HomeMy WebLinkAboutRes-2018-122 PSA CenturyWestBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHING TON
RESOLUTION NO. 2018 -) 2..i-
A WARDING A PROFESSIONAL SERVICES AGREEMENT TO CENTURY WEST
ENGINEERING FOR ENVIRONMENTAL SERVICES SUPPORTING BOWERS FIELD
AIRPORT IMPROVEMENT PLAN ENVIRONMENTAL ASSESSMENT
WHEREAS: Public Works (PW) recently completed an update to the Airport Master Plan at
Bowers Field; and
WHEREAS: Completion of the master plan update resulted in an Airport Capital Improvement
Plan at Bowers Field; and
WHEREAS: Prior to constructing any airport improvements an environmental assessment (EA)
is required supporting the 2018-2022 improvement plan; and
WHEREAS: Following a competitive selection process Century West Engineering (CW) was
selected as the preferred consultant conducting the required EA; and
WHEREAS: PW recently completed negotiations with CW and the final scope of work and fee
has been accepted by the Federal Aviation Administration for funding;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby award the professional services agreement to Century
West Engineering for environmental services at Bowers Field supporting the 2018-2022 Airport
Capital Improvement Plan.
DATED this ?1h day of August, 2018, at Ellensburg, Washington.
Attest :
.~ lerk of the Board-Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie O'Brien, Vice-Chairman
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and Ce ntury West En g ine e rin g Co rporation (hereinafter "Contractor"). The County and
Contractor agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of Insurance).
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on the June 19 , 2018, and continue
until completion of the project. Any party may terminate this Agreement by giving thirty
(30) days' notice in writing either personally delivered or mailed postage-prepaid by
certified mail, return receipt requested, to the party's last known address for the purposes
of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes),
15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement
Page 1
IN WITNESS WHEREOF, the parties have executed this Agreement this 19th day
ofJune,2018.
(Date 6/19/2018)
Joe Roshak, President
Print Name of Signatory
Contractor Address:
19515 North Creek Parkway
Federal Way, WA 98003
Project Contact: Kurt Addicott
kaddlcott@centurywest.com
Professional Services Agreement
Page2
APPROVED:
'8 /'1/18
~;JJ/a~
Vice-Chairman
Commissioner
By: __________ _
Deputy Prosecuting Attorney
County's Address:
411 North Ruby Street, Suite 1
Ellensburg, WA 98926
Project Contact: Mark Cook
mark.cook@co.kittitas.wa.us
GENERAL CONDITIONS
1 . Scope of Contractor's Services :
Contractor agrees to provide to the County services and any materials set forth in the
project narrative identified in Exhibit "A" during the Agreement period. No material, labor,
or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions :
4.1 "Additional lnsured's" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub-
Contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor's sub-
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.
4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accounting and Payment for Contractor Serv ices :
Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be
based upon billings, supported unless otherwise provided in Exhibit "B", by documentation
of units of work actually performed and amounts earned, including where appropriate, the
actual number of days worked each month, total number of hours for the month, and the
total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in
writing in advance by the Kittitas County Board of Commissioners, the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in
performance of this Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor's service pursuant to the fee schedule set forth in Exhibit "B".
Professional Services Agreement
Page 3
6. Assignment and Subcontracti ng :
No portion of this Agreement may be assigned or subcontracted to any other individual,
firm or entity without the express and prior written approval of the County.
7. lndepende·nt Contractor:
The Contractor's services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional lnsured's,
officers, agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee of Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any
employment of the Contractor or any employee of the Contractor or any sub-Contractor or
any employee of any sub-Contractor by the County at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Where required by State or Federal law, the Contractor authorizes
the County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The Contractor must pay all other taxes including, but not
limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net
Professional Services Agreement
Page4
income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
10. Regulations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Right to Review :
This contract is subject to review by any Federal or State auditor. The County or its
designee shall have the right to review and monitor the financial and service components
of this program by whatever means are deemed expedient by the County. Such review
may occur with or without notice, and may include, but is not limited to, on-site inspection
by County agents or employees, inspection of all records or other materials which the
County deems pertinent to the Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contractor shall preserve and maintain all financial records and records relating to the
performance of work under this Agreement for 6 years after contract termination, and shall
make them available for such review, within Kittitas County, State of Washington, upon
request.
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor
("Change Notice") makes changes in the Work within the general scope of
this Agreement, including, but not limited to: (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance
of any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor's
cost of, or the time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
performance of the Work shall be made to reflect such an increase or
decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shall proceed in accordance with all
Change Notices. Contractor must, within thirty (30) days after receipt of any
Change Notice that does not set forth any acceptable adjustment, submit to
the County a written statement setting forth any adjustment claimed.
Professional Services Agreement
Page 5
12.5 If any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work called for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money
due or coming due to the Contractor. The Contractor shall bear any extra expenses
incurred by the County in completing the work, and all damage sustained, or which may be
sustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the notice of termination had been issued pursuant to the Termination for
Public Convenience paragraph hereof.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County
determines, in its sole discretion that such termination is in the best interests of the
County. Whenever the Agreement is terminated in accordance with this paragraph, the
Contractor shall be entitled to payment for actual work performed at unit contract prices for
completed items of work. In the event of such termination, an equitable adjustment shall
be made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time
during the term, whether for default or convenience, shall not constitute a breach of
contract by the County.
15. Defense & Indemnity Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional lnsured's, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its
Additional lnsured's, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
Professional Services Agreement
Page 6
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Contractor, its sub-Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional lnsured's, appointed or elected officials, agents, or
employees. It is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional lnsured's, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act,
for injuries to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Kittitas. This
Agreement shall be governed by the law of the State of Washington.
18. Withho lding Payment:
In the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the
County may, upon written notice, withhold all monies due and payable to Contractor,
without penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non-Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies.
20. Contractor Commitments, Warranties and Representations :
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington, and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
Professional Services Agreement
Page 7
obligations of the Contractor under this Agreement in accordance with its
terms.
20.3 This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
20.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
21. Patent/Copyright Infringement:
Contractor will defend and indemnify the County from any claimed action, cause or
demand brought against the County; to the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
against the County in any action. Such defense and payments are conditioned upon the
following:
21.1
21.2
22. Disputes:
Contractor shall be notified promptly in writing by County of any notice of
such claim.
Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in performance or
loss results to the County.
