having
Jurisdiction (AHJ) may request that these frequencies be increased. Approximately 5-percent of the total
linear feet of each type of fire resistive joint system will be visually inspected per ASTM E-2393.
The tasks anticipated for architectural special inspections and the assumed durations are presented in the
following table.
Estimated Ins ectionlSatn tin for Architectural S ecial 111s ectious
Structural Member
Estimated
Trips
Hours per
Trip
Total
Hours
Spray -applied Fireproofing Inspection
50
8
400
Exterior Insulation Inspection
30
8
240
Fire -Resistant Penetrations Inspections (Local Inspector) *
60
8
480
Fire -Resistant Penetrations Inspections (Intertek Certified Inspector)
**
5
16
80
Smoke Control System Inspections
10
8
80
Estimated Inspection Hours:
1,680
*An inspector local to the Fresno area will perform the regular inspections of the Fire -Resistant Penetration systems, under
the supervision of Moore Twining's Intertek certified firestop inspector.
**The Fire -Resistant Penetrations Inspections by the Intertek certified firestop inspector will be performed on a periodic
basis and have been budgeted as a two-day event per trip. The first day includes travel to the site and inspections in the
afternoon, and the second day consists of completing inspections that morning and travel.
Material Tests for Spray Applied Fireproofing
Structural Element Test
Estimated Quantity
1
Fireproofing Fireproofing Density Test
60
PROJECT COORDINATION REVIEW ENGINEERING SUPPORT AND REPORTING
In addition to the testing services described above, our firm will also provide engineering support. This
support would include reviewing material submittals or certificates of compliance when requested,
reviewing inspection reports, reviewing laboratory testing reports, and preparing a final report indicating
if the work and materials used to construct the project, that were included in our scope of services, are in
conformity with the requirements of the project documents.
A Project Manager will be assigned to the project for the services provided by Moore Twining. The Moore
Twining Project Manager- is solely for managing the services provided by Moore Twining and is not
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 15
related to any aspect of the actual construction which is the responsibility of the General Contractor. To
the extent possible, Moore Twining will have one primary inspector, who is qualified to perform the
required tested, assigned to the project to provide continuity and quality assurance for the project. Our
Project Manager will work closely with the Fresno Yosemite Airport International Airport to dispatch the
inspectors to the job site when they are needed, verify that the dispatched inspectors are certified to
perform the required testing, verify that the required testing is being performed, and verify that deviations
are being recorded and tracked until resolved.
A critical part of any inspection for projects is the ability to track and verify correction of structural
discrepancies. A "Log of Discrepancies" will be maintained. This log is used to track discrepancies and
verify these discrepancies are addressed during construction. If a discrepancy requires an RFI or design
change, the discrepancy may need to be tracked for some time.
The schedule provided dated August 16, 2021 indicates roughly 110 working weeks. It has been assumed
that our project management team will require 2 hours per working week to manage this project and it has
also been estimated that a registered civil engineer will be required for 1 hour per week. Lastly it has been
assumed that 2.5 hour per week will be required for our administrator to service this project.
The tasks related to- the project coordination, review, engineering support, and reporting and their
estimated durations are as follows:
Estimated Enizineerinu SuBport_and Protect Management
Task
Total Hours
Project Management of Testing and Inspection Services
220
Registered Civil Engineer
110
Registered Geotechnical Engineer
100
Administrative Assistant
275
ESTIMATED FEES
Our estimated fees to provide the testing and inspection services described in this proposal are presented
in Table 1 below.
