HomeMy WebLinkAboutA011 - Resolution approving Professional Services Agreement with Bolton & Menk, Inc., of Ames, IA, for FY 2026/27 Airport Entryway Improvement (South Parking Lot Expansion)ITEM #:15
DATE:05-12-26
DEPT:PW
SUBJECT:FY 2026/27 AIRPORT ENTRYWAY IMPROVEMENT (SOUTH PARKING LOT
EXPANSION)
COUNCIL ACTION FORM
BACKGROUND:
The Capital Improvements Plan (CIP) includes the FY 2026/27 Airport Entryway
Improvements program, which provides for expansion of paved parking areas and related
access improvements at the James Herman Banning Ames Municipal Airport. This phase
focuses on development of the southern portion of the planned parking expansion to address
existing parking demand. This is the first phase of a multi-phase parking expansion program.
In August 2023, staff completed a qualifications-based selection process in accordance with
Federal Aviation Administration (FAA) requirements and selected Bolton & Menk, Inc. to
provide professional engineering services under a Master Agreement. Each subsequent
project is authorized under a separate Task Order approved by the City Council.
Due to current uncertainties at the federal level, including past federal government
shutdowns, the pending expiration of Infrastructure Investment and Jobs Act (IIJA)
funding authorizations, and the high volume of projects being administered by the
Federal Aviation Administration (FAA) Central Region, this project has been placed on
an accelerated schedule to meet federal funding deadlines. To maintain eligibility for
federal funding and the accelerated timeline, Bolton & Menk proceeded with design
services at its own risk prior to formal approval of this Task Order. Note that this was
undertaken at at Bolton and Menk's discretion and not at the direction of City staff.
The engineering services performed to date have been completed in accordance with FAA
standards and City of Ames requirements, consistent with all federally funded airport projects.
The proposed Task Order #8 provides for design services completed to date, as well as
bidding, construction administration, and inspection services for the Airport Parking Lot
Improvements project. Staff has received authorization to bid, which represents the FAA’s
concurrence that the design meets all applicable requirements.
An Independent Fee Evaluation (IFE) was completed by DGR Engineering in
accordance with FAA requirements. The IFE determined that the proposed engineering
fee is reasonable, consistent with industry standards, and meets federal auditing
requirements.
The FY 2026/27 CIP anticipates $560,000 in federal grant participation for this phase of the
project. Based on current FAA grant programming, the City now anticipates receiving
$584,000 in federal funding, which exceeds the amount identified in the CIP. This
additional federal participation will reduce reliance on local funding for this phase of
the project.
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The table below summarizes the most current revenues and expenses for this phase of the
project:
Revenues Expenses
General Obligation
Bonds $140,000 Administration and Independent Fee
Evaluation $4,750
Federal Aviation
Administration Grant
(AIG)
$584,000
Design and Construction
Administration/Inspection
Services
(This Council Action)
$144,800
Construction (Estimated)$549,000
Total Revenues $724,000 Total Expenses $698,550
The difference between total revenues and expenses provides a contingency to address
potential bid variability and construction-related adjustments.
ALTERNATIVES:
1. Approve the Professional Services Agreement (Task Order #8) with Bolton & Menk, Inc.,
in an amount not to exceed $144,800, for design, bidding, and construction
administration and inspection services associated with the FY 2026/27 Airport Entryway
Improvement (South Parking Lot Expansion) project.
2. Reject the Professional Services Agreement and direct staff to solicit alternative
proposals.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed Airport Parking Lot Improvements project will expand paved parking
capacity, improve safety, and enhance the functionality of the airport as a gateway to
the Ames community. The engineering fee has been independently evaluated and
determined to be reasonable. Therefore, it is the recommendation of the City Manager that
the City Council approve Alternative No. 1, as shown above.
ATTACHMENT(S):
PSA
Authorization to Bid
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PUBLIC CLIENT AND BOLTON & MENK, INC.
TASK ORDER TO AGREEMENT FOR PROFESSIONAL SERVICES
TASK ORDER NO: #8
CLIENT: City of Ames, IA
CONSULTANT: Bolton & Menk, Inc.
DATE OF THIS TASK ORDER: February 24, 2026
DATE OF MASTER AGREEMENT FOR PROFESSIONAL SERVICES: September 20, 2023
Whereas, CLIENT and CONSULTANT entered into a Master Agreement for Professional Services (“Master
Agreement”) as dated above; and CONSULTANT agrees to perform and complete the following Services
for CLIENT in accordance with this Task Order and the terms and conditions of the Master Agreement.
CLIENT and CONSULTANT agree as follows:
1.0 Scope of Services:
CONSULTANT shall perform the Services listed in Exhibit I – Scope of Services. All terms and conditions
of the Master Agreement are incorporated by reference in this Task Order, except as explicitly modified
in writing herein.
2.0 Fees:
CLIENT shall pay CONSULTANT in accordance with Section III of the Master Agreement and as follows:
The services described in Exhibit I – Scope of Services, Section I.A. BASIC SERVICES shall be
provided as follows:
TASK 1 – DESIGN SERVICES $ 59,600.00 (lump sum)
TASK 2 – CONSTRUCTION ENGINEERING $ 85,200.00 (hourly not to exceed)
TOTAL AUTHORIZED FEE $ 144,800.00
Funding Layout:
Estimated Federal Share (up to 95%) $ 137,560.00
Estimated Local Share (as low as 5%) $ 7,240.00
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3.0 Schedule:
Schedule for performance of Services authorized under Exhibit I – Scope of Services, Section I.A. BASIC
SERVICES, will be as follows or as set forth in Exhibit I:
TASK SERVICE DESCRIPTION DATE
1 DESIGN AND BIDDING January 2026 – July 2026
90% Submittal May 2026
Bid Opening June 2026
Grant Application (Design and Construction) On or before June 30, 2026
2 CONSTRUCTION July 2026 – December 2027
*Per IIJA FAQ, dated 9-3-2025, the deadline for BIL applications is June 30, 2026 per Q-9.
**Dates shown in schedule subject to change based on FAA grant submission deadlines for a BIL project
to be released later in the federal register, staffing availability, review time needed by FAA and/or timely
completion of construction by the prime contractor. Review time for CLIENT and FAA comments shall be
limited to one week for each submittal to maintain project schedules.
4.0 Term
In the event that the Schedule for this Task Order extends beyond the term of the Master Agreement,
either intentionally or unintentionally by Task Order Scope or by Task Order extension, then this Task
Order shall operate to extend the Master Agreement through the completion of CONSULTANT’S
obligations under this Task Order or until a new Master Agreement is executed incorporating this Task
Order.
5.0 Other Matters
None
6.0 Project Managers
Project managers and contact information for the CLIENT and CONSULTANT for this Task Order, if
different than the Master Agreement, are as follows:
Client CITY OF AMES, IA Consultant BOLTON & MENK, INC.
Name Damion Pregitzer Name Joseph Roenfeldt
Address 515 Clark Avenue, Ames, IA 50010 Address 1519 Baltimore Avenue
Office Phone: (515) 239-5160 Office Phone: (515) 240-4329
Email: damion.pregitzer@cityofames.org Email: joe.roenfeldt@bolton-menk.com
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7.0 Authorization
CITY OF AMES, IA Bolton & Menk, Inc.