22 .1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
Professional Services Agreement
Page 8
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the County, or (2) the happening of any event or occurrence, unless
the Contractor has given the County a written Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, and before final payment by the County. The written Notice
of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due.
23. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
and/or its consultants or sub-Contractors, in connection with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentiality :
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas
County Prosecuting Attorney or an order entered by a court after having acquired
jurisdiction over the County. Contractor shall immediately give to the County notice of any
judicial proceedings seeking disclosure of such information. Contractor shall indemnify
and hold harmless the County, its Additional lnsured's, officials, agents or employees from
all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys'
fees and costs resulting from Contractor's breach of this provision.
Professional Services Agreement
Page 9
To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work, this provision is not
breached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head
of the department for whom services are rendered , and to the Kittitas County
Commissioners, 205 W 5th Ave, Suite 108 , Ell ens burg , WA 98926. Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. Severability :
If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous :
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any
extent of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and remain
in full force and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by
the party to be bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No terms or conditions of this Agreement shall be held to be
Professional Seivices Agreement
Page 10
waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Survival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28,
30, and 31, 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nondiscrimination :
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimination in Emp loyment
In the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shall ensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, national origin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure full compliance with
local, state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color, national origin, sex, sexual orientation, marital status, age or
the presence of any sensory, mental or physical handicap.
30.4 If any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shall include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
Professional Services Agreement
Page 11
31. Prevailing ,Wage:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and Industries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Industrial Statistician of the Department of Labor and Industries. It is the Contractor's
responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and Industries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 Is not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professional Services Agreement
Page 12
GENERAL
EXHIBIT "A"
SCOPE OF WORK
Kittitas County
Bowers Field Airport
Environmental Assessment for Airport Improvements
Scope of Work
June 5, 2018_r3 Final
Bowers Field Airport (KELN or "the Airport") is owned and operated by Kittitas County (County or "the
Owner"), and is located near Ellensburg, Washington. The Airport serves general aviation (GA) users,
and does not have scheduled commercial airline service. The Airport is classified as a GA airport by
the Federal Aviation Administration (FAA) National Plan of Integrated Airport Systems (NPIAS).
The Airport is located north of U.S. Route 90 and north of Ellensburg's city center, in Kittitas County,
Washington. The Airport has an elevation of 1,763 feet above mean sea level (MSL).
PROPOSED PROJECT IMPROVEMENTS
FAA is requesting that an Environmental Assessment (EA) be conducted to evaluate the potential
impacts of the proposed airport improvements. The projects have be included in the Airport's five
year capital improvement program. The proposed projects are shown on the most recent, FAA
approved, Airport Layout Plan (2012, updated 2013). The attached exhibit titled "2018 Environmental
Assessment Projects" depicts the proposed airport improvements to be covered by the EA. The
proposed improvements are:
1. Rehabilitate Runway 11-29, including implementation of new straight-in instrument approach
procedure (IAP) to Runway 11, upgrading of Runway markings from basic to non-precision
(NP), and addressing the Magnetic Variation (MagVar) change on Runway 11-29.
2. Construct parallel taxiway system for Runway 11-29,
3. Reconfigure and rehabilitate Runway 7-25 and construct connector taxiway from Taxiway B
to Runway; and from Runway 25 to the proposed parallel taxiway; and
4. Develop hangar taxi lane and future hangar areas.
The upcoming anticipated closure of Runway 7-25 and pavement removal to break the connection
with Runway 11-29 is not included within the EA, as this is being addressed as a separate
environmental review and action by the FAA.
In addition to these targeted project improvements, the airport experiences significant flooding
issues that impact runway, taxiway, and ramp areas at the facility. The airport is located within the
floodplain of Whiskey and Mercer Creeks. Water has been observed over the runway on at least
two occasions in the past year due to overland flow from Mercer Creek that exceeds the capacity of
existing airport drainage features. Flooding issues are inter-related to upstream influences and are
part of a larger area drainage condition. Because ofthe flooding issues on Airport and the inter-
Bowers Field Airport Improvements EA
April 27, 2018
1
related nature of drainage off-site to the north of the Airport boundary; indirect additional drainage
improvements (on-site and/or off-site) may be necessary to keep the direct airfield improvements
from worsening flood conditions downstream.
ENVIRONMENTAL ASSESSMENT (EA) STUDY AREA
Hydraulic analysis will need to demonstrate that proposed improvements will not increase flood risk
to areas adjacent to the airport. Current hydraulic modeling of the 100-year (FEMA) floodplain
shows water spreading out across a majority of the airport property including over both
runways. As a result the indirect study area has been expanded to the north to account for the
potential that flood water impacts upstream from the airport property, may need to be addressed
in-conjunction with on-airport improvements, so as not to worsen flooding conditions downstream
of the Airport.
The Indirect Study Area is an area which encompasses the entire Airport and the off-site property to
the north on which there is potential for floodplain related effects to nearby Mercer and Whiskey
Creeks. The Indirect Study Area will be evaluated for indirect impacts related to the implementation
of the proposed projects.
The Direct Study Area is an area which encompasses the entire construction footprint for airport
improvements associated with the projects. This will allow the project team to understand and
evaluate potential direct impacts related to the implementation ofthe proposed plan.
The direct and indirect study areas are the same areas as the direct and indirect AP Es, respectively, as
depicted on the attached "Area of Potential Effect Exhibit".
SERVICES TO BE PERFORMED AND PROVIDED BY THE CONSULTANT
The following elements will be included in the EA:
• Preliminary {25%) Design of Project Improvements
• Alternatives Analysis
• Agency Contact and Coordination
• Permitting Activities
• Preparation of a Draft EA Report
• Conducting a Public Hearing (if requested )
• Preparation of the Final EA Report
The scope of work for this project was developed based on discussions with the County and FAA to
address specific areas of known interest or concern, provide adequate documentation to address
other impact categories, and provide a subsequent briefing with FAA staff and the Airport sponsor.
The project will also include project administration tasks as required for the Consultant to provide
supervision and direction for their employees and subconsultants, maintain the project schedule,
prepare progress reports and project correspondence, prepare invoices for services rendered, and
other project administrative tasks.
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The descriptions that follow describe the various work activities and tasks to complete the EA .
TASK 1-PROJECT MANAGEMENT/ADMINISTRATION
1. Formulate parameters for EA analysis; identify and develop the Area of Potential Effect (APE)
Exhibit; develop project description and map; and finalize the scope of work and budget. The
effort includes preparing documents to be used by the County in conducting an independent
fee estimate (IFE).