Table 1 - Fee Estimate to Provide Materials Testing & Inspection Services
Fresno Yosemite International Airport Terminal Expansion
5175 East Clinton Way, Fresno, California
Scope Description
Units
Quav ntit
Unit Fee
EstiFee mated
Earthwork
Inspection of Earthwork
Hour
800
$123.00
$98,400.00
Lab Maximum Density (ASTM D1557) 4-inch mold
Test
20
$184.00
$3,680.00
Lab Maximum Density (ASTM D1557) 6-inch mold
Test
5
$200.00
$1,000.00
Mileage*
Miles
1488
$0.655
$974.64
Vehicle and Equipment Charge
Trip
120
$25.00
$3,000.00
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 16
Subtotal
$107,054.64
Concrete
_Asphalt
Inspection of Asphalt Placement
Hour
80
$123.00
$9,840.00
Theoretical Maximum Density
Test
10
$163.00
$1,630.00
AC Core Tests
Test
20
$21.00
$420.00
Mileage*
Miles
124 1
$0.655
$81.22
Vehicle and Equipment Charge
Trip
10
$25.00
$250.00
Subtotal
$12,221.22
Cast -In -Place Structural Concrete
Inspection of Reinforcement
Hour
374
$130.00
$48,620.00
Inspection of Structural Concrete
Hour
432
$130.00
$56,160.00
Sample Pickup
Hour
100
$66.00
$6,600.00
Concrete Compressive Strength (4-inch by 8-inch
Cylinders)
Set
100
$95.00
$9,500.00
Mileage*
Miles
1860
$0.655
$1,218.30
Vehicle and Equipment Charge
Trip
150
$25.00
$3,750.00
Subtotal
$125,848.30
Post -Installed Anchors
Anchor Inspections
Hour
280
$123.00
$34,440.00
Mileage*
Miles
434
$0.655
$284.27
Vehicle and Equipment Charge
Trip
35
$25.00
$875.00
Subtotal
$35,599.27
Masonry
Inspection and Sampling of CMU
Hour
146
$130.00
$18,980.00
Sample Pickup
Hour
13
$66.00
$858.00
Masonry Unit Compressive Strength, Absorption, Unit
Weight
Each
36
$79.00
$2,844.00
Mortar Compressive Strength
Each
50
$40.00
$2,000.00
Grout Compressive Strength
Each
90
$40.00
$3,600.00
Mileage*
Miles
285
$0.655
$186.81
Vehicle and Equipment Charge
Trip
23
$25.00
$575.00
Subtotal
$29,043.81
Structural Steel, High -Strength Bolts, and Welding
Shop Welding Inspection
Hour
480
$90.00
$43,200.00
Shop Non -Destructive Testing
Hour
160
$95.00
$15,200.00
Field Welding Inspection and Non -Destructive Testing
Hour
520
$132.00
$68,640.00
High Strength Bolting Inspection
Hour
200
$130.00
$26,000.00
High Strength Non -Shrink Grout
Set
40
$114.00
$4,560.00
Mileage*
Miles
2108
$0.655
$1,380.74
Vehicle and Equipment Charge
Trip
170
$25.00
$4,250.00
Subtotal
$163,230.74
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 17
Architectural Special Inspections
Spray -applied Fireproofing Inspection
Hour
400
$117.00
$46,800.00
Exterior Insulation Inspection
Hour
240
$122.00
$29,280.00
Fire-resistant Penetrations Inspection
Hour
560
$122.00
$68,320.00
Smoke Control System Inspection
Hour
80
$122.00
$9,760.00
Fireproofing Density Test
Test
60
$75.00
$4,500.00
Per Diem (Hotel and Meals)
Day
5
$200.00
$1,000.00
Mileage*
Miles
1922
$0.655
$1,258.91
Vehicle and Equipment Charge
Trip
155
$25.00
$3,875.00
Subtotal
$164,793.91
Project Coordination, Review, Engineering Support, and Reporting
Project Manager
Hour
220
$100.00
$22,000.00
Registered Civil Engineer
Hour
110
$125.00
$13,750.00
Registered Geotechnical Engineer
Hour
100
$135.00
$13,500.00
Administrative Assistant
Hour
275
$35.00
$9,625.00
Inspection and Testing Contingency for Unforeseen Items
1
$75,0000.0
$75,000.00
In -Place Density Report(s)
Hour
40
$100.00
$4,000.00
Final Inspection Letter
Hour
20
$100.00
$2,000.00
Subtotal
$139,875.00
Total Estimated Fee for Materials Testing and Inspection Services
$777,666.89
* Milage rate is subject to change in accordance with the IRS rate at the time services are conducted.
The above fee estimate was prepared based on our review of the project documents provided to our firm.