By: By:
John Haila Date
Mayor
Joseph P. Roenfeldt, P.E. Date
Aviation Project Manager
Attest:
Renee Hall Date
City Clerk
ATTACHMENTS TO THIS TASK ORDER:
• Exhibit I – Scope of Services
• Exhibit II – Project Fee Estimate
• Exhibit III – Site Layout Exhibit
• Exhibit IV – Survey Limits (Not Applicable for This Task Order)
• Exhibit V – Approximate Locations of Soil Borings and Pavement Cores (Not Applicable for
This Task Order)
• Exhibit VI – Federal Contract Provisions for A/E Agreements, Updated December 29, 2025
04/01/2026
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EXHIBIT I – SCOPE OF SERVICES
DESCRIPTION
The CONSULTANT agrees to provide Design, Bidding and Construction Administration Engineering
Services for the Reconstruction Entrance Road and Parking Lot Improvements at the Ames Municipal
Airport (herein referred to as the PROJECT) that consist of following scope of work:
PROJECT UNDERSTANDING
This project will provide for installation of parking lot improvements at the Ames Municipal Airport. This
project will convert existing parking lot areas servicing the terminal area for the Ames Municipal Airport.
The existing parking lot is comprised of a mix of surfaces used for parking lot. There is the existing concrete
parking area, granular surfaced areas and grass areas available for parking vehicles. This project will result
in increased paved surfacing for parking existing vehicular traffic already utilizing the airport and parking
in the temporarily placed granular surfaced parking areas.
In the future, the City of Ames will expand on the parking lot provided by FAA funding and develop the
parking area available like what is shown in the airport ALP with local funding. Any engineering efforts
beyond a preliminary grading concept to ensure that the future improvements will be cohesive with
improvements constructed as part of this project, may be incorporated into this project task order by the
sponsor via a future contract amendment.
The improvements proposed to be completed as part of this task order, will be utilized for the design
and construction of the improvement as shown in Exhibit III – Site Layout Exhibit. The services to be
provided will be to the minimum required to allow for construction of the project improvements (i.e.
base bid improvements). Additional services can be provided for providing alternate bids for additional
improvements desired by the client or to maximize the funding. Those additional services shall be
considered extra and could be added via for a future amendment.
This work will follow the requirements of the following FAA Advisory Circulars (A.C.’s) current as the date
of this agreement:
• AC 150/5370-10H, Standards for Specifications for Construction of Airports
Additionally, the work will follow the below mentioned guidance at a minimum:
• Iowa SUDAS, Standard Specifications
• Iowa SUDAS, Design Guide
o Section 8 Parking Lots
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I.A. BASIC SERVICES
For purposes of this Task Order, the Basic Services to be provided by the CONSULTANT are as follows:
1. DESIGN & BIDDING SERVICES
1.1. Project Scoping
CONSULTANT shall confer with the CLIENT on, and ascertain, project requirements, finances,
schedules, and other pertinent matters and shall meet with FAA if needed and other
concerned agencies and parties on matters affecting the project and shall arrive at a mutual
understanding of such matters with the CLIENT. It is anticipated that there will be a maximum
of one (1) meeting with the CLIENT and/or the FAA, to review project eligibility and project
limits. The CONSULTANT will prepare and distribute meeting minutes to all attendees.
1.2. Project Meetings and Coordination with CLIENT, FAA, etc. CONSULTANT shall coordinate
with the subconsultants, CLIENT, FAA, and other applicable agencies to complete the work.
1.2.1. The task includes one meeting at the Airport, attended by the Project Manager. The
CONSULTANT will prepare for and conduct up to one (1) meeting at the Airport to
present the findings of the design phase and any alternatives and recommendations
for the project. The result of the meeting(s) will be an agreed upon project design
parameters to proceed forward with final construction documents.
1.2.2. Coordination with FAA, Local agencies, subconsultants, etc. The CONSULTANT shall
coordinate the project parameters and criteria with the project stakeholders
including the FAA, CLIENT, and Project Manager.
1.3. Topographical Surveying (Not Required for this Project)
The CONSULTANT will utilize existing topographical survey data collected from a recent locally
funded entrance project in 2025. The topographic survey data is assumed to be acceptable
for use for the project based on previously utility locates and past as-builts from projects for
private utilities.
If it is discovered during design that additional survey is needed for areas relevant to the
project, to collect any public utilities or collect any private utilities (such as airfield electrical
cables like the beacon power, the CONSULTANT will notify the CLIENT and the FAA of the need
for additional survey data collection for the PROJECT. Additional survey data can be added via
a contract amendment.
1.4. Geotechnical Investigation (Not Required for this Project)
The CONSULTANT will utilize an existing geotechnical report prepared after field collection of
multiple geotechnical borings on the existing entrance road for the project. The geotechnical
data should be acceptable for use and consistent with Iowa SUDAS standards for soil testing
and confirming soil types and soil properties to share with the contractor as part of the
bidding documents.
Although there are existing geotechnical borings in the vicinity of the project, soil types and
properties may vary from what was observed previously regardless of where it was collected.
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If it is discovered during design that additional geotechnical investigations are needed, the
CONSULTANT will notify the CLIENT and the FAA of the need for additional geotechnical
collection for the PROJECT. Additional geotechnical investigations can be added via a contract
amendment.
1.5. FAA Pavement Design Report and Form 5100
This task will consist of using information obtained in the Geotechnical Investigation and use
it to evaluate pavement sections per Iowa SUDAS Design Manual Chapter 8 for vehicular
traffic particular in parking lots.
The following effort will be completed under this task:
o Verify the pavement section based on accepted Iowa SUDAS Design Manual Section 8B-
1.F. It is anticipated that a single pavement section for rigid and flexible pavement will
be provided for this project.
o Calculate sub-excavation or undercutting subgrade for stabilization if necessary.
o Prepare Life-Cycle Cost analysis for one rigid and one flexible pavement section.
o Review proposed pavement analysis with FAA Engineer.
o Prepare FAA Pavement Design Form 5100 for the pavement section and submit it to the
FAA for approval via e-mail.
1.6. Construction Safety and Phasing Plan (CSPP)
While a CSPP is not required for this PROJECT as it is considered landside, the Consultant will
still coordinate temporary and permanent construction points with the FAA Airspace
Specialist and submit the acceptable points through the FAA’s Obstruction Evaluation /
Airport Airspace Analysis (OE/AAA) website portal for the FAA’s review.
Traffic control plans will be developed using standard details from Iowa DOT Standard Road
Plans for traffic control for the specific situation. These standard road plans will be inserted
in the project plans where appropriate and a traffic control plan showing traffic control notes
and devices needed.
1.7. Modification of Airport Design Standards
As needed, the CONSULTANT will prepare a Request for Modification of Federal Construction
Standards if found to be necessary for the project. The Mod to Standards will discuss
modifications required under the Bid Packages. The Mod to Standards will be submitted to
the CLIENT for acceptance. This document will be forwarded to the FAA for approval along
with final plans, contract documents, specifications, and the Pavement Design Report (if
required).