2. Carry out project administration including, but not limited to monitoring design and project
schedules, coordination of the project with the County and FAA, monitoring and reporting
technical and budget issues to the County and FAA, preparation of monthly consultant
invoices for submittal to the County. Prepare grant application for the County review and
signatures.
3. Attend meetings with the County and FAA via telephone conference and in person at County
(4 Meetings at the County, 8 Conference Calls).
Deliverables:
• Scope of work
• Budget
• Project Schedule
• Grant Application
• Pre-design meeting minutes
• Monthly Invoices
• Meeting Minutes
TASK 2 -PROPOSED ACTION, PURPOSE AND NEED, AND ALTERNATIVES
To adequately describe the proposed action a number of preliminary tasks must be completed. In
order to adequately determine the areas of disturbance anticipated to complete the proposed
improvements, surveying and preliminary design to a 25% level is included in the scope of work for
the Environmental Assessment. This level of effort will allow the Consultant to identify the required
cuts and fills and disturbance limits for the proposed improvements.
Following the completion of these initial tasks, the Consultant will develop the statement of the
Proposed Action and the Purpose and Need for the project.
Task 2.1 -Proposed Action Summary
Objective: The objective of this task is to clearly define the proposed action including providing a
detailed project description and figures that outlines the various elements of the project and how
they are correlated to the purpose and need statement. This information will be necessary in order
to complete the applications for the required environmental permitting and clearly define the limits
of the Environmental Assessment.
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Approach: The Consultant will utilize the deliverables from Tasks 1.1 through 1.3 to develop a
Proposed Action Summary and complementary figures.
Products: Proposed action summary description and supporting figures. The draft Proposed Action
Summary will be submitted to FAA for review and comment.
Task 2.2 -Purpose and Need
Objective: Define the Purpose and Need for the project.
Approach: The Consultant will develop and refine the Purpose and Need for the proposed projects .
The draft Purpose and Need will be submitted to FAA for review and comment.
Products: Draft Purpose and Need summary. The draft Purpose and Need summary will be submitted
to FAA for review and comment.
Task 2.3 -Alternatives
Objective: To summarize the alternatives evaluated and the process used to determine a preferred
alternative for the proposed action.
Approach: The Consultant will develop a summary of the alternatives evaluation process including
the following alternatives:
• Action (Preferred Alternative)
• No Action Alternative
• Alternatives Considered But Eliminated from Detailed Study
The draft Alternatives summary will be submitted to FAA for review and comment.
Products: Draft Alternatives summary description narrative and supporting figures. Detailed
descriptions and figure identifying the preferred alternative.
Task 2.4 -Topographical Survey Services
Objective: Provide sufficient survey data to prepare a 25% preliminary design of the proposed
improvements.
Approach: A topographic survey of the following area will be conducted in the following area(s):
• Runway 7-25;
o An area 500' wide, centered on Runway 7-25 centerline, and 300' beyond the end of
pavement at each threshold. Length of survey will include the existing full length of
Runway 7-25 plus 300' off of each end. Although Runway 7-25 is anticipated to be
reduced in length as part of separate actions, survey of the full length is necessary to
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address storm water improvements through this area associated with the flooding of
Runway 11-29.
o An area 150' wide by 1,000', centered on the proposed connecting taxiway from
Taxiway B to Runway 25.
• Runway 11-29;
o An area 500' wide, centered on Runway 11-29 centerline (Runway is 4,300' long),
and 300' beyond threshold bar at RW 11, and 500' beyond threshold bar at RW 29.
Approximate total length of Runway 11-29 survey is 5,100'.
o Proposed connecting taxiway areas between the parallel taxiway and Runway 11-29
will covered within the 500' wide area surveyed for Runway 11-29.
• Proposed Runway 11-29 parallel taxiway;
o An area 150' wide, centered on the proposed parallel taxiway, and southwest of the
area surveyed for Runway 11-29 (described above), and 300' beyond end of parallel
taxiway pavement at each end. Approximate length is 4,900'.
o An area 150' wide by 1,000', centered on the proposed connecting taxiway from
Runway 25 to the proposed parallel taxiway of Runway 11-29.
• Proposed hangar taxi lane area (4 acres).
• All storm structures and connecting storm pipe within airport property limits.
1) Establish horizontal (NAD 83(2011)) and vertical control (NAVD 88) for survey work at the airport.
Establish one benchmark for elevation control and a minimum of two additional points for horizontal
control. Utilize Airport PACs and/or SACs if available.
2) Conduct topographic surveying in the areas listed above to include:
a) Determine the location and elevation of each runway threshold;
b) Determine the location and elevation of each runway end of pavement;
c) Establish a centerline for the runways;
d) Collect survey points, at a 50' maximum interval, along the runway centerline; Vertical position
tolerance= 0.05'+/-.
e) Survey data for paved areas shall be collected on cross sections at a 25' max interval or a 25'x25'
max grid spacing.
f) Off pavement areas shall be collected on cross section at a 50' max interval or a 50'x50' max grid
spacing.
g) Document additional features including grade breaks, ditches, swales, slope top/toe, interface
between types of pavement (i.e., PCC and AC), pavement cuts, patches, and utility
patches/trenches.
h) The topographic survey shall show existing pavement striping/markings, edge lights and
reflectors, signs, ditches, swales, drainage structures, fences, buildings, tie-down anchors,
pavement edges (AC and PCC), gravel areas, utilities, test pits, pavement core locations,
NAVAIDS and other structures or surface features within the survey limits.
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3) Elevations on pavement areas, and for drainage structures shall be accurate to 0.01 feet and
natural ground elevations shall be accurate to 0.10 feet.
4) The survey map shall locate the airport property line; however, this is not a boundary survey.
5) The survey shall map flagged environmental areas (including wetlands), if any.
The survey shall incorporate, as much as possible, any previously collected data made available by the
County.
Products: Using the data collected from survey, a digital terrain model will be developed of the area
surveyed. A contour map will be developed at a scale of 1"=50' for use in the design. The contour
interval shall be 0.5 feet. A PDF and CAD version of the mapping, showing all existing features, will be
provided for the Sponsor and FAA.
Task 2.5 -Preliminary Design (25%}
Objective: Complete 25% preliminary design of the proposed improvements to provide sufficient
information related to the location, limits, material quantities, and construction requirements of the
proposed improvements to perform evaluations based on the various impact categories.