It should be noted that a construction schedule was not provided to our firm. It should be noted that the
total fee for our services is directly influenced by the construction schedule, weather conditions,
scheduling by the Client, efficiency of the contractor and subcontractors performing the work and other
factors outside our control; thus, our fees could be more or less than estimated. Since these items are
beyond our control, our services will be provided on a time and materials basis and the estimated fee
presented in this proposal should serve as a budget estimate for these services. Moore Twining will only
charge for those services performed and billed in accordance with the fees and invoicing section of this
proposal. Our firm will notify you of any scope changes that occur during the course of the project if
these scope changes increase our fees.
Please note that it has been assumed that there would be no over -time or weekend work for this project
and therefore has been excluded in our fee estimate. It should be noted that a construction schedule was
not provided to our firm at the time this proposal and fee estimate was prepared.
FEES AND INVOICING
It is our understanding that this project is subject to State of California prevailing wage requirements
for work performed. Our fees are based on two-hour minimum billing and two-hour increments thereafter
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Abport Terminal Expansion; Fresno, California MTP 0604-21
Proposal for Special Inspection and Materials Testing
February 8, 2023 Page 18
for inspectors, field technicians and engineers portal-to-portal. The rates presented in Table 1 are based
on 8-hour workdays, Monday through Friday. Overtime and Double Time will be billed in accordance
with the DIR requirements. Overtime will be billed for the first four (4) daily overtime hours, Monday
through Friday, and the first 8 hours on Saturday. All other overtime is at the Sunday/Holiday overtime
rates. If additional testing is required beyond the scope of this proposal, those services would be billed in
accordance with our current 2023 or 2024 Prevailing Wage Fee Schedule; whichever is applicable at the
time the request is made.
Hourly rates subject to prevailing wage, presented in Table 1 above, shall be adjusted the month
immediately following the rate increase per the California Prevailing Wage Determination at the time for
the craft plus 20% to cover Taxes, Social Security, Medicare, Markup, etc.
An itemized listing of the tests and inspections performed will be provided on each invoice. Payment is
due on the 1 Oth of the next succeeding month following the date of invoice and is considered past due
thereafter. A finance charge of 1.5% per month service charge (18% per annum) may be assessed on past
due accounts.
DELIVERABLES
Moore Twining will provide a daily field report for each day that an inspection is performed at off -site
fabrication shops and on the project site. These reports will be followed by reports signed by the project
manager or project engineer. Laboratory reports will be provided for the materials tested in the laboratory.
These reports will be signed by the Laboratory Manager.
PRECONSTRUCTION MEETING
It is recommended that a preconstruction meeting be held with the client, the architect, the structural
engineer, the general contractor, and the testing laboratory to discuss the details of scheduling, reporting,
invoicing, and other issues affecting the project.
PRE -GRADING MEETING
It is recommended that a pre -grading meeting be held with the client, the architect, the civil engineer, the
general contractor, the grading sub -contractor, and the testing laboratory to discuss the details of over -
excavation, compaction, moisture conditioning, and other earthwork issues affecting the project.
SCHEDULING
It is our understanding that a representative of Fresno Yosemite International Airport will be responsible
for scheduling the testing and inspection services for the project. Moore Twining can only be responsible
for those inspections and tests our firm is notified of either by facsimile or electronic mail. To provide for
your schedule, our firm should be notified at least one week prior to the start of construction and a 48-
hour notice before each testing and/or inspection event is requested. Inspection services can be scheduled
by contacting our Central California office at (559) 268-7021.
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Fresno Yosemite International Airport Terminal Expansion; Fresno, California
Proposal for Special Inspection and Materials Testing
February 8, 2023
NOTIFICATIONS AND EXCLUSIONS
The following items were excluded from our scope of services and our fee estimate:
➢ Retests, re -inspections, standby time,
and cancellations without proper notice;
➢ Modifications or changes to the project
and/or construction schedule after the
date of our proposal;
➢ Moisture and PH Testing of concrete;
➢ Out -of -State inspections and testing;
➢ Testing of unidentified materials;
➢ Installation Inspections or Testing of
Underground Utilities;
➢ SWPPP Inspections and monitoring;
MTP 0604-21
Page 19
➢ Inspection of landscaping and irrigation
systems;
➢ Inspection and testing of mechanical
systems;
➢ Inspection and testing of electrical
systems;
➢ Floor Flatness and Levelness Testing;
➢ Providing access to all construction
elements requiring inspection; and
➢ Any items not so indicated in this
proposal.
