HomeMy WebLinkAboutA001 - Council Action Form dated October 13, 2026ITEM #:30
DATE:10-13-26
DEPT:PW
SUBJECT:2026/27 AIRPORT AIRSIDE IMPROVEMENTS PROJECT
(RECONSTRUCTION OF RUNWAY 01/19)
COUNCIL ACTION FORM
BACKGROUND:
The City has a Master Agreement with Bolton & Menk, Inc., of Ames, IA, for engineering
services at the James Herman Banning Ames Municipal Airport. Recent work has included
the design, final plans, and bidding for the Reconstruction of Runway 01/19. With
design complete and construction about to begin, two amendments to the Master
Agreement are needed for the construction phase engineering services.
Amendment No. 1 – AGIS Design Survey ($114,200, lump sum). In May 2025, the Federal
Aviation Administration (FAA) issued Engineering Policy 25-01, which updated its
requirements for the Airports Geographic Information Systems (AGIS) survey program. Also,
the Airport’s approach category is changing from “B” to “C” because of the higher approach
speeds of aircraft already using the Airport. To meet the design standards for those aircraft,
the Runway 01/19 profile must be flattened.
Together, these changes require an AGIS design survey, which the FAA uses to develop or
amend instrument flight procedures. The work includes geodetic control, aerial photography,
an aeronautical survey of the runway and navigational aids, and FAA-compliant mapping and
data submittals. It is scheduled for September 2026 through March 2027.
Amendment No. 2 – Construction Phase Services ($2,098,400). This amendment provides
the engineering services needed for the Reconstruction of Runway 01/19, project inspection
and closeout. Construction observation includes a full-time Resident Project Representative
(up to 3,894 hours), a second observer during critical operations (up to 2,130 hours), and up
to 100 field visits by the project manager.
1
Service Amount Fee Type
Construction Administration $569,600 Lump Sum
Construction Observation $1,294,700 Hourly, Not-to-Exceed
Construction Testing $74,200 Cost Plus Fixed Fee, Not-to-
Exceed
AGIS As-Built Survey $84,300 Lump Sum
As-Built Airport Layout Plan $39,400 Lump Sum
Construction Grant Application $3,600 Lump Sum
Construction Grant Closeout $32,600 Lump Sum
Total Amendment No. 2 $2,098,400
The two amendments total $2,212,600. Both are eligible for FAA reimbursement of up to
95%. The estimated local share is $110,630 ($5,710 for Amendment No. 1 and $104,920
for Amendment No. 2). The approved project budget included an estimated $2,650,000
for these services. The two amendments come in $437,400 under that estimate, and the
required local share is covered by the local funding already identified for the project.
The revised project revenues and expenses are shown below (the formatting of items in the
table matches the FAA's :
2
Fiscal
Year
Available
Revenues Amount Revised Anticipated Expenses Amount
Design Phase Design Phase
2024/25 Federal Grant -
Design (95%)$1,140,095 PSA - Design $1,196,600
2024/25
Airport
Improvements
Fund
$130,000 Design Independent Fee
Evaluation (IFE)$3,500
Construction Phase Construction Phase - FAA Grants 036/037
2025/26 Federal Grant 036
(95%) (accepted)$7,810,900 Administration/Legal/Advertisement $6,209
2026/27
Federal Grant 037
(90%) (anticipated
spring 2027)
$12,769,200 AGIS Design (Amendment No. 1)
THIS COUNCIL ACTION $114,200
2024/25
Airport
Improvements
Fund
(Reprogrammed)
$25,000 End Fire Glideslope Design $75,000
2025/26 G.O. Bonds $531,750 Construction Services THIS
COUNCIL ACTION $1,942,100
2026/27 G.O. Bonds $623,250 AGIS As-Built THIS COUNCIL
ACTION $84,300
2026/27 G.O. Bonds
(previously issued)$975,000 As-Built Airport Layout Plan THIS
COUNCIL ACTION $39,400
2026/27
Airport
Improvements
Fund
$42,500 Grant Closeout THIS COUNCIL
ACTION $32,600
Construction Contract - Runway
01/19 $19,118,791
IFE - AGIS and Construction
Services $10,000
Glide Slope Refurbishment Kits $340,000
Flight Checks $210,000
Total Available
Revenue $24,047,695 Revised Total Expense $23,172,700
Available Revenue over Anticipated Expenses*$874,995
*Federal grant reimbursement is based on actual eligible costs. Because lower eligible costs
also lower the federal share, the actual local savings will be less than the amount shown.
3
ALTERNATIVES:
1. Approve the following amendments to the Master Agreement with Bolton & Menk, Inc., of
Ames, IA, for the 2026/27 Airport Airside Improvements Project (Reconstruction of
Runway 01/19):
a. Amendment No. 1 for the AGIS Design Survey, in the lump sum amount of
$114,200.
b. Amendment No. 2 for Construction Phase Services, in an amount not to exceed
$2,098,400.
2. Do not approve the amendments. This would leave the City without the engineering
services the FAA requires to administer, inspect, test and close out the grant-funded
runway reconstruction, and to update the Airport’s AGIS data and Airport Layout Plan.
3. Refer this item back to staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
The FAA requires these engineering services to administer, inspect, test and close out
the federally funded runway reconstruction, and to update the Airport’s AGIS data and
Airport Layout Plan. The fees are less than estimates included in the approved project
budget and are eligible for 95% FAA reimbursement. Therefore, it is the recommendation
of the City Manager that the City Council adopt Alternative No. 1 a-b, as noted above.
ATTACHMENT(S):
Task Order #7 Amendment No. 1 - AGIS Design Survey
Task Order #7 Amendment No. 2 - Construction Phase Services
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Management\2_Contracts\Amendments\Addendum No. 1\Scope and Fee\136121000
- Amendment No. 1 AGIS Design.docx
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AMENDMENT #1 TO THE TASK ORDER #7 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF AMES AND BOLTON & MENK, INC.
This AMENDMENT #1 (“Amendment”) to the original Task Order #7 Agreement for Professional
Services between City of Ames, IA (“CLIENT”) and Bolton & Menk, Inc. (“CONSULTANT”) dated April 8, 2025
(the “Agreement”) is made and entered into on this ____ day of ____________________, 2026 and shall
be completed in accordance with the terms and conditions of the “Master Agreement dated September 6,
2023.