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1.8. 10% Review Submittal to FAA (Not Required for this Project)
1.9. 30% Review Submittal to FAA (Not Required for this Project)
1.10. 90% Review Submittal to FAA
The Engineer will submit a set of 90% drawings, engineers report and specifications to the
CLIENT for their review. The project will be reviewed with the FAA to obtain their
concurrence with the 90% preliminary design. The 90% review submittal to FAA will include:
• Prepare 90% Plans
o The plan sheets will be limited to those sheets necessary to carry out the
construction of the proposed project: Entrance Road and Parking Lot
Improvements. The following list of drawings will be used as a guideline.
Potential plans sheets listed below may be combined with other plan sheets
necessary to complete the project design. In addition, additional drawings
may be added during the design phase, if required. This list of potential plan
sheets is not meant to be an actual page count but represent potential
sheets or design considerations estimated at the time of the establishment
of this Task Order. Actual plan sheet count will vary.
▪ General:
• Title Sheet
• Legend Sheet
• General Notes
• Survey Control and Layout Plan
• Typical Sections & Details Sheet
• Quantities & Estimate Reference Information
• Traffic Control Plan & Detail Sheet
▪ Civil:
▪ Erosion Control Plan
▪ Demolition Plans
▪ Existing Conditions Plan
▪ Grading & Drainage Plans
▪ Detailed Grading Plans
▪ Geometric Layout Plans
▪ Jointing Plans
▪ Jointing Details
▪ Storm Sewer Plan and/or Plan and Profile
▪ Storm Sewer Details
▪ Subdrain Plan
▪ Subdrain Details
▪ Pavement Marking Plan
▪ Pavement Marking Details
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• Prepare 90% Specifications
o The CONSULTANT will assemble the technical specifications necessary for
the intended work. Standard FAA specifications will be utilized where
possible. Additional specifications will be prepared to address work items or
materials that are not covered by the FAA specifications.
• Prepare 90% Contract Documents
o The CONSULTANT will prepare the preliminary contract documents
including invitation for bids, instruction to bidders, proposal, equal
employment opportunity clauses, construction contract agreement,
performance bond, payment bond, Federal Requirements, Preliminary Bid
Schedule, Wage Rates, and general provisions. Preparation will include
establishing the location for the bid opening, dates for advertisement, and
description of the work schedule. Preliminary contract documents will be
prepared as early as possible during the design phase and submitted to the
CLIENT for review by the CLIENT. Also review and incorporate the CLIENT’s
general provisions and contract clauses, as required.
• Prepare 90% Special Provisions
o The CONSULTANT will prepare Special Provisions to address, or expand on,
conditions that require additional clarification.
• Prepare 90% Engineers Report
o The CONSULTANT will prepare a report following the FAA Central Region
Sponsor’s Guide recommended outline. The project will be reviewed with the
FAA to obtain their concurrence with the 90% preliminary design.
• Prepare Cost Estimate for 90% Report
o Calculate estimated preliminary quantities for the various work items.
Quantities will be consistent with the specifications and acceptable quantity
calculation practices. The CONSULTANT will then use recent bid prices and
industry standards to prepare a preliminary cost estimate.
1.11. Prepare Final Plans, Specifications, Cost Estimate, and Project Budget
1.11.1. A final set of plans, specifications and contract documents will be prepared which
incorporates revisions, modifications and corrections determined during the
CLIENT’s review of the 90% submittal.
1.11.2. Prepare Final Cost Estimate
Using the final quantities calculated following the completion of the plans and
specifications, the CONSULTANT will prepare the construction cost estimate. The
estimate will be based on information obtained from previous projects,
contractors, material suppliers, and other databases available.
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1.12. Prepare Disadvantaged Business Plan (DBE) (Not Required for this Project)
Due to current Interim Final Rule dated October 3, 2025, and the FAQ on the U.S. Department
of Transportation’s Disadvantaged Business Enterprise Program, neither the three-year DBE
Program (FAQ A.2) will be updated, nor will a project contract goal be established for the
project (FAQ D.3).
Once the Iowa Department of Transportation, as the UCP issues a revised DBE listing of
certified DBE contractors, the three-year DBE program and contract goal will be re-
established. At that time, an amendment to the Task Order will be executed to include these
services where appropriate to meet the requirements of the October 3, 2025, Interim Final
Rule.
1.13. Prepare Advertisement for Bids and Bid Documents
CONSULTANT shall prepare, reproduce, and distribute up to a total of two sets of bidding
documents for the project. CONSULTANT will submit a copy to the CLIENT for distribution to
the local and selected publications of the pending project. The CLIENT shall pay for the
associated cost of advertising. In addition, electronic copies of the bid documents will be
made available for download through the Quest Construction Document Network website
(QuestCDN). The CONSULTANT will also keep a current list of plan holders and distribute this
to interested parties upon request. This task includes coordination required to facilitate these
requests.
1.14. Respond to Bidders Questions
During the bidding process, the CONSULTANT will be available to clarify bidding issues with
contractors and suppliers, and for consultation with the various entities associated with the
project. This item also includes contacting bidders to generate interest in the project.
1.15. Prepare and Distribute Addenda
CONSULTANT shall issue addenda as appropriate to interpret, clarify, or change the bidding
documents as required by the CLIENT or the FAA. Addenda will be made available to the plan
holders either through mail, electronic mail, hand delivery or via facsimile transmission. Any
addenda that are generated as a sole result of the CLIENT’s error or omission will be
considered as extra services and the CONSULTANT shall be reimbursed for this effort as an
amendment to this contract.
1.16. Bid Opening
The CONSULTANT will attend the bid opening.
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1.17. Bid Review and Bid Tabulation
CONSULTANT shall advise CLIENT as to the acceptability of any subcontractors, suppliers, and
other persons and organizations proposed by the bidders and as to the acceptability of
substitute materials and equipment proposed by bidders. Bid documents will be verified to
review that the Contractor has met DBE goals (or made valid good faith effort). The
CONSULTANT shall prepare a spreadsheet that includes all bid items for the purpose of
evaluating the lowest bidder. The CONSULTANT shall input the as-bid unit prices into the
spreadsheet and verify mathematical computations of the bids. The CONSULTANT will then
provide recommendations to the CLIENT as to the name of the lowest responsible and
responsive bidder.
1.18. Prepare Recommendation for Award
The CONSULTANT will prepare a recommendation of award for the CLIENT to accept or reject
the bids as submitted. If rejection is recommended, the CONSULTANT will supply an
explanation for their recommendation and possible alternative actions the CLIENT can pursue
to complete the project. Once the Contract Award is made the CONSULTANT will distribute
the bid tabulations on request of the CLIENT.
1.19. Prepare Grant Application
The Application may be prepared after the project design has been completed and the bids
accepted or the FAA may require the Application to be completed early during the design
phase. Preparation of the Application will include the following:
o SF-424
o Prepare FAA Form 5100-100 including Program Narrative, discussing the Purpose and
Need of the Work and the Method of Accomplishment
o Sponsor Certification (total of six)
The CONSULTANT will submit the Application to the CLIENT for approval and signatures. After
obtaining the necessary signatures, the CLIENT will forward the signed Application to the FAA
for further processing.