If any of these items are required during the course of the project, upon request, we can provide the
aforementioned services and provide associated fees. Moore Twining is a full -service testing and
inspection firm capable of meeting your needs on this project. Our estimated fee assumes the contractor
will provide access to all construction elements requiring inspection at the time requested by our firm. The
contractor is solely responsible for job site safety including excavation safety, support, etc.
CLOSING REMARKS
We encourage you to consider our firm's full -service capabilities and relevant project experience as you
proceed with your selection process. It is understood that if this proposal is found to be acceptable, Fresno
Yosemite International Airport will issue a purchase order or agreement for our services and provide it to
our firm to execute. Should you have any questions or continents, or if we may be of any service to you,
please contact us at (800) 268-7021.
We sincerely appreciate the opportunity to provide this proposal and look forward to working with Fresno
Yosemite International Airport on this project.
Respectfully submitted,
Moore Twining Associates, Inc.
Construction Inspection Division
z ��
Zachary Peacock, E.I.T.
Assistant Division Manager — Construction Inspection
(559) 217-37.47
ZacbaryP@MooreTwining.com
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (Consultant)
The FAT New Terminal Expansion
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
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use
of automobiles in the course of your business operations. The Automobile
Policy shall be written on an occurrence form and shall provide coverage
for all owned, hired, and non -owned automobiles or other licensed vehicles
(Code 1- Any Auto).
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant 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 of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $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
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
The Consultant shall be responsible for 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:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS
The General Liabilitv and Automobile Liability insurance policies 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
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 2 of 4
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
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
2001 0413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: the Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance_ policy_ is written on a claims -
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase "extended reporting" coverage for a minimum of
five Years after completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty
calendar days' written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non -renewal, or reduction in coverage or in limits, the Consultant
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 3 of 4
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
shall furnish the City with a new certificate and applicable endorsements for such
policy(ies). In the event any policy is due to expire during the work to be performed for
the City, the Consultant shall provide a new certificate, and applicable endorsements,
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. GSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 4 of 4
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
The FAT New Terminal Exoansion
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of
❑
KI
its agents?
2
Do you represent any firm, organization, or person who is in
❑
litigation with the City of Fresno?
3
_
Do you currently represent or perform work for any clients who
❑
n
do business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
❑
the City of Fresno, or in a business which is in litigation with
the City of Fresno_?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
❑
W
who has any significant role in the subject matter of this
service?
6
Do you or any of your subcontractors have, or expect to have,
_
any interest, direct or indirect, in any other contract in
❑
E71
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation.
. pi l.¢6.4•aW ¢�++Y ee^.dn*baa Tw+y nssmaim
'�+:',W�l�m rtxya.GC'Y++.IN.Hvry01Mh!
¢M • W OSp-60S+f pppY
Signature
February 8, 2023
Date
Harry D. Moore
(Name)
Moore Twining Nssociates, Inc.
(Company)
2527 Fresno Street
(Address)
❑ Additional page(s) attached. Fresno, Ca 93721
(City, State Zip)
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit C
Page 1 of 1
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno
(City) and [Consultant Name] (Consultant)
A. I. P. PROJECT NO. [AIP number(s)]
fPro_i_ect Title]
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 TO RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor
agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their duly authorized representatives' access to
any books, documents, papers, and records of the contractor which are directly pertinent
to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
B. BUY AMERICAN CERTIFICATION
The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds
may not be obligated unless all steel and manufactured goods used in AIP-funded
projects are produced in the United States, unless the FAA has issued a waiver for the
product; the product is listed as an Excepted Article, Material Or Supply in Federal
Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy
American Waivers Issued list.
A bidder or offeror must submit the appropriate Buy America Certification (below) with all
bids or offers on Airport Improvement Program ("AIP")-funded projects. Bids or offers that
are not accompanied by a completed Buy America certification must be rejected as
nonresponsive.