WHEREAS, the FAA released Engineer Policy guidance 25-01 “Updated Guidance for Airports
Geographic Information Systems (AGIS) Survey Program” on May 16, 2025, further clarifying requirements
on the effect of reconstruction projects on the existing runway profile that trigger additional engineering
services related to Airports Geographic Information Systems (AGIS) for the purpose of Instrument Flight
Procedure Development or Amendments.
WHEREAS, the a change in the Airport Approach Category from “B” to “C” for higher planned
approach speed of aircraft already utilizing the airport prior to proposed improvements project is triggering
profile changes to flatten the Runway 01/19 profile to accommodate the design constraints of these aircraft
resulting in the need to complete the AGIS project.
WHEREAS, the CLIENT now desires to engage the CONSULTANT, pursuant to the Agreement, to
furnish the CLIENT with AGIS Design Survey Services as additional services in connection with the
Reconstruct Runway 01/19 Project (the “Project”);
WHEREAS, CLIENT and CONSULTANT have agreed to amend the Agreement as set forth in this
Amendment and subject to the terms and conditions of this Amendment; and,
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. SCOPE ATTACHMENT. The Scope Attachment is attached and incorporated herein by
reference as Exhibit A. If the CLIENT requests or CONSULTANT performs additional services for the Project,
CONSULTANT shall make such request to CLIENT in writing, setting forth any changes or additions to the
Scope of the Agreement, including any additional deliverables requested for the Project in Exhibit A.
2. FEE ATTACHMENT. The Fee Attachment is attached and incorporated herein by reference
as Exhibit B. If the CONSULTANT requests additional fees for the services for the Project or for services
performed pursuant to Exhibit A, CONSULTANT shall make such request to CLIENT in writing, setting forth
any changes in fees and all fees associated with such additional services, in the same or substantially similar
format as Exhibit B. Exhibit C provides a detailed fee estimate breakdown.
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Ames Municipal Airport Task Order #7 Amendment #1
BMI Project No. 24X.136121.000
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Management\2_Contracts\Amendments\Addendum No. 1\Scope and Fee\136121000
- Amendment No. 1 AGIS Design.docx
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3. If CLIENT agrees to the change in scope or fees proposed by CONSULTANT in writing, the
parties will adjust the Maximum Fee to account for such changes. No claim for extra services performed by
CONSULTANT will be allowed by CLIENT except as provided in this Amendment nor will CONSULTANT
perform any services or work not previously approved by CLIENT except upon receipt of a written
amendment.
4. Additional Forms. Exhibits A and B are attached and incorporated into the Agreement.
5. All Other Terms and Conditions of the Agreement. Any conflict on inconsistency as to terms
set forth in this Amendment and the Agreement or other writing will be governed by this Amendment.
IN WITNESS WHEREOF, the parties have caused this AMENDMENT #1 to be executed by their duly
authorized representatives on the dates written below.
City of Ames, Iowa Bolton & Menk, Inc.
By: By:
John Haila Date
Mayor
Joseph Roenfeldt, P.E. Date
Aviation Project Manager
Attest:
Renee Hall Date
City Clerk
Attachments:
Exhibit A – Scope Attachment to Amendment
Exhibit B – Fee Attachment
Exhibit C – Project Fee Breakdown
Exhibit D – Federal Contract Provisions for A/E Agreements, Updated March 17, 2026
08/12/2026
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Ames Municipal Airport Amendment No. 1 to Work Order No, 7
BMI Project No. 24X.136121.000
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project
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Fee\136121000 - Amendment No. 1 AGIS Design-Exhibit I-
Scope_.docx Page 1
EXHIBIT A – SCOPE ATTACHMENT TO AMENDMENT NO. 1
This SCOPE ATTACHMENT is part of AMENDMENT NO. 1 to the Agreement. Unless otherwise agreed to in
writing by the parties, any conflict or inconsistency as to the terms set forth in the Amendment and the
Agreement shall be governed by the Amendment.
I.A. BASIC SERVICES
For purposes of this Amendment to the Task Order, the Basic Services to be provided by the CONSULTANT
are as follows:
2. AERONAUTICAL (AGIS) DESIGN SURVEY -
2.1. Geodetic Control
Geodetic Control is necessary to establish project control tied to the National Spatial
Reference System (NSRS) to establish accurate vertical and horizontal benchmarks. The
horizontal datum will be NAD83, and the vertical datum will be NAVD88. Ground surveying
will be completed to FAA AC 150/5300-18B standards.
Where available, Primary and/or Secondary Airport Control Stations (PACS/SACS) will be
utilized in conjunction with Temporary Geodetic Control on this project.
2.2. Aerial Photography
Aerial photography is required by project specifications for development of an obstruction
analysis. The photography will also be used to develop an overall airport base map of
planimetric features. The team will develop a flight plan, acquire the photogrammetry, process,
and analyze the imagery. This includes stereo photogrammetry and ortho photogrammetry as
required by FAA AC 150/5300-17C.
Ground control points for aerial imagery will be determined and surveyed to provide accuracy
for the aerial imagery acquisition. The control positions will be determined with direct ties to
the temporary control developed. The capture of aerial photography will be completed once
the ground control stations are set. For the obstruction analysis, tree canopies must be in full
bloom providing full ‘leaf-on’ conditions. One imagery acquisition flight is planned to obtain the
best imagery for base mapping and obstruction analysis. This imagery will occur during leaf-on
conditions. Ortho photography will also be collected as required in AC 150/5300-17C.
The photography flight crew will collect the imagery as required to encompass the critical areas
of the obstruction identification surfaces and planimetric base mapping. The imagery will be
processed and geo-referenced. Models will then be produced for the planimetric base mapping
and obstruction analysis. Orthophotos for the entire project area will be developed with a 1.0’
pixel resolution and a 0.5’ pixel resolution for the airport property. The photo scale will be 1” =
1.923’ for the obstruction surface areas and 1” = 3,846’ for the airport property.