1.20. Environmental Review, CATEX (Not Required for this Project)
An environmental review is required and was conducted for this project. From the FAA’s Go
Letter: “The FAA determined the proposed project is environmentally Categorically Excluded
(CATEX) per paragraph(s) B-2.4A of FAA Order 1050.1G as it relates to the National
Environmental Policy Act (NEPA). No further environmental documentation for this project is
needed.”
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2. CONSTRUCTION ADMINISTRATION
2.1. Pre-Construction Meeting
CONSULTANT will arrange for and conduct the pre-construction meeting. The Project
Manager and the Resident Engineer will establish this meeting to review Local, Federal
Aviation Administration (FAA) and project specific requirements prior to commencing
construction. The meeting will be conducted at the Airport and will include the CLIENT, IDOT
(if available), Subconsultants, FAA ADO (if available), Contractor, Subcontractors, and utility
companies. This task will include:
o Scheduling the meeting, sending invitations, providing meeting materials and pre-
meeting exhibit and material preparation.
o Obtain and review the project construction schedules from the contractor or
contractors prior to presentation at the preconstruction meeting. The CLIENT should be
provided with copies of all construction schedules.
o Prior to preconstruction meeting, furnish the name of the Project Engineer with
qualifications for approval by the CLIENT. Project Engineer means Engineer as defined
in Section 10 (Section 10-18) of the General Provisions of the construction documents.
o Preside at the preconstruction meeting, prepare a detailed record of the meeting.
Meeting minutes will be submitted to the CLIENT and all participants.
o Provide Contractor with a list of anticipated required submittals to be provided by
Contractor and discussed at the meeting.
o Provide the Contractor with additional copies of Construction Documents and digital
data (Project Drawings) as requested.
2.2. Initial Construction Survey Control Layout
The CONSULTANT will perform initial survey work to establish construction field control for
the project. This will include establishment of horizontal and vertical control for construction
staking (by contractor) as per the Project Manual.
2.3. Prepare Construction Management Plan (CMP) (Not Required for this Project)
Since the paving cost alone is not expected to exceed $500,000, preparation and submission
of a CMP is not required.
2.4. Prepare Contract Manuals
The CONSULTANT is required to check that the construction contracts are in order, Contractor
has provided proof of insurance, the bonds have been completed, and the CLIENT, Contractor
and applicable Agencies has been provided with adequate copies of the executed Contract
Manual to include the Agreement and all addenda.
The Contract Documents will be updated to include all addenda items issued during bidding
as necessary and adequate copies provided to the Contractor. Clerical will prepare the
quantity sheets, field book, testing sheets, construction report format, etc. for use by the RPR.
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2.5. Construction Management Services
The CONSULTANT will provide Construction Administration Services the scope of which is
based on the following:
o The CONSULTANT and CLIENT agree that construction engineering services furnished
shall be to the extent necessary to determine compliance with plans and specifications,
including necessary general supervision of Resident Project Representative Services
authorized by the CLIENT.
o The CONSULTANT and CLIENT agree that the Construction Engineering Services
provided by the CONSULTANT may be required to continue and exceed beyond the
construction time element stated in the CLIENT’s agreement with the construction
Contractor. When the extent of these construction services beyond the control of the
CONSULTANT occurs, the CLIENT agrees that CONSULTANT will be reimbursed for
additional Construction Engineering Services in excess of the specified construction
time period at a mutually acceptable fee negotiated at the time all the pertinent
circumstances are known.
o Nothing herein shall be construed as imposing upon the CONSULTANT’s responsibility
for the construction means, methods, techniques, sequences, safety programs, and
procedures used by contractors.
o The CONSULTANT agrees that Resident Project Representative services furnished under
this Contract shall be to observe the work and to determine compliance with the plans
and specifications, including representing the CLIENT in coordination of construction
activities among contractors and between contractors and utilities, and to
accommodate the reasonable requirements of the CLIENT on and around areas of
construction.
o When the CONSULTANT is on the site, documentation will be maintained regarding
construction progress and delays, quantities and percentages of work, tests performed,
observations made and work accepted, problems encountered and instructions given
to contractors, field changes and adjustments approved, and other records required or
otherwise necessary to maintain a record of the work.
The CONSULTANT agrees to provide Construction Administration Services that include the
following:
2.5.1. Check and monitor construction activities and certify that all project work
completed under observation of the Resident Project Representative is in
substantial compliance with the plans, specifications and contract documents
including any modifications by Change Order or otherwise, that all required tests
were performed, and that such work is recommended for acceptance.
2.5.2. Provide interpretation of plans and specifications as requested.
2.5.3. Supervise and coordinate Subconsultant contracts for field observation and quality
assurance testing.
2.5.4. Review shop drawings and certificates submitted by contractors for compliance
with design concepts, as required by the applicable sections of the technical
specifications. In addition, submittals will be checked for Buy American compliance.
14
Ames Municipal Airport Task Order #8
BMI Project No. 26X.142096.000
H:\AMES\26X142096000\0_Airport Parking Lot
Expansion\A_Project
Management\2_Contracts\Contract\Final\Ames-Parking Lot-TO No.
8-Exhibit I-Scope.docx Page 10
2.5.5. Review all periodic and final pay requests and explanation of variation between
Contract and final quantities prepared by Resident Project Representative.
Coordinate Contractor approval and signature and submit to CLIENT for approval.
2.5.6. Review weekly Construction Progress and Inspection Reports (FAA Form 5370-1) as
prepared by Resident Project Representative and submit to CLIENT and applicable
Agencies. Reports will include several photos of construction activities for the week.
These reports shall begin the week the Contractor is on-site through the week the
final inspection occurs. Reports will be submitted weekly to the FAA via PDF.
2.5.7. Prepare, review and process Field Orders, Change Orders to include a cost estimate,
cost/price analysis, record of negotiations, review, and evaluation of “Contractor’s
Request for Extension of Contract Time” and make recommendations regarding
approval to the CLIENT. Notify the Contractor that no work can start until approved
by the CLIENT.
2.5.8. Coordinate on-site inspections of construction as requested. Make
recommendations for acceptance or modification of work
2.5.9. Monitor that all testing required by the specifications is performed. Review and
approve all materials reports prepared by the Resident Project Representative
and/or Subconsultants.
2.5.10. Maintain record drawings from redline or working drawings prepared by Resident
Project Representative as accumulated during the course of construction to show
“Record Drawing” conditions.
2.5.11. Retain and review payroll reports of each contractor and subcontractor and
monitor Contractor’s compliance with paying employees as per established Federal
Davis Bacon requirements.
2.5.12. Monitor Contractor’s compliance with Disadvantaged Business Enterprise (DBE)
program (i.e. determine that the firms on the job are as stated in the plan.
Determine that the volume of work and equipment used complies with the plan.)
Report deviations to the CLIENT.
2.6. Resident Project Representative (RPR)
The CLIENT as part of this agreement authorizes Resident Engineering Services and the
CONSULTANT agrees to provide a Resident Project Representative, materials acceptance
testing, and staking services in the execution of the Construction Engineering Services for the
project work. The CLIENT and CONSULTANT agree that the CONSULTANT may employ the
Resident Project Representative on other work during periods of temporary job shutdown
when such services are not required by this project. Normally, the Resident Project
Representative will give intermittent part-time service on this project when construction is in
progress to include temporary interruptions due to weather or mechanical failure.