Type of Certification is based on Type of Project:
There are two types of Buy American certifications.
o For projects for a facility, the Certificate of Compliance Based on Total Facility
(Terminal or Building Project) must be submitted.
For all other projects, the Certificate of Compliance Based on Equipment and
Materials Used on the Project (Non -building construction projects such as
runway or roadway construction; or equipment acquisition projects) must be
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 1 of 21
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
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, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the contractor from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights
Act of 1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the
period during which Federal assistance is extended to the airport through the Airport
Improvement Program, except where Federal assistance is to provide, or is in the form of
personal property; real property or interest therein; structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the
following periods:
a. The period during which the property is used by the airport sponsor or any
transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits; or
b. The period during which the airport sponsor or any transferee retains
ownership or possession of the property.
D. CIVIL RIGHTS ACT OF 1964, TITLE VI
Compliance with Nondiscrimination Requirements m During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes
consultants) will complywith 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-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under subcontract, including
procurements 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. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 2 of 21
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with
such Acts, Regulations, and instructions. Where any information required of
a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the sponsor or the
Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance
with the Non-discrimination provisions of this contract, the sponsorwill impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the
contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt bythe Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the sponsor to
enter into any litigation to protect the interests of the sponsor. In addition, the
contractor may request the United States to enter into the litigation to protect
the interests of the United States.
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 of DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§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 D
Page 3 of 21
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
subcontractor within {specify the same number as above} days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
{Name of Recipient}. This clause applies to both DBE and non -DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
uirement lResponsibillities
Federal Agency with Enforcement
ederal Fair Labor Standards Act (29 �Hour
U.S. Department of Labor — Wage and
ISC 201) Division
G. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement
Occupational Safety and Health Act of
1970 (20 CFR Part 1910)
H. RIGHTS TO INVENTIONS
Agency with Enforcement
sibilities
S. Department of Labor — Occupational
ifety and Health Administration
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.
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 4of21
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
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 incorporate this provision for certification without modification in each contract and in
all lower tier subcontracts. The contractor may rely on the certification of a prospective
subcontractor unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor
learns that its certification or that of a subcontractor was erroneous when submitted or
has become erroneous by reason of changed circumstances. The subcontractor agrees
to provide written notice to the contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct
through the Sponsor cancellation of the contract or subcontract for default at no cost to
the Government.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section 1001.
J. BAN ON TEXTING AND DRIVING
The 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
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA64BA7
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 Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by
the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalent thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the Contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification
and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 6 of 21
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
(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 event the Contractor, the laborers, or mechanics to be employed in the
classification, or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits
where appropriate), the contracting officer shall refer the questions, including the views
of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt, and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed
in the classification.
(E) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(F) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program: Provided that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the
Contractor or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
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helper, employed or working on the site of work, all or part of the wages required by the
contract, the Federal Aviation Administration may, after written notice to the Contractor,
Sponsor, Applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker; his or her correct classification;
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the
Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and that show the costs anticipated or the actual
costs incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency is a
party to the contract, but if the agency is not such a party, the Contractor will submit the
payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the
Federal Aviation Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include an individually
identifying number for each employee (e.g. the last four digits of the employee's social
security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour
Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The
prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker and shall provide them upon request
to the Federal Aviation Administration if the agency is a party to the contract, but if the
agency is not such a party, the Contractor will submit them to the applicant, sponsor, or
Owner, as the case may be, for transmission to the Federal Aviation Administration, the
Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to provide addresses and
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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.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the sponsor, the Federal Aviation Administration, or the Department of
Labor and shall permit such representatives to interview employees during working hours
on the job. If the Contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the Contractor,
Sponsor, applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than
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the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a contractor
is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the Contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of
the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination that provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate that is not registered and participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment opportunity
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requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,
6, and 7. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department
of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
USC 1001.
M. ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies
relating to energy efficiency as contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 USC 6201 et seq.).
N. FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference
the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part-time workers.
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The contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor — Wage and Hour Division.