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Ames Municipal Airport Amendment No. 1 to Work Order No, 7
BMI Project No. 24X.136121.000
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Scope_.docx Page 2
2.3. Aeronautical Survey
An aeronautical survey is required to obtain and document critical airside information. Ground
surveying will be completed to FAA AC 150/5300-18B standards for utilizing temporary geodetic
survey control. Multiple survey methods will be used to capture critical runway, navigational
aid (NAVAID), obstructions, and control points. This includes the following general surveying
tasks:
▪ Survey Existing Runway 01/19 ends and profile
▪ Survey Existing Runway 13/31 ends and profile (with the change in profile, runway
13/31 is not required to be done during the design AGIS due the change not exceeding
3 feet per Engineering Policy 25-01. The profile is anticipated to be collected under the
As-built AGIS. If survey of the Runway 13/31 profile is required by NGS to submit data
for the design, it will be considered additional work and subject to a contract
amendment.
▪ Monument Runway ends (if not already completed)
▪ Survey On Airport Navigational aids for all Runways
▪ All other tasks not specifically listed above as outline in FAA AC 150/5300-18, Table 2-
1 “ Survey Requirements Matrix for Instrument Procedures Development.”
The horizontal and vertical points of each NAVAID and top obstruction point will be collected.
Prior to the survey, the project team will conduct field reconnaissance and Airport interviews
to develop project understanding and ensure airfield operational safety is maintained. Airport
officials and FAA will be utilized for assistance in identifying NAVAIDS on site or off Airport
property associated with instrument approach procedure servicing the airport.
Any field survey work shall be coordinated with the Airport Manager. Field escorts are not
anticipated to be required, nor is airport badging and the surveyors shall use a Unicom radio as
required to complete the field survey.
2.4. FAA Planimetric Mapping & GIS Attributes
Aerial photography will be used to develop a planimetric map over the base mapping area
which includes the Airport property and surrounding area. The on-Airport features group and
class information populated will follow the required (not optional) critical elements as
outlined in FAA AC 150/5300-18B. The data groups rendered into attributes will include data
easily viewable via aerial photography and/or via site visit. All feature classes are excluded
from this effort unless specifically described in this scope of services. This Airport planimetric
map will include:
▪ Runways
▪ Navigational Aids
▪ All other attributes not specifically listed above as outline in FAA AC 150/5300-18B.
Table 2-1 “ Survey Requirements Matrix for Instrument Procedures Development.”
The data will be compiled into an AutoCAD format work product ready for delivery to FAA
Airports GIS compliant with FAA AC 150/5300-18B. A digital file deliverable in the appropriate
format will be completed to be uploaded to the Airports GIS website.
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Ames Municipal Airport Amendment No. 1 to Work Order No, 7
BMI Project No. 24X.136121.000
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Fee\136121000 - Amendment No. 1 AGIS Design-Exhibit I-
Scope_.docx Page 3
2.5. Project Management, Reporting, Deliverables
The Consultant will manage the overall project, including administration and coordination of
all efforts related to this work item including coordination with NGS and online portal, initial
coordination with FAA Flight Procedures, and coordination with survey staff to produce an
prepare deliverables in accordance with FAA standards, and monitoring progress towards
established project milestones.
The Consultant will not be responsible for providing the Airport with regular progress reports
to communicate the team’s progress throughout the project. As this scope has very little field
surveying and client interaction needed to complete the scope of services identified, no
progress reports are planned. When field work is needed, the Consultant will notify of the
need to be on the airfield and arrange a time to complete the field surveying with the airport
manager. Data files and reports will be prepared and delivered as defined in AC 150/5300-
16A, 17C, and 18B. The FAA requires a geodetic control report to the NGS (if applicable), an
aerial imagery report to the NGS for use in validation, and a final project completion report.
The final project completion report will include a complete synopsis of each of the survey
tasks completed.
Final deliverables to the Airport will include:
• One (1) poster-size print of the aerial photography captures as part of the project.
• AGIS-compliant survey dataset.
• FAA Airports GIS upload package. Final deliverables submitted to the FAA can be
downloaded by the CLIENT from the FAA ADIP website.
• Aerial imagery report.
• Final AGIS project completion report.
• One electronic copy of all submitted deliverables.
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. Attendance of any meetings related those not identified in the above scope. No meetings are
planned.
3. Progress reporting or progress updates to the CLIENT or the FAA.
4. Kick off meeting, FAA/NGS Coordination Meeting or Final Deliverables meetings.
5. Additional surveying beyond what is required on FAA AC 150/5300-18B, Table 2-1 “Survey
Requirements Matrix for Instrument Procedures Development.”
6. Aeronautical Survey – As-Built AGIS - As-Built AGIS Survey services will be completed under a
future separate work order(s) and/or future amendment(s) to the original Work Order.
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Ames Municipal Airport Amendment No. 1 to Work Order No, 7
BMI Project No. 24X.136121.000
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Scope_.docx Page 4
7. Survey of Runway 13/31 centerline profile.
8. All other services not specifically identified in Section I.A.
I.C. ASSUMPTIONS
1. Successful completion of aerial photography is contingent upon suitable weather conditions and
FAA-required leaf-on conditions. Delays resulting from weather or environmental conditions
beyond Consultant's control may impact project schedule.
2. Consultant assumes reasonable access to airport property, airfield areas, and navigational aids
can be obtained without escort requirements. Airport-requested escorts, security badging, access
restrictions, or operational impacts requiring additional site visits shall be Additional Services.
3. Consultant may rely upon information provided by the Airport, FAA, NGS, and other third parties.
4. Consultant shall not be responsible for errors, omissions, or delays resulting from inaccurate or
incomplete third-party information.
5. Schedule assumes timely review and response by FAA, NGS, and other agencies.
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Ames Municipal Airport Task Order #7 Amendment #1
BMI Project No. 24X.136121.000
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project
Management\2_Contracts\Amendments\Addendum No. 1\Scope and Fee\136121000
- Amendment No. 1 AGIS Design.docx
EXHIBIT B – FEE ATTACHMENT
This FEE ATTACHMENT is part of AMENDMENT #1 to the original Task Order #7 Agreement. Unless
otherwise agreed to in writing by the parties, any conflict or inconsistency as to the terms set forth in the
Amendment and the Agreement shall be governed by the Amendment.