15
Ames Municipal Airport Task Order #8
BMI Project No. 26X.142096.000
H:\AMES\26X142096000\0_Airport Parking Lot
Expansion\A_Project
Management\2_Contracts\Contract\Final\Ames-Parking Lot-TO No.
8-Exhibit I-Scope.docx Page 11
For this Project Full-Time Resident Project Representative services will be provided. It is
anticipated the Project will be completed within 40 Working Days. This will include up to two
(4) field visits by the Project Manager and a maximum of three hundred twenty (320)
construction observation hours by the RPR. The anticipated contract time will be confirmed
at the 90% plans or thereafter. If the anticipated contract time, noted in the Task Order needs
modification from the amount in the construction contract, then an Amendment will be
completed at a later date. If additional construction observation time beyond the maximum
estimated number of hours is needed during actual construction of the project, then these
additional hours above and beyond will be considered as additional services and subject to
additional compensation.
Resident Project Representative Services shall be completed in accordance with the attached
Exhibit II, and shall include, but are not limited to, the following:
2.6.1. Coordinate with the quality assurance testing subconsultant to perform acceptance
tests required to be provided by the CLIENT in the construction Contract
Documents. Subconsultant services will be provided by Construction Materials
Testing.
2.6.2. Coordinate with Contractor regarding schedule, work progress, quality of work, and
notify contractor of equipment and methods which do not comply with the
Contract requirements. The Resident Project Representative shall notify the CLIENT
in the event that the Contractor elects to continue the use of questioned equipment
and methods. Conduct wage rate interviews and provide to Project Engineer.
2.6.3. Maintain daily records of the Contractor’s progress and activities during
construction, to include progress of all work. These records document work in
progress, quality and quantity of materials delivered, test locations and results,
instructions provided the Contractor, weather, equipment use, labor requirements,
safety problems, and changes required.
2.6.4. Evaluate and discuss potential Field Orders and Change Orders with the Contractor,
as necessary.
2.6.5. Evaluate material substitutions as requested by the Contractor.
2.6.6. Prepare, process, and distribute to Project Engineer weekly Construction Progress
and Inspection Reports (FAA Form 5370-1). Reports will include a several photos of
construction activities for the week. These reports shall begin the week the
Contractor is on-site through the week the final inspection occurs. Reports will be
submitted weekly to the FAA via PDF.
2.6.7. Measure and compute as-built quantities of all materials incorporated in the work
and items of work completed and maintain an item record account.
2.6.8. Prepare periodic Pay Requests for review by the Project Engineer and Contractor.
2.6.9. Monitor the contractor’s compliance with airport operations to include
coordination with airport manager, hangar owners and airport users, Construction
Safety Phasing Plan (CSPP) and with the Contractors Safety Plan Compliance
Document (SPCD).
16
Ames Municipal Airport Task Order #8
BMI Project No. 26X.142096.000
H:\AMES\26X142096000\0_Airport Parking Lot
Expansion\A_Project
Management\2_Contracts\Contract\Final\Ames-Parking Lot-TO No.
8-Exhibit I-Scope.docx Page 12
2.6.10. Coordinate the necessary construction staking/layout schedule as needed by the
Contractor.
2.6.11. Perform other services as reasonably required by the CLIENT and as outlined in the
Contract Documents.
2.7. Final Inspection and Documentation
2.7.1. Final Inspection
The CONSULTANT will schedule and conduct a final inspection with the CLIENT,
Contractor, FAA representatives to determine whether the project has reached
substantial completion and the work is in accordance with the plans and
specifications. The CONSULTANT will document items found to be deficient.
2.7.2. Final Punch List
The CONSULTANT will prepare a punch list correspondence including the deficient
items and will forward this correspondence to the Contractor requiring correction
of the items and request a schedule for completion. The CONSULTANT will send a
copy to the CLIENT and include a copy in the Grant Closeout Report.
2.7.3. Final Construction Certifications
Once all the punch list items have been completed to the satisfaction of the CLIENT
and FAA, the CONSULTANT will prepare a Certification of Construction Acceptance
for the project. This certification will also be included in the Grant Closeout Report.
Assemble documentation for the project closeout report once the project is
complete. This will include gathering all construction documentation, supplemental
agreements (if applicable), weekly reports, pay requests, testing result summaries,
final certification documentation, and change orders in preparation for closeout.
2.8. As-Built Plans
The project team will collaboratively assemble a set of as-built plans for the project. The as-
built plans will include field constructed conditions included as part of this Project including
any field surveying required to compute final quantities and the drawings will become record
information. The CONSULTANT shall provide CLIENT and FAA reproducible “Record Drawings”
in digital format.
2.9. Prepare As-Built Airport Layout Plan (Not Required for this Project)
2.10. Project Closeout
Prepare the closeout documentation in accordance with the AIP Sponsor Guide Section 1600.
The CONSULTANT may prepare the closeout document within 90 days of final payment to the
contractor. Closeout documentation shall include, but may not be limited to, the following:
a. Sponsor Cover Letter
b. Closeout Narrative
o Work Accomplished
o Project Cost and Funding Sources
o Project Team
o Project Milestones
17
Ames Municipal Airport Task Order #8
BMI Project No. 26X.142096.000
H:\AMES\26X142096000\0_Airport Parking Lot
Expansion\A_Project
Management\2_Contracts\Contract\Final\Ames-Parking Lot-TO No.
8-Exhibit I-Scope.docx Page 13
o Construction Photos
o Final Inspection and Punch List
o Contract time and Liquidated Damages
o QA Testing Summary
o Project Costs
o DBE Summary
c. Final SF-271 Form, Outlay Report and Request for Reimbursement for Construction
Projects
d. Final SF-425 Form, Federal Financial Report
e. Final Invoice Summary
f. Record Drawings
This work includes preparation of the documentation, coordination with the CLIENT and FAA
for review, and preparation of final documents for CLIENT approval. The CLIENT will furnish
copies of all administrative costs, as well as paperwork related to previous grant
reimbursement (drawdown) requests.
I.B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section I.A. shall not be considered part
of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services
consist of those services, which are not generally considered to be Basic Services; or exceed the
requirements of the Basic Services; or are not definable prior to the commencement of the project; or
vary depending on the technique, procedures, or schedule of the project contractor. Additional services
may consist of the following:
1. Additions to the project outside of this scope.
2. Any topographic surveying required for the Project
3. Any construction surveying required for the Project.
4. Geotechnical investigation required for the Project.
5. Hosting a pre-bid meeting.
6. Additional Field Investigation required beyond those specified.
7. Completion of additional special studies not identified in Section I.A.
8. Periodic completion of grant reimbursement requests (i.e. Credit Applications).
9. Attendance of additional meetings beyond those identified in the above scope.
10. All other services not specifically identified in Section I.A.
18
3/27/2026
JPR
Principal
Eng.Sr. Eng.Project Eng.Design Eng.Surveyor Planner Admin.