Approach: The Consultant will utilize the plan view of the preferred alternative for the proposed
improvements and the survey base map to complete a 25% preliminary design of the proposed
improvements. The level of design will allow the consultant to identify grade constraints and limits
and ensure that FAA design standards can be met to complete the proposed improvements. The
preliminary design will also include identification of cut/fill grading limits, material quantities, and a
detailed construction cost estimate.
The task will also include the following:
• Review past mapping, plans, documents and other available information pertaining to the
project.
• Make recommendations and prepare the preliminary design alternatives for surface and
subsurface drainage within the direct and indirect study area. Drainage improvements will
be developed for the identified airfield projects outlined in the scope, as well as any necessary
improvements within the airport property boundary or indirect study area to alleviate airfield
improvements from worsening flood conditions off property. Drainage features may include
inlets, pipes, underdrains, ditches, swales, manholes, and other appurtenances to provide site
drainage.
• Prepare preliminary design alternatives for runways, taxilanes, and taxiways.
Plan and profiles, and additional design items including pavement, lighting, signage, NAVAIDs,
and other associated facility improvements, will be designed per the appropriate Aircraft
Approach Category (AAC) and Airplane Design Group (ADG). Runway 11-29 will be designed
as a B-11. Runway 7-25 will be designed as a B-1. Project assumes implementation (by FAA
Flight Procedures) of new straight-in instrument approach procedure (IAP) to Runway
11, and design for upgrading of Runway markings from basic to non-precision (NP),
and addressing the Magnetic Variation (MagVar) change on Runway 11-29.
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• Prepare preliminary design alternatives and plans for grading improvements. Design will be
completed to meet the appropriate Aircraft Approach Category (AAC) and Airplane Design
Group (ADG) standards.
• Prepare a demolition plan to depict civil and electrical items scheduled for removal.
• The project manager and project engineer will make 1 site visit and inspection during the
survey.
• Attend a 25% review meeting with County to discuss alternatives and cost .
The project manager and project engineer will attend the meeting.
• Prepare summary of the preferred alternative and the
preliminary quantity and construction estimates for the project .
associated
Solicit, receive, record and incorporate into the final form of the preliminary design
documents, all comments on preliminary design from the County and FAA .
Products: 25% Preliminary Design of the proposed improvements including site layout plan, grading
and drainage plan, and construction cost estimates for each project that includes quantities for each
construction material. This information will be utilized in the development of the proposed action
summary.
Deliverables:
• Proposed Action Summary
• Draft Purpose and Need Summary
TASK 3-ENVIRONMENTAL PERMITTING AND COORDINATION
Task 3.1 -Agency Meetings/Site Visits/Coordination
Objective: The objective of this task is to contact all local, state, and federal agencies that have formal
responsibility for the specific impact categories listed in Exhibit 4-1 of FAA Order 1050.lF. The
Consultant will conduct coordinated meetings with the County, FAA, and additional permitting
agencies as required .
Approach: It is assumed that the Consultant will attend four agency meetings. The following are the
assumptions of the two meetings with the agencies and participate in three conference calls:
• One (1) meeting with FAA and the County.
• One (1) meeting with the County.
• Three (3) conference calls with the permitting agencies and the County, if required .
The Consultant w ill provide Agencies with an already assembled project description and project site
plan, identifying areas of potential impact and location of nearby natural resources .
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Products: The Consultant will prepare and distribute a project information summary and contact
letters and obtain responses or other documentation from the agencies listed in the following Table
3.1:
Table 3.1: Impact Category Agency Coordination List
WATER QUALITY; AIR QUALITY; NOISE Washington State Department of Ecology
WETLANDS Washington State Department of Ecology
US Army Corps of Engineers
HISTORIC, CULTURAL AND DAHP; Colville Confederated Tribes, the Samish
ARCHAEOLOGICAL RESOURCES Indian Nation, the Snoqualmie Tribe, and the
Yakama Tribe
ENDANGERED AND THREATENED SPECIES OF Washington Department of Fish and Wildlife;
FLORA AND FAUNA US Department of Fish and Wildlife Service;
National Marine Fisheries Service
BIOTIC COMMUNITIES Washington Department of Fish and Wildlife;
Department of Ecology; Washington State
Department of Natural Resources; US
Department of Fish and Wildlife Service
FLOODPLAINS FEMA; Kittitas County
FARMLAND USDA-Natural Resources Conservation Service
LAND USE COMPATIBILITY Kittitas County
SOCIAL IMPACTS; Kittitas County; Department of Ecology;
INDUCED SOCIOECONOMIC IMPACTS; Washington State Board of Health; US Census
ENVIRONMENTAL JUSTICE Bureau
SPECIAL LAND USES, DOT SECTION 4{f) LANDS Kittitas County
ENERGY SUPPLY AND NATURAL RESOURCES Local Electrical Power Utility
LIGHT EMISSIONS AND VISUAL EFFECTS Kittitas County
ESSENTIAL FISH HABITAT Washington Department of Fish & Wildlife;
National Marine Fisheries Service; US
Department of Fish and Wildlife Service
MIGRATORY BIRD ACT Washington Department of Fish & Wildlife; US
Department of Fish and Wildlife Service
CUMULATIVE IMPACTS All Sources
COASTAL MANAGEMENT ZONE PROGRAM Department of Ecology; Washington State
Coastal Zone Program
WILD & SCENIC RIVER ACT U.S. Depts. Of Interior and Agriculture
HAZARDOUS MATERIALS Department of Ecology
SOLID WASTE IMPACTS Department of Ecoloqy
CONSTRUCTION IMPACTS Department of Ecology
Task 3.2 -Cultural Resources Survey
Objective: Complete a survey and study of Cultural Resources within the Area of Potential Effect (APE)
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to be utilized for consultation with DAHP, and Colville Confederated Tribes, the Samish Indian Nation,
the Snoqualmie Tribe, and the Vaka ma Tribe.
Approach: After a review period (approximately 30 days) of a project description and graphic
depiction of the APE, a cultural resource survey (pedestrian survey) will be performed for the
proposed improvements identified in the APE. Subsurface investigations will be performed, if
necessary. A cultural resource study will also be performed and will include a background records
review of the DAHP holdings and records of known archaeological and historic-period resources for
the Airport.
The Consultant will assemble, and provide FAA with, a project description and graphic depiction of
the APE for FAA's use in initiation of Section 106 and Government to Government consultation. The
archeological field description described below will occur after a comment period of approximately
30 days. Comments received during this review period may result in a revised APE or adjustment to
this approach.