1. The parties agree to the following additional services to complete the Project, as set forth
below:
Task 2 - AGIS Design Survey Services $114,200.00 (Lump Services)
TOTAL AUTHORIZED FEE $114,200.00
Estimated Federal Share (up to 95%) $ 108,490.00
Estimated Local Share (as low as 5%) $ 5,710.00
2. SCHEDULE: Schedule for performance of services will be modified as follows or as set forth
in the Agreement, such that all services will be completed as follows:
2 DESIGN AGIS September 2026 – March 2027
*Dates shown in schedule subject to change based on release of the grant offer by FAA, timely
execution of the grant. Initial survey work must occur during leaf on tree periods.
11
8/3/2026
JPR
Principal
Eng.Sr. Eng.Project Eng.Design Eng.Surveyor Planner Admin.
2
2.1 0 0 2 0 12 0 0 14
2.2 0 0 2 6 12 2 0 22
2.3 0 0 4 8 24 2 0 38
2.4 0 4 12 24 4 2 0 46
2.5 2 4 0 0 0 2 16 24
2 8 20 38 52 8 16 144
$85.00 $60.00 $50.00 $38.50 $57.00 $45.00 $35.00
$170.00 $480.00 $1,000.00 $1,463.00 $2,964.00 $360.00 $560.00 $6,997.00
$406.16 $1,146.82 $2,389.20 $3,495.40 $7,081.59 $860.11 $1,337.95 $16,717.23 2.3892 Overheard
$23,714.23
$3,557.13 15%Profit
$27,271.37
$86,900.00
$86,900.00
$114,171.37
$114,200.00
$114,200.00TOTAL PROJECT FEE
Total Expenses Task 2
Subtotal Task 2
ROUNDED TASK 2:
Total Task 2 (Fixed Lump Sum)
Direct Expenses
Aerial Imagery and Aeronautical Survey - Design AGIS (Photogramtry, Attibuting and Field Survey)
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Direct Labor Rate
Task Task Description
Estimated Person Hours Required
Totals
Aeronautical (AGIS) Design Survey
Geodetic Control
Aerial Photography
Aeronautical Survey
FAA Planimetric Mapping & GIS Attributes
Project Management, Reporting, Deliverables
Total Person Hours
PROJECT:AGIS Design Survey for Runway 1/19 Reconstruction PREPARED BY:
EXHIBIT 'C' - FEE ATTACHEMENT
CLIENT:Ames Municipal Airport DATE:
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project Management\2_Contracts\Amendments\Addendum No. 1\Scope and Fee\136121000 Amendment No. 1 AGIS Design-Exhibit II - Final.xlsx
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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 ................................................................................................................ 5
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ......................................................... 5
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .................................................................................... 6
RIGHT TO INVENTIONS .................................................................................................................................. 6
SEISMIC SAFETY ............................................................................................................................................. 6
TAX DELINQUENCY AND FELONY CONVICTIONS .......................................................................................... 6
TRADE RESTRICTION CERTIFICATION ............................................................................................................ 7
VETERAN’S PREFERENCE ............................................................................................................................... 8
PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS) ........................................................... 8
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT ....................................................................................................................... 9
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $15,000
DISTRACTED DRIVING ................................................................................................................................. 10
EXHIBIT D
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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 ................................................ 11
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ................................................................................. 12
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 ................................................................................................................... 13
PROVISIONS APPLICABLE TO CONTRACTS CUMULATIVELY EXCEEDING $250,000 IN ONE YEAR
DISADVANTAGED BUSINESS ENTERPRISE ................................................................................................... 14
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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
The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders
that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all
contractors will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age,
or disability in consideration for an award.
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;
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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.
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.
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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.
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.
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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.
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:
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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
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
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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.
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.
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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
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.
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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.
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.
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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.
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)(2)
29 CFR 5.8(a)
40 USC § 3702(c)
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.
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2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and
any subcontractor responsible therefore 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 $33 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.
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
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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.
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.
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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
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
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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.
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.
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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
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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AMENDMENT #2 TO THE TASK ORDER #7 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF AMES AND BOLTON & MENK, INC.
This AMENDMENT #2 (“Amendment”) to the original Task Order #7 Agreement for Professional
Services between City of Ames, IA (“CLIENT”) and Bolton & Menk, Inc. (“CONSULTANT”) dated April 8, 2025
(the “Agreement”) is made and entered into on this ____ day of ____________________, 2026 and shall
be completed in accordance with the terms and conditions of the “Master Agreement dated September 6,
2023.
WHEREAS, the CLIENT has previously engaged the CONSULTANT, pursuant to the Agreement, to
furnish the CLIENT with Design services in connection with the Reconstruct Runway 01/19 Project (the
“Project”);
WHEREAS, the CLIENT now desires to engage the CONSULTANT, pursuant to the Agreement, to
furnish the CLIENT with Construction Engineering Services, Construction Observation Services, AGIS As-Built
Services, Construction Grant Application Services and Construction Grant Closeout Services as additional
services in connection with the Reconstruct Runway 01/19 Project (the “Project”);
WHEREAS, CLIENT and CONSULTANT have agreed to amend the Agreement as set forth in this
Amendment and subject to the terms and conditions of this Amendment; and,
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. SCOPE ATTACHMENT. The Scope Attachment is attached and incorporated herein by
reference as Exhibit A. If the CLIENT requests or CONSULTANT performs additional services for the Project,
CONSULTANT shall make such request to CLIENT in writing, setting forth any changes or additions to the
Scope of the Agreement, including any additional deliverables requested for the Project in Exhibit A.
2. FEE ATTACHMENT. The Fee Attachment is attached and incorporated herein by reference
as Exhibit B. If the CONSULTANT requests additional fees for the services for the Project or for services
performed pursuant to Exhibit A, CONSULTANT shall make such request to CLIENT in writing, setting forth
any changes in fees and all fees associated with such additional services, in the same or substantially similar
format as Exhibit B. Exhibit C provides a detailed fee estimate breakdown.