1
1.1 1 2 4 0 0 0 0 7
1.2 4 8 16 0 0 0 4 32
1.3
1.4
1.5 0 2 6 4 0 0 0 12
1.6 0 2 4 12 0 0 0 18
1.7 0 0 2 0 0 0 2 4
1.8
1.9
1.10 1 16 48 100 0 0 16 181
1.11 1 8 16 30 0 0 8 63
1.12
1.13 0 2 2 0 0 0 2 6
1.14 0 2 6 0 0 0 2 10
1.15 0 2 4 0 0 0 2 8
1.16 0 4 2 0 0 0 0 6
1.17 0 2 2 0 0 0 2 6
1.18 0 2 2 0 0 0 2 6
1.19 0 2 8 4 0 0 2 16
1.20
7 54 122 150 0 0 42 375
$80.00 $55.00 $45.00 $35.00 $57.00 $42.00 $37.00
$560.00 $2,970.00 $5,490.00 $5,250.00 $0.00 $0.00 $1,554.00 $15,824.00
$1,273.94 $6,756.45 $12,489.20 $11,943.23 $0.00 $0.00 $3,535.19 $35,998.02 2.2749 Overhead Rate
$51,822.02
$7,773.30 15%Profit
$59,595.32
$0.00
$0.00
$59,595.32
$59,600.00
Principal Eng.Sr. Eng.Project Eng.Design Eng.Surveyor Planner Admin.
2
2.1 0 2 4 0 0 0 0 6
2.2 0 0 1 1 4 0 0 6
2.3
2.4 0 1 6 0 0 0 8 15
2.5 1 12 32 68 0 0 6 119
2.6
0 4 0 40 0 0 0
6 6 6 8 6 6 6
0 24 0 320 0 0 0 344
2.7 0 2 4 0 0 0 0 6
2.8 0 1 2 4 0 0 2 9
2.9
2.10 0 10 20 2 0 0 2 34
1 52 69 395 4 0 18 539
$80.00 $55.00 $45.00 $35.00 $57.00 $42.00 $37.00
$80.00 $2,860.00 $3,105.00 $13,825.00 $228.00 $0.00 $666.00 $20,764.00
$181.99 $6,506.21 $7,063.56 $31,450.49 $518.68 $0.00 $1,515.08 $47,236.02 2.2749 Overhead Rate
$68,000.02
$10,200.00 15%Profit
$78,200.03
$7,000.00
$7,000.00
$85,200.03
$85,200.00
$144,800.00
Overhead
Subtotal Labor Cost
Direct Labor Rate
Total Direct Labor Cost
Total Person Hours
Prepare Contract Manuals
Resident Project Representative (RPR)
Subtotal Task 2
10% Review Submittal to FAA (Not Required for this Project)
30% Review Submittal to FAA (Not Required for this Project)
Prepare Disadvantaged Business Plan (DBE) (Not Required for this Project)
Construction Safety and Phasing Plan (CSPP)
Modification of Airport Design Standards
Design & Bid Administration
Project Scoping
Topographical Survey (Not Required for this Project)
Geotechnical Investigation (Not Required for this Project)
FAA Design Report and Form 5100
90% Review Submittal to FAA
Prepare Final Plans, Specifications, Cost Estimate, and Project Budget
None
Direct Labor Rate
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
Prepare Advertisement for Bids and Bid Docs
Bid Review and Bid Tabulation
Prepare Recommendation for Award
Direct Expenses
Environmental Review, CATEX (Not Required for this Project)
DATE:
PROJECT:
CLIENT:
Task Description Totals
EXHIBIT II - PROJECT FEE ESTIMATE
Task Task Description
Estimated Person Hours Required
Totals
Ames Municipal Airport
Entrance Road and Parking Lot - Design, Bidding and Construction Services
Total Expenses Task 1
Respond to Bidders Questions
Prepare and Distribute Addendums
Bid Opening
PREPARED BY:
Project Meetings and Coordination
Prepare Grant Application
Estimated Person Hours Required
Task
Project Closeout
Number of Days
Hours Per Day
Total Hours
Final Inspection and Documentation
As-Built Plans
Prepare As-Built Airport Layout Plan (Not Required for this Project)
Total Person Hours
Total Task 1 (Fixed Lump Sum)
Fixed Fee x Subtotal Labor Cost
Construction Management Services
Subtotal Task 1
ROUNDED TASK 1:
Construction Administration
Pre-Construction Meeting
Initial Construction Survey Control Layout
Prepare Construction Management Plan (CMP) (Not Required for this Project)
TOTAL PROJECT FEE
Total Expenses Task 2
Fixed Fee x Subtotal Labor Cost
Total Task 2 (Cost Plus a Fixed Fee, NTE)
Direct Expenses
Construction Testing
ROUNDED TASK 2:
H:\AMES\26X142096000\0_Airport Parking Lot Expansion\A_Project Management\2_Contracts\Contract\Final\Ames-Parking Lot-TO No. 8-Exhibit II - Project Fee Breakdown.xlsx
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CLIENT PROJ. NO.
DATEDESCRIPTION REV AMES MUNICIPAL AIRPORT
PARKING LOT EXPANSION
26X.142096.000
A 30%1/28/261519 BALTIMORE DRIVE
AMES, IA 50010
Phone: (515) 233-6100
Email: Ames@bolton-menk.com
www.bolton-menk.comR
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EXHIBIT III - SITE LAYOUT EXHIBIT
R
ALTERNATE BID A PARKING EXPANSION
BASE BID PARKING EXPANSION
20
Page 1 of 18 Updated December 29, 2025
F EDERAL C ONTRACT P ROVISIONS FOR A/E A GREEMENTS
A LL REFER E NCES MADE HEREIN TO “C ONTRACTOR ”, “P RIME C ONTRACTOR ”,
“B IDDER ”, “O FFEROR ”, AND “A PPLICANT ” SHALL PERTAIN TO THE
A RCHITECT /E NGINEER (A/E).
A LL REFER E NCES MADE HEREIN TO “S UBCONTRACTOR ”, “S UB -TIER C ONTRACTOR ”
OR “LOWE R T IER C ONT RACTOR ” S HALL PERTAIN TO ANY SUBCONSULTANT UNDER
CONTRACT WITH THE A/E.
A LL REFER E NCES MADE HEREIN TO “S PONSOR ” AND “O WNER ” SHALL PERTAIN TO
THE STATE , CITY , AIRPORT AUTHO RI TY OR OT HE R PUBLIC ENTITY EXECUTING
CONTRACTS WITH THE A/E.