The Consultant will conduct an archaeological field inspection of the proposed improvement area,
review the proposed plans for improvements to the Airport and facilities, and will use existing
historical and archaeological information to assess the potential for cultural resource impacts to occur
to known resources. The results of the background research, mapping of proposed improvements,
field verification of resources, and comparisons with documented resources, will be prepared as a
technical report. The work will be done by qualified staff that meets the Secretary of the Interior's
professional qualifications standards in archaeology and architectural history. The work will be done
in compliance with Section 106 of the National Historic Preservation Act, and will follow DAHP
guidelines for review by FAA.
Products: A draft of the project description, graphic depiction of the APE, and cultural resources
survey technical report will be provided for review by FAA and the County. Review comments will be
addressed in the final version of the description, graphic depiction, and report. Electronic version and
two hard copies of the final cultural resources report will be provided to FAA for distribution to DAHP
and the Tribes.
Task 3.3 -Environmental Inventory (Threatened & Endangered, Federally and State Listed Species)
Objective: Consultant will conduct an environmental inventory to determine if any rare,
threatened, and endangered plant and animal species exist within the vicinity of the study area .
Approach: Utilizing existing maps of the airport environs and existing environmental documents,
the Consultant will prepare an environmental inventory/overview within 1 mile ofthe Airport.
Regulatory agencies will be contacted to gather background information.
A field verification of site conditions will be conducted, and will include a reconnaissance level
analysis of resources. This summary is intended to reference any known or potential environmental
conditions or issues that could be affected by proposed airport development that have been
identified in recent environmental efforts conducted on the airfield. The consultant will request
information from the National Marine Fisheries Service (NMFS), Washington Department of Fish and
Wildlife (WDFW) and the US Fish and Wildlife Service (USFWS) to identify any rare, threatened, and
endangered plant and animal species that have been documented within the vicinity of the Airport.
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Based on previous site investigations, conducted during the Airport Master Plan project, no
significant biotic resources are anticipated. As such, this scope does not include a Biological
Assessment.
Products: The Consultant will gather this information along with any information received from
correspondence in Task 3.1 and provide a summary memorandum to the FAA and the County for
submission to the WDFW and USFWS.
Task 3.4 -Wetland Delineation and Functional Assessment
Objective: Complete a Wetlands Delineation within the Direct Study Area .
Approach: Consultant will complete wetland delineation and prepare a Wetland Delineation Report
that details the current condition and extent of wetlands in the direct study area; flagged wetland
boundaries will be surveyed as discussed in Task 2.4. Consultant will prepare a report suitable for
submittal to the US Army Corps of Engineers (Corps) for permitting under Section 404 of the Clean
Water Act and to the County for permitting under its critical area ordinance. The report will include
information on the topography, vegetation, soils, and hydrology of each wetland in the project area
and will include data sheets documenting upland and wetland areas. Consultant will survey the
wetland boundaries in the field and a map showing wetland boundaries will be included in the
delineation report.
Products: A draft report of the Wetlands Delineation report will be provided for review by the FAA
and the County for review and comment. Upon revision, review comments will be addressed in the
final report.
Task 3.5 -Floodplain Assessment
Objective: Complete a hydraulic engineering analysis to assess potential for the proposed projects to
impact floodplains associated with the nearby Whiskey and Mercer Creek, and determine flood
reduction alternatives.
Approach: Consultant will complete a floodplain assessment and prepare a report that details the
current conditions, the potential for the proposed projects to impact floodplains and create flooding,
and recommended impact reduction alternatives. Hydraulic modeling will be performed as part of the
assessment. Previously collected data and information will be utilized to the greatest extent possible
while performing the assessment and formulating the report. The report will document assessment
study methods, assumptions, analyses and results and be consistent with Kittitas County Code,
including Chapter 14.08, Flood Damage Prevention. The results of the report will be used to formulate
design alternatives, the 'preferred alternative', and potential for impacts to floodplains and obtaining
a floodplain development permit, if needed (See Task 3.9). The alternatives analysis will consider
flood alleviation for the on-site projects; as well as any in-direct on-site or off-site flood alleviation
improvements (as necessary) to mitigate worsening of flood impacts to in-direct areas.
Should other floodplain related activities be necessary, Consultant will prepare a separate scope and
fee to assist as needed. This additional work will be conducted under a separate agreement or as an
amendment to this scope of work.
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Products: A draft of the Floodplains Assessment report will be provided for review by the FAA and
the County for review and comment. Review comments will be addressed in the final report.
Task 3.6 -Air Quality
Objective: To provide an analysis of the impacts of the projects to the local air quality .
Approach: The Consultant will coordinate with the Department of Ecology (Ecology) Central Regional
Office to identify regional air quality concerns and potential impacts, as needed. Kittitas County is not
within an air quality non-attainment or maintenance area and Bowers Field is therefore not required
to provide documentation for compliance with EPA's General Conformity Regulations. EPA's general
conformity guidance for airports encourages airport operators to 1) develop comprehensive
emissions inventories for their facilities, 2) generate estimates of future activities and associated
emissions, and then 3) work with local and state air quality agencies to ensure that any corresponding
maintenance plans accurately reflect and account for all emissions at the airport and growth rates for
operations at the airport.
Products: The Consultant will complete a conformity evaluation based on an emissions inventory.
The conformity evaluation will be conducted in a qualitative manner and will not include air emissions
modeling software analysis (e.g., SPECIATE, PM Calculator). A summary of the conformity evaluation
will be provided within the Air Quality section of the EA.
Task 3.7 -Greenhouse Gas (GHG) Emissions/Climate
Objective: To provide an analysis of the impacts of the projects to the local air quality .
Approach: The Consultant will review the environmental impacts of the proposed project alternatives
considering GHG emissions. The review will consider the potential incremental change in GHG
emissions from the proposed project and alternatives compared to the no-action alternative for the
same timeframe. The summary report will discuss the context for interpreting and understanding the
potential changes and identify suitable mitigation techniques.
Products: The Consultant will gather this information and provide a summary of the Greenhouse Gas
emissions and any subsequent potential impacts of the projects on the local air quality.