3. If CLIENT agrees to the change in scope or fees proposed by CONSULTANT in writing, the
parties will adjust the Maximum Fee to account for such changes. No claim for extra services performed by
CONSULTANT will be allowed by CLIENT except as provided in this Amendment nor will CONSULTANT
perform any services or work not previously approved by CLIENT except upon receipt of a written
amendment.
4. Additional Forms. Exhibits A and B are attached and incorporated into the Agreement.
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Ames Municipal Airport Task Order #7 Amendment #2
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5. All Other Terms and Conditions of the Agreement. Any conflict on inconsistency as to terms
set forth in this Amendment and the Agreement or other writing will be governed by this Amendment.
IN WITNESS WHEREOF, the parties have caused this AMENDMENT #2 to be executed by their duly
authorized representatives on the dates written below.
City of Ames, Iowa Bolton & Menk, Inc.
By: By:
John Haila Date
Mayor
Joseph Roenfeldt, P.E. Date
Aviation Project Manager
Attest:
Renee Hall Date
City Clerk
Attachments:
Exhibit A – Scope Attachment to Amendment 2
Exhibit B – Fee Attachment
Exhibit C – Project Fee Breakdown
Exhibit D – Federal Contract Provisions for A/E Agreements, Updated March 17, 2026
08/13/2026
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EXHIBIT A – SCOPE ATTACHMENT TO AMENDMENT NO. 2
This SCOPE ATTACHMENT is part of AMENDMENT #2 to the original Task Order #7 Agreement. Unless
otherwise agreed to in writing by the parties, any conflict or inconsistency as to the terms set forth in
the Amendment and the Agreement shall be governed by the Amendment
I.A. BASIC SERVICES
For purposes of this Task Order, the Basic Services to be provided by the CONSULTANT are as follows:
3. CONSTRUCTION ADMINISTRATION
3.1. 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.
3.2. 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.
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3.3. Prepare Construction Management Plan (CMP) The Resident Project Representative (RPR)
will obtain the Contractor's Quality Control (QC) Program. After reviewing the QC Program,
the Project Engineer will prepare the construction management plan which will outline
materials testing requirements as set forth in the construction documents and contained in
FAA Advisory Circular 150/5370-10H. The plan will summarize the types and frequency of
testing required for quality acceptance in addition to the credentials of those performing the
testing. As part of the CMP quantity sheets, field book, testing sheets, construction report
format, etc. for use by the RPR will be prepared.
The Construction Management Plan (CMP) will be prepared in accordance with the AC
150/5370-12B and AIP Sponsor Guide Section 1000, submitted to the CLIENT and FAA, and
followed throughout construction.
3.4. 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.
3.5. 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.
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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:
3.5.1. Check and monitor construction activities and verify that all project work
completed under observation of the Resident Project Representative is in general
conformance 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.
3.5.2. Provide interpretation of plans and specifications as requested.
3.5.3. Supervise and coordinate Subconsultant contracts for field observation and quality
assurance testing.
3.5.4. 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.
3.5.5. Evaluate material substitutions as requested by the Contractor.
3.5.6. 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.
3.5.7. 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 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.
3.5.8. Prepare, review and process up to four (4) 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.
3.5.9. Coordinate on-site inspections of construction as requested. Make
recommendations for acceptance or modification of work
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3.5.10. 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.
3.5.11. 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.
3.5.12. 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.
3.5.13. 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.
3.5.14. Perform other services identified in the Contract Documents or authorized by the
CLIENT as Additional Services.
3.6. Final Inspection and Documentation
3.6.1. 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.
3.6.2. 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.
3.6.3. 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.
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3.7. 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.
4. CONSTRUCTION OBSERVATION
4.1. 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.
For this Project Full-Time Resident Project Representative services will be provided. It is
anticipated the Project will be completed within a specified date of August 4, 2028. This will
include up to One Hundred (100) full day field visits by the Project Manager and a maximum
of Three Thousand, Eight Hundred Ninety-Four (3,894) construction observation hours by
the RPR. A secondary RPR will be provided for up to of Two Thousand, One Hundred Thirty
(2,130) construction observation hours during critical operations. 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:
4.1.1. Coordinate with the quality assurance testing subconsultant to perform acceptance
tests required to be provided by the CLIENT in the construction Contract
Documents.
4.1.2. 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.
4.1.3. Conduct wage rate interviews and provide to Project Engineer.
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4.1.4. 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.
4.1.5. Evaluate and discuss potential Field Orders and Change Orders with the Contractor,
as necessary.
4.1.6. 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.
4.1.7. Measure and compute as-built quantities of all materials incorporated in the work
and items of work completed and maintain an item record account.
4.1.8. Prepare periodic Pay Requests for review by the Project Engineer and Contractor.
4.1.9. 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).
4.1.10. Observe the project progression for general conformance with the project plans
and specifications.
5. CONSTRUCTION TESTING
5.1. Construction Testing
Consultant will coordinate and review testing performed by an independent testing
subconsultant (Construction Materials Testing). Services provided will be the acceptance
criteria listed in the project specifications which will include field and laboratory testing such
as:
• Compaction testing of subgrade, subbase and base courses
• Strength testing of surface courses
• Thickness testing of surface courses
This task will also involve monitoring, tabulating and review of the results in addition to the
outside testing subconsultant.
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6. AGIS AS-BUILT SURVEY
6.1. Aeronautical Survey (As-Built AGIS)
This project requires As-Built aeronautical survey and mapping services that meet the
standards outlined in FAA Advisory Circular AC 150/5300-16A, -17C, and 18B. The survey
requirements and deliverables will be completed for an “As-Built Survey” as identified in Table
2-1 of AC 150/5300-18B.
The required FAA Advisory Circulars have been established to provide survey specifications
to collect safety critical and other Airport data. The specifications outline geodetic control,
aerial imagery, survey, data attribution, and delivery requirements. The applicable FAA
requirements include:
• FAA Advisory Circular 150/5300-16A General Guidance and Specifications for
Aeronautical Surveys: Establishment of Geodetic Control and Submission to the
National Geodetic Survey,
• FAA Advisory Circular 150/5300-17C, Change 1 Standards for Using Remote Sensing
• FAA Advisory Circular 150/5300-18B, Change 1 General Guidance and Specifications
for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic
Information System (GIS) Standards.