PROVISIONS APPLICABLE TO ALL CONTRACTS
ACCESS TO RECORDS AND REPORTS ............................................................................................................. 3
CIVIL RIGHTS – GENERAL ............................................................................................................................... 3
CIVIL RIGHTS – TITLE VI ASSURANCE............................................................................................................. 3
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT ................................................................................................................ 6
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ......................................................... 6
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .................................................................................... 6
RIGHT TO INVENTIONS .................................................................................................................................. 6
SEISMIC SAFETY ............................................................................................................................................. 7
TAX DELINQUENCY AND FELONY CONVICTIONS .......................................................................................... 7
TRADE RESTRICTION CERTIFICATION ............................................................................................................ 7
VETERAN’S PREFERENCE ............................................................................................................................... 8
PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS) ........................................................... 9
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT ....................................................................................................................... 9
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $15,000
DISTRACTED DRIVING ................................................................................................................................. 11
EXHIBIT VI
21
Page 2 of 18 Updated December 29, 2025
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION .................................................................................................................. 11
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ................................................ 12
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ................................................................................. 13
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
CLEAN AIR AND WATER POLLUTION CONTROL .......................................................................................... 13
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $350,000
BREACH OF CONTRACT TERMS ................................................................................................................... 14
PROVISIONS APPLICABLE TO CONTRACTS CUMULATIVELY EXCEEDING $250,000 IN ONE YEAR
DISADVANTAGED BUSINESS ENTERPRISE ................................................................................................... 14
22
Page 3 of 18 Updated December 29, 2025
PROVISIONS APPLICABLE TO ALL CONTRACTS
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.334
2 CFR § 200.337
FAA Order 5100.38
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide
the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and
reports required under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
CIVIL RIGHTS – GENERAL
Reference: 49 USC § 47123
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color,
national origin, creed, sex, age, or disability be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
CIVIL RIGHTS – TITLE VI ASSURANCE
Reference: 49 USC § 47123
FAA Order 1400.11
Title VI Solicitation Notice
As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations
(49 CFR part 21) including amendments thereto, the Airport and Airway Improvement Act of 1982
(49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42
U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration
(FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any
amendments or updates thereto. This may include, as applicable, providing a current Title VI
Program Plan to the FAA for approval, in the format and according to the timeline required by the
FAA, and other information about the communities that will be benefited and impacted by the
project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application,
unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any
project supported by this grant that it complies with all federal nondiscrimination and civil rights
laws based on race, color, national origin, sex, creed, age, disability, genetic information, in
consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may
provide resources and technical assistance to recipients to ensure full and sustainable compliance
with Federal civil rights requirements. Failure to comply with civil rights requirements will be
23
Page 4 of 18 Updated December 29, 2025
considered a violation of the agreement or contract and be subject to any enforcement action as
authorized by law.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments
thereto;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Nondiscrimination Requirements / Title VI Clauses for Compliance
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “Contractor”) agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply
with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be
amended from time to time, which are herein incorporated by reference and made a part of this
contract.
24
Page 5 of 18 Updated December 29, 2025
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin, creed, sex, age, or
disability in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment
practices when the contract covers any activity, project, or program set forth in Appendix B of
49 CFR part 21 including amendments thereto.
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 a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the Contractor of the contractor’s
obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds
of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance
with such Nondiscrimination Acts and Authorities and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the Contractor will so certify to the Sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract 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 by the Acts, the Regulations, and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the Sponsor or
the Federal Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the Sponsor to enter into any litigation to protect the interests of the
Sponsor. In addition, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States.
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PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
Reference: 2 CFR § 200, Appendix II(K)
2 CFR § 200.216
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use
and procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq
2 CFR § 200.430
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions
of 29 CFR Part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as
if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor
standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation.
The Contractor must address any claims or disputes that arise from this requirement directly with the
U.S. Department of Labor – Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR Part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer
must provide a work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The employer retains full responsibility to monitor its compliance and
their subcontractor’s compliance with the applicable requirements of the Occupational Safety and
Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain
to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and
Health Administration.
RIGHT TO INVENTIONS
Reference: 2 CFR Part 200, Appendix II(F)
37 CFR Part 401
Contracts or agreements that include the performance of experimental, developmental, or research
work must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14.
Contractor must include this requirement in all sub-tier contracts involving experimental,
developmental, or research work.
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SEISMIC SAFETY
Reference: 49 CFR Part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard that provides a level of seismic
safety substantially equivalent to standards as established by the National Earthquake Hazards
Reduction Program (NEHRP). Local building codes that model their building code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At
the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of
compliance” that attests conformance of the building design and the construction specifications with
the seismic standards of NEHRP or an equivalent building code.
TAX DELINQUENCY AND FELONY CONVICTIONS
Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (P.L. 117-103) and similar
provisions in subsequent appropriations acts
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-
Procurement Regarding Tax Delinquency and Felony Convictions
The Contractor certifies:
1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
2) It is not a corporation that was convicted of a criminal violation under any Federal law within
the preceding 24 months. A felony conviction is a conviction within the preceding twenty four
(24) months of a felony criminal violation under any Federal law and includes conviction of an
offense defined in a section of the U.S. Code that specifically classifies the offense as a felony
and conviction of an offense that is classified as a felony under 18 USC § 3559.
The Contractor agrees to incorporate the above certification in all lower tier subcontracts.
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104
49 CFR Part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms as published by the USTR; and
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3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with
49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the
list of countries that discriminate against U.S. firms published by the USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and
information of a contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on
the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of
the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN’S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub-tier contractors must give preference to covered veterans as defined within 49
U.S.C. § 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-
Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. § 632)
owned and controlled by disabled veterans. This preference only applies when there are covered
veterans readily available and qualified to perform the work to which the employment relates.
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PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)
Reference: FAA Reauthorization Act of 204 (Public Law 118-63), Section 936
49 USC § 44801 note
The Bidder or Offeror certifies that they are aware of and comply with relevant Federal statutes and
regulations, including those from the Federal Aviation Administration (FAA), for operating unmanned
aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA
Reauthorization Act of 2024 (Public Law 118-63), section 936 (49 U.S.C. § 44801 note).
Contractor warrants that all UAS operations will be conducted in full compliance with all applicable
Federal Aviation Administration (FAA) regulations, including but not limited to 14 CFR Part 107, and
any other applicable local, state, or Federal laws and regulations.
Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract
related to covered unmanned aircraft systems (UAS). This includes both procurement and operational
contracts, as well as contracts with entities that operate such systems.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR Part 200, Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
Termination for Convenience (Professional Services)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience
and without cause or default on the part of Consultant. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must immediately discontinue all services
affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or
partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination for Cause (Professional Services)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an opportunity to dispute or
cure the breach.
The terminating party must provide the breaching party seven (7) days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action. The rights
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and remedies in this clause are in addition to any other rights and remedies provided by law or
under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part,
for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant
must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps,
photographs, estimates, summaries, and other documents and materials prepared by the Engineer
under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner
issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or
in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the project for more than one hundred eighty (180) days due to reasons beyond
the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If
Owner and Consultant cannot reach mutual agreement on the termination settlement, the
Consultant may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to
receive full payment for all services performed or furnished in accordance with this Agreement and
all justified reimbursable expenses incurred by the Consultant through the effective date of
termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $15,000
DISTRACTED DRIVING
Reference: Executive Order 13513
DOT Order 3902.10
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While
Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for
its employees and other work personnel that decrease crashes by distracted drivers, including policies
that ban text messaging while driving motor vehicles while performing work activities associated with
the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding
$15,000 that involve driving a motor vehicle in performance of work activities associated with the
project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR Part 180 (Subpart B)
2 CFR Part 200, Appendix II(H)
2 CFR Part 1200
DOT Order 4200.5
Executive Orders 12549 and 12689
Certification of Offeror/Bidder Regarding Debarment
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor
its principals are presently debarred or suspended by any Federal department or agency from
participation in this transaction.