Task 3.8 -Affected Environment
Objective: Consultant will update the 2016 Environmental Inventory prepared for the Sponsor based
on a field visit to the site and desktop research The Environmental Inventory is intended to reference
any known or potential environmental conditions or issues that could be affected by proposed airport
development projects or that have been identified in recent environmental efforts conducted on the
airfield. It documented land uses, water quality issues, drainage patterns, flood issues, parks and
recreational areas, and hazardous materials as well as other potential impacted categories.
Approach: The consultant will verify the information in the 2016 Environmental Inventory and update
it if necessary to reflect current conditions within the direct and indirect study areas. Regulatory
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agencies will be contacted to gather background information and the project scope will be formally
coordinated with federal and state agencies as described in Task 3.1.
The consultant will conduct a reconnaissance level field visit to verify conditions identified in the
Environmental Inventory and will update it if necessary related to the direct or indirect study areas.
A field verification of site conditions will be conducted, and will include a reconnaissance level analysis
of resources.
Products: The Consultant will gather this information and provide a summary of all required affected
categories in the EA. If additional studies are required based on the information obtained through
these tasks, a separate scope and fee will be negotiated based on the specific requirements identified.
Task 3.9 -Preparation & Submittal of Required Permit/Consultation Submittals
Approach: Consultant will prepare and submit required documentation for needed consultations and
permitting.
Products: Expected Permitting/Consulta ion Requirements for the proposed action can be assumed
at this point based on the limits and extent of impact determined to date. This scope of work limits
its scope to the list of permit applications/deliverable for the associated agencies; any deliverables
not on this list are to be considered 'Additional/Unexpected'.
Deliverables: The following summarizes permit applications and supporting documents to be
provided to the various agencies:
• Department of Archaeology and Historic Preservation -Project description and graphic
depiction of the APE & Cultural Resource Report
• Tribal Contacts -Project description and graphic depiction of the APE & Cultural Resources
Survey & Technical Reports to the Tribes. Tribes anticipated to be consulted by FAA include
Colville Confederated Tribes, the Samish Indian Nation, the Snoqualmie Tribe, and the
Yakama Tribe.
• US Army Corps of Engineers (Corps); Department of Ecology (Ecology); Kittitas County-
Wetlands Delineation report. Mitigation Plan (if needed), Joint Aquatic Resources Permit
Application (JARPA). If wetlands are impacted, is anticipated that a Nationwide Permit from
the Corps and Ecology will be required and that a Critical Areas Permit from the County will
be required.
• Kittitas County-Floodplains Assessment Report, Floodplain Development Permit
Application
• Kittitas County-State Environmental Policy Act (SEPA) Checklist. It is anticipated that the
County will issue a Determination of Non-significance (DNS) or Mitigated DNS.
• WDFW -Hydraulic Project Approval.
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Add itional/Unexpected Permitting Requirements
If, through agency contacts, it is found that additional permits are needed or if additional
investigations are necessary to prepare such permits (e.g., a Section 404 Individual Permit), such
additional activities are considered beyond the scope of this work and will be negotiated and
authorized under a separate agreement or as an amendment to this scope or work.
Task 3.10 -FAA Status Briefing
Objective: The purpose of this task will be to present the preliminary findings resulting from agency
contacts to the County and FAA.
Approach: The Consultant will provide the County and FAA with a briefing of the results from the
preceding tasks to determine if FAA would require additional investigations, analysis, research, or
documentation. The briefing will be conducted via a telephone conference call.
Product: The Consultant will provide a summary of preliminary findings to the County and FAA for
review, prior to the status briefing. The Consultant will prepare meeting minutes summarizing the
briefing with FAA.
Deliverables:
• Minutes from the FAA Status Briefing
TASK 4 -ENVIRONMENTAL ASSESSMENT
Task 4.1 -Prepare Preliminary Draft EA
Objective: Prepare a Preliminary Draft EA for review by the County and FAA. The County and FAA will
provide comments on the Preliminary Draft EA, and the Draft EA will then be prepared to reflect the
County and FAA comments on the Preliminary Draft EA.
Approach: The Consultant will prepare a Preliminary Draft EA for FAA. The EA will be prepared
according to outline specified in FAA Order 5050.4B, The Airpo rt Environmental Handbook and
1050.lF. This standard format consists of the following items:
• Cover Sheet
• Purpose and Need
• Proposed Action
• Alternatives (including the 'No Action' Alternative)
• Affected Environment
• This section will include location and vicinity mapping and a copy of the Airport Layout
Plan.
• Environmental Consequences:
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• This section will provide concise analyses of the potential environmental impacts the
Preferred Alternative may cause versus the "No Action" Alternative.
The following environmental impact categories will comprise the Environmental Consequences
section of the EA. Environmental impact categories to be addressed include :
4.1.1 Air Quality-See task 3.6 .
4.1.2 Biotic Resources -Consultant will review the applicable work product from Task 3.3 and
complete a summary and assessment of potential impacts to any biotic resources identified in the
study area. Impacts will be evaluated for the No Action and Proposed Action alternatives. If needed,
the Consultant will develop recommendations for avoidance, minimization, and mitigation measures.
4.1.3 Coastal Barriers -Consultant will coordinate with Washington State Department of Ecology and
the Washington State Coastal Zone Program as required .
4.1.4 Coastal Zone Management -Consultant will coordinate with the Washington State Department
of Ecology and the Washington State Coastal Zone Management Program as required.
4.1.5 Compatible Land Use -Consultant will coordinate with Kittitas County as required.
4.1.6 Construction -Consultant will summarize impacts from anticipated construction activities and
consider best management practices to avoid and minimize impacts.
4.1.7 Section 4(f) -Consultant will prepare documentation to support FAA for Section 106
consultation with DAHP and Government to Government consultation with the Tribes. Consultant
will review the project to assess Section 4(f) requirements to determine if the use of any publicly
owned land from a public park, recreation area , or wildlife and waterfowl refuge of national, state or
local significance or land of an historic site of national, state or local significance is impacted. If
identified, the consultant will review if other feasible and prudent alternatives to the use of such land
and such program exist or that the project includes all possible planning to minimize harm resulting
from the use .
4.1.8 Federally-listed Endangered and Threatened Species -Consultant will review the applicable
work product from Tasks 3.3 and complete a summary and assessment of potential impacts to any
Federally proposed or listed Endangered and Threatened Species identified in the study area. Impacts
will be evaluated for the No Action and Proposed Action alternatives. If needed, the Consultant will
develop recommendations for avoidance, minimization, and mitigation measures.
4.1.9 Energy Supplies, Natural Resources, and Sustainable Design -Consultant will review proposed
improvements, construction techniques, and materials to assess opportunities and impacts.