For this project, imagery will be acquired with the focus on a narrow strip imagery focused on
the runways and airfield to allow focus to safety critical data features. Orthophotos for the
airport property area will be developed with a 1.0’ pixel resolution.
Quality Standards
The project has been designed to conform to the National Map Accuracy Standards for 12”
inch orthophoto production. The photogrammetric mapping will meet all FAA and NGS
standards. Consultant will exercise reasonable care and conform to the standards of practice
ordinarily used by the photogrammetric profession.
Project Area
The project area encompasses all the new improvements as part of the project to Runway
01/19 and Runway 13/31 of Ames Municipal Airport and will emphasize Runway 01/19.
6.2. Control Surveying
The aerial photography will be completed with ABGPS control which will be used for the base
control for the geo-referencing of the aerial imagery. CONSULTANT will collect additional
control points, if required and will process the ABGPS data using COR stations and reference
it to the project control datums:
• Horizontal: North American Datum of 1983/2011 (NAD 83(2011)), in the IA State
Plane Coordinate System in US survey feet.
• Vertical: North American Vertical Datum of 1988 (NAVD 88)
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6.3. Orthophoto Mapping
CONSULTANT will use the control solution and imagery to generate a Digital Elevation Model
(DEM) of the airport runway. The imagery will be processed into color digital orthophotos
using the aforementioned DEM to rectify the images. Orthophotos for the airport property
area will be developed with a 1.0’ pixel resolution. Orthophotos will be delivered in a Geo TIFF
file (MrSID) format.
6.4. Project Management, Reporting, Deliverables
CONSULTANT will submit all data collected and associated required deliverable in the formats
specified in the appropriate advisory circulars to the FAA Office of Airports, airports surveying-
gis program. All data submissions to the FAA will be through the program’s web site.
The AC 150/5300-17C project data deliveries that will not be submitted through the web site
will be delivered on external hard drives or DVDs.
The 18B deliverables that will be uploaded to the AGIS website include:
• Statement Of Work, Imagery Plan and Survey and Quality Control Plan
• Image Delivery
• Color Digital Orthophotos
• FGDC Compliant Metadata
• Final Report
• All Digital Files Not Submitted Through the Website Will Be Delivered on External
Hard Drive or CD/DVD.
CONSULTANT will work with CLIENT to finalize a mutually agreeable schedule for the project
after FAA control plan approvals. CONSULTANT will make a reasonable effort to maintain
the agreed-upon schedule. However, should the project be interrupted by technical
problems beyond CONSULTANT’s control, including control deficiencies or map file re-
deliveries, rescheduling may become necessary.
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7. AS-BUILT ALP
7.1. Prepare As-Built Airport Layout Plan
CONSULTANT shall update the Airport Layout Plan (ALP) to depict as-built conditions as a
result of the project. These will include updating sheets to reflect the work completed on the
reconfigured taxiways/taxilanes. The CONSULTANT will attempt to obtain the previous ALP
CAD drawings to create a baseline in developing the as-built ALP. If the previous ALP drawings
cannot be obtained, the CONSULTANT will develop an ALP based on the as-built conditions. If
the digital copy of the existing ALP is not available, this will be considered additional work to
re-create a digital copy of the ALP. A scope and fee will be developed at that time. The CLIENT
will then submit a PDF copy to FAA for review and comment. CONSULTANT will address the
comments received from the FAA one time and provide a PDF copy of the ALP for CLIENT and
FAA signature. Additional comment responses beyond one iteration shall be considered
additional services.
8. CONSTRUCTION GRANT APPLICATION
8.1. Prepare Grant Application – Construction (Multiple Fiscal Years)
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.
9. CONSTRUCTION GRANT APPLICATION
9.1. Project Closeout – Construction Grants Only (Multiple Fiscal Years)
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
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o Project Milestones
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 construction surveying required for the Project.
3. Additional geotechnical investigation required for the Project.
4. Coordination with the FAA regarding impacts to FAA navigation aids.
5. Preparation of grant applications, design related services, construction related services, FAA
coordination related services or administration of grants related to FAA Owned Navaids and/or
FAA owned Navaid construction.
6. Update Airfield Signage Plans for project closeout report.
7. Additional Field Investigation required beyond those specified.
8. Completion of additional special studies not identified in Section I.A.
9. Periodic completion of grant reimbursement requests (i.e. Credit Applications).
10. Attendance of additional meetings beyond those identified in the above scope.
11. All other services not specifically identified in Section I.A.
40
Ames Municipal Airport Task Order #7 Amendment #2
BMI Project No. 24X.136121000
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project
Management\2_Contracts\Amendments\Amendment No. 2\Scope and Fee\Other
documents\136121000 - Amendment No. 2 Construction Phase.docx
EXHIBIT B – FEE ATTACHMENT
This FEE ATTACHMENT is part of AMENDMENT #2 to the original Task Order #7 Agreement. Unless
otherwise agreed to in writing by the parties, any conflict or inconsistency as to the terms set forth in the
Amendment and the Agreement shall be governed by the Amendment.
1. The parties agree to the following additional services to complete the Project, as set forth
below:
Task 3 Contract Administration $ 569,600.00 (Lump Services)
Task 4 Construction Observation $1,294,700.00 (Hourly, NTE)
Task 5 Construction Testing $ 74,200.00 (Cost Plus Fixed Fee, NTE)*1
Task 6 AGIS As-Built Survey $ 84,300.00 (Lump Services)
Task 7 As-Built ALP $ 39,400.00 (Lump Services)
Task 8 Construction Grant Application $ 3,600.00 (Lump Services)
Task 9 Construction Grant Closeout $ 32,600.00 (Lump Services)
TOTAL AUTHORIZED FEE $2,098,400.00*1
*1 The CLIENT shall pay the CONSULTANT for Construction Testing as described in Task 5, and amount
equal to the direct labor cost, overhead plus a fixed fee payment of $2,501.00 not to exceed a total of
$16,699.00. In addition, the fees for services of an independent testing subconsultant employed by the
CONSULTANT for Construction Testing Services are estimated at $55,000.00 but shall be billed at actual
cost regardless of if it is above or below the estimated amount used in the contract.