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 take over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor is liable to the Sponsor for any additional
cost occasioned to the Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the contractor had not so failed, the termination will be deemed to have been
effected for the convenience of the Sponsor. In such event, adjustment in the
contract price will be made as provided in paragraph 2 of this clause.
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. AFFIRMATIVE ACTION
Minority Participation. Sponsors are required to set goals for minority participation in
AIP funded projects exceeding $10,000. The goals for minority participation derive from
Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA) as established
in Volume 45 of the Federal Register dated 10/3/80. Page 65984 contains a table of all
EAs and SMSAs and the associated minority participation goals.
To find the goals for minority participation, a sponsor must either refer to the Federal
Register Notice or to the Department of Labor online document, "Participation Goals for
Minorities and Females". EAs and SMSAs span state boundaries. A sponsor may have
to refer to entries for adjacent states in order to locate the goal for the project location.
Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for
female participation for all construction projects. This value remains constant for all
counties and states.
C. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
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Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identify, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff, or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion, sex,
or national origin.
(3) The Contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
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threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
D. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs
(OFCCP), U.S. Department of Labor, or any person to whom the Director delegates
authority;
c. "Employer identification number" means the Federal social security number used
on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form
941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each subcontract
in excess of $10,000 the provisions of these specifications and the Notice which contains
the applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors shall be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's failure to take
good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
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employment and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in a
geographical area where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union
with whom the Contractor has a collective bargaining agreement to refer either minorities
or women shall excuse the Contractor's obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees shall be employed by the Contractor
during the training period and the Contractor shall have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees shall be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor shall
document these efforts fully and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are
assigned to work. The Contractor, where possible, will assign two or more women
to each construction project. The Contractor shall specifically ensure that all
foremen, superintendents, and other onsite supervisory personnel are aware of and
carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such
facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each
minority and female off -the -street applicant and minority or female referral from a
union, a recruitment source, or community organization and of what action was taken
with respect to each such individual. If such individual was sent to the union hiring
hall for referral and was not referred back to the Contractor by the union or, if
referred, not employed by the Contractor, this shall be documented in the file with
the reason therefore along with whatever additional actions the Contractor may have
taken.
d. Provide immediate written notification to the Director when the union or unions
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with which the Contractor has a collective bargaining agreement has not referred to
the Contractor a minority person or female sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs
for the area which expressly include minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractor's
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper, annual
report, etc.; by specific review of the policy with all management personnel and with
all minority and female employees at least once a year; and by posting the company
EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility
for hiring, assignment, layoff, termination, or other employment decisions, including
specific review of these items, with onsite supervisory personnel such
superintendents, general foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter discussed, and
disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's EEO
policy with other contractors and subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minority and female students; and to
minority and female recruitment and training organizations serving the Contractor's
recruitment area and employment needs. Not later than one month prior to the date
for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer, and
vacation employment to minority and female youth both on the site and in other areas
of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation
to do so under 41 CFR part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and
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female personnel, for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that
separate or single user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and
performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in
fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts
of a contractor association, joint contractor union, contractor community, or other similar
groups of which the Contractor is a member and participant may be asserted as fulfilling
any one or more of its obligations under 7a through 7p of these specifications provided
that the Contractor actively participates in the group, makes every effort to assure that
the group has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can provide access to documentation
which demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and female,
and all women, both minority and non -minority. Consequently, if the particular group is
employed in a substantially disparate manner (for example, even though the Contractor
has achieved its goals for women generally), the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized.
10.The Contractor shall not use the goals and timetables or affirmative action standards
to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing.
E. PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not
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and will not permit its employees to perform their services at any location under its
control where segregated facilities are maintained. The Contractor agrees that a breach
of this clause is a violation of the Equal Employment Opportunity clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work
areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees that are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion, sex, or national origin because of written or oral policies or
employee custom. The term does not include separate or single -user rest rooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Employment Opportunity clause of this contract.
F. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, and the
regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the
extent practicable, the Contractor and subcontractors are to use products containing the
highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated
item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item
using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at
www.epa.gov/smm/comprehensive- procurement -guidelines -construction -
products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -
designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with
the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
III. PROVISION APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $25,000 AND GREATER
A. CERTIFICATIONS REGARDING DEBARMENT AND SUSPENSION
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER
OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that
at the time the bidder or offeror submits its proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from
participation in this transaction.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
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2. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000
as a "covered transaction", must verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this
by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding
Debarment and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier
contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was
excluded or disqualified at the time it entered the covered transaction, the FAA may
pursue any available remedy, including suspension and debarment.
IV. PROVISIONS APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $100,000 AND GREATER
A. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The bidder or offeror certifies by signing and submitting this contract, to the best of his or
her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the bidder or offeror, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
B. BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their
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subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this 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.
City will provide contractor written notice that describes the nature of the breach and
corrective actions the contractor must undertake in order to avoid termination of the
contract. City reserves the right to withhold payments to contractor until such time the
Contractor corrects the breach or the City elects to terminate the contract. The City's
notice will identify a specific date by which the contractor must correct the breach. Owner
may proceed with termination of the contract if the contractor fails to correct the breach
by the deadline indicated in the City's notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
C. CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract
or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 etseq. relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in Section 114 and Section
308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication from the
EPA indicating that a facility to be used for the performance of or benefit from the contract
is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or
subcontract which exceeds $150,000 the aforementioned criteria and requirements.
D. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic, including watchmen and guards, in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
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2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph 1 above, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs 1 through 4 of this section.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
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DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Attachment A: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR TOTAL FACILITY
(Buildings such as Terminal, SIRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one of the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (i.e. not both) by inserting a checkmark (✓) or the letter "X".
❑ Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing steel and manufactured products produced in the United
States; or
b) Installing manufactured products for which the FAA has issued a waiver
as indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and
origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC § 50101 (a) but may qualify for either a Type
3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening,
a formal waiver request and required documentation that support the
type of waiver being requested.
2. That failure to submit the required documentation within the specified
timeframe is cause for a non -responsive determination may results in
rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
Required Documentation
Type 3 Waiver - The cost of components and subcomponents produced in the United
States is more that 60% of the cost of all components and subcomponents of the "facility".
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D—AttachmentA
Page 1 of 2
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA64BA7
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
location.
Type 4 Waiver — Total cost of project using US domestic source product exceeds the
total project cost using non -domestic product by 25%. The required documentation for
a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non -domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious
or fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
February 8, 2023
Date
Moore Twining Associates, Inc.
Company Name
agned hp Harry 4. htaarC
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— )�/ iY '�•� Cr'h14wo TwINnO ASscctin9c, InC'.
dI1+; Frei4WI. PdrWJ1AM ErOnnr. CN-Harry D.
vM�'3683A2-08 1G:W1 �6-05'DU'
Signature
President
Title
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D— Attachment A
Page 2 of 2
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Attachment 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".
❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United
States, or;
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of
the steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC § 50101 (a) but may qualify for either a Type
3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that support the type of waiver being
requested.
1. That failure to submit the required documentation within the specified
timeframe is cause for a non -responsive determination may result in
rejection of the proposal.
2. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
3. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D —Attachment B
Page 1 of 2
DocuSign Envelope ID: E3307750-94D3-4D4C-B030-E4D50FA648A7
Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the
United States is more that 60% of the cost of all components and subcomponents of the
"item". The required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not
comprised of 100% US domestic content (Excludes products listed on the
FAA Nationwide Buy American Waivers Issued listing and products
excluded by Federal Acquisition Regulation Subpart 25.108; products of
unknown origin must be considered as non -domestic products in their
entirety)
b) Cost of non -domestic components and subcomponents, excluding labor
costs associated with final assembly at place of manufacture.
c) Percentage of non -domestic component and subcomponent cost as
compared to total "item" component and subcomponent costs, excluding
labor costs associated with final assembly at place of manufacture.
Type 4 Waiver — Total cost of project using US domestic source product exceeds the
total project cost using non -domestic product by 25%. The required documentation for
a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non -domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious
or fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
Date
Company Name
Signature
Title
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D —Attachment B
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