4.1.10 Environmental Justice -Consultant will conduct analysis considering the potential of Federal
actions to cause disproportionate and adverse effects on low-income or minority populations.
Consultant will utilize available data (secondary sources) related to local and regional population,
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employment, and other relevant socioeconomic conditions (historic data/trends and future
projections). This data may include state and regional economic data, tourism activity and trends, and
area military or other state or federal government activity, as appropriate. Agency sources and
coordination are anticipated to include Kittitas County, Department of Ecology, Washington State
Board of Health, and US Census Bureau. Consultant will consider if the proposed action would have
a disproportionately high and adverse human health or environmental effects on minority and low-
income population based on data collected .
4.1.11 Farmlands -Consultant will coordinate with USDA Natural Resources Conservation Service.
Because the study area is entirely within the current airport boundary and is currently zoned for
airport development, it is not anticipated that a Farmland Conversion Impact Rating form (AD-1006)
will be required.
4.1.12 Floodplains -Consultant will review the applicable work product from Task 3.5 and complete
a technical report describing any potential impacts the project may have on floodplains.
4.1.13 Greenhouse Gas (GHG) Emissions/Climate -Although there are no federal standards for
aviation-related GHG emissions, it is well-established that GHG emissions can effect climate. The
Council on Environmental Quality (CEQ) has indicated that climate should be considered in NEPA
analyses. This task includes preparation of a qualitative air quality and GHG emissions summary in
accordance with FAA Order 1050.lF.
Consultant will review the environmental impacts of the proposed project alternatives considering
GHG emissions. The review will consider the potential incremental change in GHG emissions from
the proposed project and alternatives compared to the no-action alternative for the same timeframe.
The proposed action or alternative is not thought to reasonably increase GHG emissions over the no-
action alternative and therefore not substantially contribute to the US-based GHG emissions. The
findings will be briefly explained in this section of the EA.
4.1.14 Hazardous Materials-Consultant will review the applicable work product from Environmental
Inventory and complete a summary and assessment of any Hazardous Materials identified in the study
area. Impacts and Environmental Consequences will be evaluated for the No Action and Proposed
Action alternatives . The Consultant will develop recommendations for avoidance, minimization, and
mitigation measures. Phase I or II investigations are not included within this scope.
4.1.15 Historical, Architectural, Archaeological and Cultural Resources-Consultant will review the
applicable work product from Task 3.2. and complete a technical report describing any potential
impacts the project may have on archeological and/or historical resources .
4.1.16 Induced Socioeconomics -Consultant will review and summarize socioeconomic impacts
including shifts in patterns of population movement and growth; public service demands; changes in
business and economic activities; and other factors identified by the public. Agency sources and
coordination are anticipated to include Kittitas County, Department of Ecology, Washington State
Board of Health, and US Census Bureau.
Bowers Field Airport Improvements EA
April 27, 2018
15
4.1.17 Light Emissions and Visual Effects -Consultant will prepare a summary of increased light
emissions and visual effects created through the construction ofthe proposed improvements.
4.1.18 Noise-As stated in AC 1050.lF Desk Reference Section 11.1.2. "No noise analysis is needed for
projects involving Design Group I and II airplanes (wingspan less than 79 feet) in approach Categories
A through D (landing speed less than 166 knots) operating at airports whose forecast operations in
the period covered by the NEPA document do not exceed 90,000 annual propeller operations (247
average daily operations) or 700 annual jet operations (2 average daily operations)." The Bowers Field
Master Plan (2018, Draft at time of this scope formulation) forecast summary for aircraft operations
for the planning horizon and for projects covered under this EA do not exceed 67,000 annual
operations.
4.1.19 Social Impacts -Consultant will review and summarize social impacts related to the proposed
development including requirements to move homes or businesses; dividing or disrupting established
communities; changing surface transportation patterns; disrupting orderly, planned development; or
creating a notable change in employment.
4.1.20 Solid Waste -Consultant will review solid waste constituents likely to be generated through
the development of the proposed improvements and discuss mitigation and disposal options.
4.1.21 Water Quality -Consultant will review water quality impacts and mitigations techniques.
Consultant will review potential impacts based on the proposed improvements and summarize water
quality treatment and disposal requirements to be included in the design to comply with local, State,
and Federal requirements.
4.1.22 Wetlands -The Consultant will develop recommendations for avoidance, minimization, and
mitigation measures. Consultant will review the applicable work product from Task 3.4. This work will
include a summary and assessment of any wetlands identified in the study area. Impacts will be
evaluated for the No Action and Proposed Action alternatives. If needed, the Consultant will develop
recommendations for avoidance, minimization, and mitigation measures.
4.1.23 Wild and Scenic Rivers -Consultant will coordinate with the U.S. Departments of Interior and
Agriculture to confirm that no protected resources exist in the vicinity of the project.
4.1.24 Cumulative Impacts -Consultant will summarize the potential impacts of all categories and
follow guidance in FAA 5050.4B and the Desk Reference that accompanies FAA Order 1050.lF
outlining how to consider the cumulative impacts of the project and provide a preliminary
determination of the significance of the impacts for review and comment by FAA.
• Appendix A. Public Involvement (public hearing/review), Tribal Coordination and
Comments, and Agency Coordination and Comments
• Appendix B. Definitions
• Appendix C. FAA Correspondence/Justification
• Appendix D. Public Meeting Notices and Meeting Notes
Bowers Field Airport Improvements EA
April 27, 2018
16
• Appendix E. Technical Memorandum on Cultural Resources.
• Appendix G. Technical Memorandum on Environmental Inventory
• Appendix F. Wetland Delineation and Assessment Report
Note: The Purpose and Need, Proposed Action, and Alternatives sections will be carried forward from
previous tasks with FAA comments and ed its incorporated .
4.1.25 Mitigation Requirements -Consultant will develop and summarize mitigation options and
requirements identified for all impact categories as required based on the conclusions reached for
each category.
Product: Preliminary Draft Environmental Assessment, which will be submitted to the County and
FAA for review.
Task 4.2 -Agency and Tribal Coordination and Consultation
Objective: Once the draft EA has been revised to address County and FAA comments, it will be
distributed to agencies and tribal governments for comments.