Estimated Federal Share (up to 95%) $ 1,993,480.00*1
Estimated Local Share (as low as 5%) $ 104,920.00*1
2. SCHEDULE: Schedule for performance of services will be modified as follows or as set forth
in the Agreement, such that all services will be completed as follows:
3 Construction Engineering August 2026 – December 2028
4 Construction Observation September 2026 – August 2028
5 Construction Testing September 2026 – August 2028
6 AGIS As-Built Survey August 2028 – October 2028
7 As-Built ALP October 2028 – November 2028
41
Ames Municipal Airport Task Order #7 Amendment #2
BMI Project No. 24X.136121000
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project
Management\2_Contracts\Amendments\Amendment No. 2\Scope and Fee\Other
documents\136121000 - Amendment No. 2 Construction Phase.docx
8 Construction Grant Application July 2026
9 Construction Grant Closeout November 2028 – January 2029
* Dates shown in schedule subject to change based on release of the grant offer by FAA, timely
execution of the grant and timely completion of improvements by the prime contractor.
42
8/3/2026
JPR
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
3
3.1 0 8 16 8 8 8 0 0 12 60
3.2 0 0 2 4 4 0 24 0 0 34
3.3 0 4 20 0 40 0 0 0 0 64
3.4 0 4 0 0 0 0 0 0 12 16
3.5
24 52 104 0 0 0 0 0 0 180
0 52 104 0 0 0 0 0 0 156
0 25 0 0 50 0 0 0 0 75
0 40 100 120 0 0 0 0 64 324
0 52 120 0 0 0 0 0 0 172
0 24 144 0 0 0 0 0 96 264
0 52 104 0 0 0 0 0 0 156
0 20 40 80 0 0 0 0 40 180
0 52 104 104 0 0 0 0 0 260
0 52 104 312 0 0 0 0 0 468
0 0 4 0 8 0 0 0 0 12
0 52 0 0 104 0 0 0 208 364
3.6
0 12 12 0 16 8 0 0 0 48
0 4 12 0 24 0 0 0 16 56
0 1 2 0 0 0 0 0 4 7
3.7 0 30 60 120 0 0 24 0 0 234
24 536 1052 748 254 16 48 0 452 3130
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$2,040.00 $32,160.00 $52,600.00 $28,798.00 $11,430.00 $560.00 $2,736.00 $0.00 $15,820.00 $146,144.00
$4,873.97 $76,836.67 $125,671.92 $68,804.18 $27,308.56 $1,337.95 $6,536.85 $0.00 $37,797.14 $349,167.24 2.3892 Overhead
$495,311.24
$74,296.69 15%Profit
$569,607.93
$0.00
$0.00
$569,607.93
$569,600.00
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
4
4.1
0 100 0 0 354 213 0 0 160
10 10 10 10 11 10 0 0 4
0 1000 0 0 3894 2130 0 0 640 7664
0 1000 0 0 3894 2130 0 0 640 7664
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$0.00 $60,000.00 $0.00 $0.00 $175,230.00 $74,550.00 $0.00 $0.00 $22,400.00 $332,180.00
$0.00 $143,352.00 $0.00 $0.00 $418,659.52 $178,114.86 $0.00 $0.00 $53,518.08 $793,644.46 2.3892 Overhead
$1,125,824.46
$168,873.67 15%Profit
$1,294,698.12
$0.00
$0.00
$1,294,698.12
$1,294,700.00
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
5
5.1 0 4 36 0 36 0 0 0 36 112
0 4 36 0 36 0 0 0 36 112
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$0.00 $240.00 $1,800.00 $0.00 $1,620.00 $0.00 $0.00 $0.00 $1,260.00 $4,920.00
$0.00 $573.41 $4,300.56 $0.00 $3,870.50 $0.00 $0.00 $0.00 $3,010.39 $11,754.86 2.3892 Overhead
$16,674.86
$2,501.23 15%Profit
$19,176.09
$55,000.00
$55,000.00
$74,176.09
$74,200.00
Task Task Description
Estimated Person Hours Required
Totals
Construction Administration
Pre-Construction Meeting
EXHIBIT C - PROJECT FEE ESTIMATE
CLIENT:Ames Municipal Airport DATE:
PROJECT:
Amendment No. 2 - Construction Engineering, Construction Observation, AGIS As-Built, Construction Grant Application and Construction Grant Closeout
Services PREPARED BY:
Supervise Subconsultant Testing
Review Shop Drawings
Buy American Field Review and Office Review
Pay Requests
FAA Weekly Report
Change Orders
Initial Construction Survey Control Layout
Prepare Construction Management Plan (CMP)
Prepare Contract Manuals
Construction Management Services
Check and Monitor General Conformance
Interpretation of Plans and Specifications
Final Punch List
Statement of Completion
As-Built Plans
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
Monitor Testing
Record Drawing Red Lines from Field
DBE Monitoring
Certified Payroll Review
Final Inspection and Documentation
Final Inspection
Direct Expenses
None
Total Expenses Task 3
Overhead
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Total Task 3 (Fixed Lump Sum)
Subtotal Task 3
ROUNDED TASK 3:
Task Task Description
Estimated Person Hours Required
Totals
Total Hours
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
Construction Observation
Resident Project Representative (RPR)
Number of Days
Hours Per Day
None
Total Expenses Task 4
Subtotal Task 4
Fixed Fee x Subtotal Labor Cost
Total Task 4 (Hourly, NTE)
Direct Expenses
Construction Testing
Construction Testing
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
Overhead
ROUNDED TASK 4:
Task Task Description
Estimated Person Hours Required
Totals
Direct Expenses
Construction Testing
Total Expenses Task 5
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Total Task 5 (Cost Plus Fixed Fee, NTE)
Subtotal Task 5
ROUNDED TASK 5:
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project Management\2_Contracts\Amendments\Amendment No. 2\Scope and Fee\136121000 Amendment No. 2 Construction Phase -Exhibit II - Project Fee Breakdown_8-3-26.xlsx Page 1 of 2
43
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
6
6.1 2 4 12 0 0 0 0 0 4 22
6.2 0 2 4 0 0 0 12 0 0 18
6.3 2 4 12 0 0 0 0 0 4 22
6.4 4 12 24 0 0 0 0 0 12 52
8 22 52 0 0 0 12 0 20 114
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$680.00 $1,320.00 $2,600.00 $0.00 $0.00 $0.00 $684.00 $0.00 $700.00 $5,984.00
$1,624.66 $3,153.74 $6,211.92 $0.00 $0.00 $0.00 $1,634.21 $0.00 $1,672.44 $14,296.97 2.3892 Overhead
$20,280.97
$3,042.15 15%Profit
$23,323.12
$61,000.00
$61,000.00
$84,323.12
$84,300.00
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
7
7.1 2 4 40 120 0 0 0 56 16 238
2 4 40 120 0 0 0 56 16 238
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$170.00 $240.00 $2,000.00 $4,620.00 $0.00 $0.00 $0.00 $2,520.00 $560.00 $10,110.00
$406.16 $573.41 $4,778.40 $11,038.10 $0.00 $0.00 $0.00 $6,020.78 $1,337.95 $24,154.81 2.3892 Overhead
$34,264.81
$5,139.72 15%Profit
$39,404.53
$0.00
$0.00
$39,404.53
$39,400.00
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
8
8.1 0 6 0 0 0 0 0 0 16 22
0 6 0 0 0 0 0 0 16 22
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$0.00 $360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $560.00 $920.00
$0.00 $860.11 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,337.95 $2,198.06 2.3892 Overhead
$3,118.06
$467.71 15%Profit
$3,585.77
$0.00
$0.00
$3,585.77
$3,600.00
Principal
Eng.Sr. Eng./ PM Project Eng.Design Eng.