Certification of Lower Tier Contractors Regarding Debarment
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
“covered transaction”, must confirm each lower tier participant of a “covered transaction” under
the project is not presently debarred or otherwise disqualified from participation in this federally-
assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror/Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to
disclose to a higher tier participant that it was excluded or disqualified at the time it entered the
covered transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR Part 200, Appendix II(E)
29 CFR § 5.5(b)
40 USC § 3702
40 USC § 3704
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic,
including watchmen and guards, in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the
sum of $29 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
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LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment
2 CFR Part 200, Appendix II(I)
49 CFR Part 20, Appendix A
Certification Regarding Lobbying
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
CLEAN AIR AND WATER POLLUTION CONTROL
References: 2 CFR Part 200, Appendix II(G)
42 USC § 7401, et seq
33 USC § 1251, et seq
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to
the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon
discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA)
and the Federal Aviation Administration.
The Contractor must include this requirement in all subcontracts that exceed $150,000.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $350,000
BREACH OF CONTRACT TERMS
Reference: 2 CFR Part 200, Appendix II(A)
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement.
Owner 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. Owner reserves
the right to withhold payments to Contractor until such time the Contractor corrects the breach or the
Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the
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 Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
PROVISIONS APPLICABLE TO CONTRACTS CUMULATIVELY EXCEEDING $250,000 IN ONE YEAR
DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR Part 26
49 USC § 47113
Solicitation Language (Solicitations with a DBE Contract Goal)
Bid Information Submitted as a matter of responsiveness:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR § 26.53.
As a condition of responsiveness, the Bidder or Offeror must submit the following information
with its proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner’s project goal;
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26
including any amendments thereto. The documentation of good faith efforts must include
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copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-
DBE subcontractor was selected over a DBE for work on the contract.
Bid Information submitted as a matter of bidder responsibility:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR § 26.53.
As a condition of responsibility, every Bidder or Offeror must submit the following information
on the forms provided herein within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner’s project goal;
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26
including any amendments thereto. The documentation of good faith efforts must include
copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-
DBE subcontractor was selected over a DBE for work on the contract.
Bid Information requirements for negotiated procurement
In a negotiated procurement, such as a procurement for professional services, the Sponsor may
allow the bidder/offeror to make a contractually binding commitment to meet the goal at the time
of bid submission or the presentation of initial proposals but provide the information required under
the above responsiveness or responsibility procedures before the final selection for the contract is
made by the recipient.
Bid Information submitted for Design-Build projects
In a design-build contracting situation, in which the Sponsor solicits proposals to design and build a
project with minimal-project details at time of letting, the Sponsor may set a DBE goal that
proposers must meet by submitting a DBE Open-Ended DBE Performance Plan (OEPP) with the
proposal. The OEPP replaces the requirement to provide the information required in paragraph (b)
of 49 CFR § 26.53 that applies to design-bid-build contracts. To be considered responsive, the OEPP
must include a commitment to meet the goal and provide details of the types of subcontracting
work or services (with projected dollar amount) that the proposer will solicit DBEs to perform. The
OEPP must include an estimated time frame in which actual DBE subcontracts would be executed.
Once the design-build contract is awarded, the recipient must provide ongoing monitoring and
oversight to evaluate whether the design-builder is using good faith efforts to comply with the OEPP
and schedule. The recipient and the design-builder may agree to make written revisions of the OEPP
throughout the life of the project, e.g., replacing the type of work items the design-builder will
solicit DBEs to perform and/or adjusting the proposed schedule, as long as the design-builder
continues to use good faith efforts to meet the goal.
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Solicitation Language (Solicitations with No DBE Contract Goal)
The requirements of 49 CFR Part 26 including any amendments thereto apply to this contract. It is
the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin
in the award or performance of this contract. The Owner encourages participation by all firms
qualifying under this solicitation regardless of business size or ownership.
Prime Contracts (Contracts Covered by a DBE Program)
Contract Assurance (49 CFR § 26.13)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The Contractor shall carry out applicable
requirements of 49 CFR Part 26, including any amendments thereto, in the award and
administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements
is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than thirty (30) calendar days from the receipt of each payment
the prime contractor receives from Owner. The prime contractor agrees further to return retainage
payments to each subcontractor within thirty (30) calendar 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 Owner. This clause applies to
both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor listed in response to the above
Solicitation Language (Solicitations that include a Contract Goal) section (or an approved substitute
DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in
which the prime contractor seeks to perform work originally designated for a DBE subcontractor
with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless the contractor obtains written consent from the Owner.
Unless the Owner’s consent is provided, the prime contractor shall not be entitled to any payment
for work or material unless it is performed or supplied by the listed DBE.
The Owner may provide such written consent only if the Owner agrees, for reasons stated in the
concurrence document, that the prime contractor has good cause to terminate the DBE firm. For
purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor,
the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the
Owner, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and
advise the Owner and the contractor of the reasons, if any, why it objects to the proposed
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termination of its subcontract and why the Owner should not approve the prime contractor's action.
If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a
response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions
of or substitutions for DBE firms put forward by offerors in negotiated procurements.
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38
U.S. Department
of Transportation
Federal Aviation Central Region 1100 Main St. Suite 800
Administration Iowa, Kansas, Missouri, Nebraska Kansas City, MO 64105
May 1, 2026
Mr. Damion Pregitzer
Traffic Engineer
City of Ames
515 Clark Avenue
Ames, IA 50010
Re: Ames Municipal Airport (AMW); Ames, IA
Potential Grant No. 3-19-0004-035
Construct Parking Lot
Subject: Concurrence to Advertise for Bids
Dear Mr. Pregitzer:
Safety Plan
A Construction Safety & Phasing Plan (CSPP) is not required for this project.
Concurrence to Advertise for Bids
After you have incorporated the attached comments and submitted written responses to our
comments, you may advertise the project. We are open to discussion regarding any comments you do
not understand or with which you disagree.
Our review does not relieve you, the Sponsor, or your Engineer of the responsibility for the accuracy,
completeness, and technical content of the plans and specifications.
What you need to submit now
• An annotated copy of the review comments, indicating how each comment was addressed (if
you have not done so already).
• One copy of the As-bid advertised Plans, Specifications, and Final Engineer’s Report.
• Draft Engineering Agreement for Construction Observation Services for review, if applicable.
What you need to submit after you open bids
• Consultant Evaluation of Bids
• Sponsor Recommendation for Award of the Construction Contract
• Bid Tabulation
• Buy American Certification Form
• Proposal of the Successful Bidder (Proposal Form, DBE Forms, etc.)
• List of DBE subcontractors including each DBE’s name, phone number, the dollar amount
and nature of their work, and evidence of when and by whom they were last certified (their
current DBE certification)
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AMW 035 Ready to Advertise
What we will do next
Upon receipt of the above information we will be in a position to evaluate the bids and offer our
concurrence in award. Please note that any construction contract awards made prior to receipt of our
letter could jeopardize Federal participation in the project.
Questions
If you have any questions, please contact me at (816) 329-2628 or ryan.m.dametz@faa.gov.
Sincerely,
Ryan DaMetz, P.E.
State Airport Engineer - Iowa
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