Project
Observer
Secondary
Project
Observer Surveyor Planner Admin.
9
9.1 8 20 40 80 0 0 0 0 40 188
8 20 40 80 0 0 0 0 40 188
$85.00 $60.00 $50.00 $38.50 $45.00 $35.00 $57.00 $45.00 $35.00
$680.00 $1,200.00 $2,000.00 $3,080.00 $0.00 $0.00 $0.00 $0.00 $1,400.00 $8,360.00
$1,624.66 $2,867.04 $4,778.40 $7,358.74 $0.00 $0.00 $0.00 $0.00 $3,344.88 $19,973.71 2.3892 Overhead
$28,333.71
$4,250.06 15%Profit
$32,583.77
$0.00
$0.00
$32,583.77
$32,600.00
$2,098,400.00
AGIS As-Built Survey
Aeronautical Survey (As-Built AGIS)
Control Surveying
Orthophoto Mapping
Project Management, Reporting, Deliverables
Total Person Hours
Task Task Description
Estimated Person Hours Required
Totals
Total Task 6 (Fixed Lump Sum)
Direct Expenses
Aerial Imagery, Safety Critical Data Collection and Verification
Direct Labor Rate
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Task Task Description
Estimated Person Hours Required
Totals
As-Built ALP
Prepare As-Built Airport Layout Plan
Total Expenses Task 6
Subtotal Task 6
ROUNDED TASK 6:
Fixed Fee x Subtotal Labor Cost
Total Task 7 (Fixed Lump Sum)
Direct Expenses
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
Overhead
Subtotal Labor Cost
ROUNDED TASK 7:
Task Task Description
Estimated Person Hours Required
Totals
None
Total Expenses Task 7
Subtotal Task 7
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Total Task 8 (Fixed Lump Sum)
Construction Grant Application
Prepare Grant Application - Construction (Multiple Fiscal Years)
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
Overhead
Subtotal Task 8
ROUNDED TASK 8:
Task Task Description
Estimated Person Hours Required
Direct Expenses
None
Total Expenses Task 8
Overhead
Subtotal Labor Cost
Fixed Fee x Subtotal Labor Cost
Total Task 9 (Fixed Lump Sum)
Totals
Construction Grant Closeout
Project Closeout - Construction Grants Only (Multiple Fiscal Years)
Total Person Hours
Direct Labor Rate
Total Direct Labor Cost
TOTAL PROJECT FEE
Subtotal Task 9
ROUNDED TASK 9:
Direct Expenses
None
Total Expenses Task 9
H:\AMES\24X136121000\0_Reconstruct Runway 01.19\A_Project Management\2_Contracts\Amendments\Amendment No. 2\Scope and Fee\136121000 Amendment No. 2 Construction Phase -Exhibit II - Project Fee Breakdown_8-3-26.xlsx Page 2 of 2
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Page 1 of 16 Updated March 17, 2026
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 ................................................................................................................ 5
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ......................................................... 5
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .................................................................................... 6
RIGHT TO INVENTIONS .................................................................................................................................. 6
SEISMIC SAFETY ............................................................................................................................................. 6
TAX DELINQUENCY AND FELONY CONVICTIONS .......................................................................................... 6
TRADE RESTRICTION CERTIFICATION ............................................................................................................ 7
VETERAN’S PREFERENCE ............................................................................................................................... 8
PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS) ........................................................... 8
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT ....................................................................................................................... 9
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $15,000
DISTRACTED DRIVING ................................................................................................................................. 10
EXHIBIT VI
45
Page 2 of 16 Updated March 17, 2026
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 ................................................ 11
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ................................................................................. 12
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 ................................................................................................................... 13
PROVISIONS APPLICABLE TO CONTRACTS CUMULATIVELY EXCEEDING $250,000 IN ONE YEAR
DISADVANTAGED BUSINESS ENTERPRISE ................................................................................................... 14
46
Page 3 of 16 Updated March 17, 2026
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
The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders
that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all
contractors will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age,
or disability in consideration for an award.
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;
47
Page 4 of 16 Updated March 17, 2026
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.
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.
48
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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.
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.
49
Page 6 of 16 Updated March 17, 2026
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.
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:
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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
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
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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.
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.
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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
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.
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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.
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.
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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.
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)(2)
29 CFR 5.8(a)
40 USC § 3702(c)
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.
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2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and
any subcontractor responsible therefore 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 $33 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.
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
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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.
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.
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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
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
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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.
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.
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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
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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