Approach: The Consultant will coordinate or consult with the non-tribal agencies; and the FAA will
coordinate with the Tribal governments listed below during the preparation of the resource impact
analysis. The Consultant will provide the Proposed Action Summary along with a pre-addressed
envelope and a response form directly to the non-tribal agencies, and to the FAA for their tribal
coordination. The response form will allow the agency to quickly and easily check boxes indicating a
variety of responses from agreeing that the project has no adverse effect to requests for more
information. The Consultant will place follow-up calls to the agencies to ensure that responses are
returned in a timely manner. These agencies include:
• Tribal Contact-Consultation Letter (email) by FAA & Cultural Resources report (Consultation
will be conducted by the FAA). Consultant will provide necessary information, project
summaries , and figures to facilitate consultation. Tribes anticipated to be consulted by FAA
include Colville Confederated Tribes, the Samish Indian Nation, the Snoqualmie Tribe, and the
Yakama Tribe.
• US Army Corps of Engineers , Department of Ecology, Kittitas County-Wetlands permitting.
The results of the agency coordination will be summarized in the Draft EA.
Task 4.3 -Prepare Draft EA
Objective: Prepare a Draft EA, which will incorporate FAA comments on the already submitted
Preliminary Draft EA (Task 4.1). The Draft EA will be prepared for public review.
Approach: The Consultant and FAA will hold one meeting (phone call) to discuss FAA comments on
the Preliminary Draft EA. The Draft EA will reflect FAA comments on the Preliminary Draft EA.
Bowers Field Airport Improvements EA
April 27, 2018
17
Product: Draft Environmental Assessment, which will be available for public review .
Task 4.4 -Public Review Draft EA
Objective: Issue copies of Draft EA for public review .
Approach: The Consultant will print up to 5 copies of the Draft EA for public review . The Consultant
will prepare a notice that can be made available for print in local newspapers of general circulation
for the record. Response forms and agency comment letters will be produced and collected by the
Consultant for inclusion in the Final EA document. Any other public or agency correspondence will
be included in the Final EA.
Product: A Draft EA for public review and distribution.
Task 4.5 -Public Hearing
Objective: A public hearing will be held if requested to provide an opportunity for public input on the
proposed improvements.
Approach: A public hearing will be held to provide an opportunity for public comment on the Draft
EA. The Consultant will provide a briefing to the public on the findings of the Draft EA and provide an
opportunity for formal public testimony. The Draft EA will be available for public review at least 30
days before the hearing occurs.
Product: The Consultant will schedule, plan and conduct the public hearing with the support of
County staff. The Consultant will prepare meeting advertisements, presentation, displays, handouts,
and meeting transcript. The transcript will be included as an Appendix in the Final EA document.
Task 4.6 -Response to Comments
Objective: Consultant will collect and catalogue Agency and public comments received on both the
Draft EA and the Preliminary Final EA.
Approach: The Consultant will compile all correspondence and comments from Agencies,
stakeholders, and the public. The letters and comments will be summarized in a table organized by
topic and original copies of the letters and comment forms will be included in an Appendix. When
required, the Consultant will prepare response letters to address comments and/or coordinate with
FAA to address comments received through the EA review process.
Task 4.7-Preliminary Final EA
Objective: Prepare and submit to FAA a preliminary Final EA including compiling of agency comments
and addressing any issues raised as a result of agency reviews or public input. The Preliminary Final
EA will be made available to FAA for review.
Approach: The Consultant will prepare a preliminary Final EA for review by FAA. The preliminary Final
EA may include additional information as a result of agency reviews and/or public input. The
Bowers Field Airport Improvements EA
April 27, 2018
18
Consultant will provide documentation in the Appendix that such reviews have occurred. FAA will
review the preliminary Final EA for completeness and content.
Product: Preliminary Final EA for FAA Review.
Task 4.8 -Final EA
Objective: Final EA for FAA review and issuance of an environmental finding .
Approach: Based on comments from FAA, the Consultant will prepare a Final EA for issuance by FAA.
FAA will prepare the environmental finding.
At the conclusion of Task 4.6, FAA will issue a FONSI or a Notice of Intent (NOi) to prepare an
Environmental Impact Statement (EIS). If a FONSI is issued, the NEPA review process will be
concluded. However, monitoring for compliance with permit or environmental finding conditions will
be required by the sponsor and FAA. Preparation of an EIS will require a new scope of services and
budget separate from this agreement.
Product: Final EA and supporting documentation (including draft FONSI) as required by FAA. The
Consultant will submit up to 5 copies of the Final EA and FONSI to FAA.
Deliverables:
• Preliminary Draft EA
• Draft EA
• Responses to Comments
• Preliminary Final EA
• Final EA
TASK 5 -DBE
Task 5.1-DBE Goal & Plan
Objective: Establish a DBE goal & plan for the Owner.
Approach: Prepare a DBE plan and DBE goals for the project.
Products: The DBE goal & plan will be submitted to FAA for review . Any comments will be
incorporated within a final DBE goal & plan.
EXPECTED EA REPORT TABLE OF CONTENTS
Element 1 -Proposed Action, Purpose and Need
1.1 Proposed Action
1.2 Purpose and Need
Bowers Field Airport Improvements EA
April 27, 2018
19
Element 2 -Alternatives
2.1 Action (Preferred Alternative)
2.2 No Action Alternative
2.3 Alternatives Considered But Eliminated from Detailed Study
2.4 Discretionary Actions and Permits
Element 3 -Affected Environment and Environmental Consequences
3.1 Air Quality
3.2 Biotic Resources
3.3 Coastal Barriers
3.4 Coastal Zone Management
3.5 Compatible Land Use
3.6 Construction
3.7 Section 4(f)
3.8 Federally Listed Endangered and Threatened Species
3.9 Energy Supplies, Natural Resources , and Sustainable Design
3.10 Environmental Justice
3.11 Farmlands
3.12 Floodplains
3.13 Greenhouse Gas (GHG) Emissions/Climate
3.14 Hazardous Materials
3.15 Historical and Archaeological Resources
3.16 Induced Socioeconomic
3.17 Light Emissions and Visual Effects
3.18 Noise
3.19 Social Impacts
3.20 Solid Waste
3.21 Traffic and Circulation
3.22 Water Quality
3.23 Wetlands
3.24 Wild and Scenic Rivers
Element 4 -Cumulative Impacts
4.1 Summary of Cumulative Impacts
Element 5 -Irretrievable Commitments of Resources and Irreversible and Unavoidable Impacts
5.1 Summary of irretrievable commitment of resource, irreversible and unavoidable
impacts.
Figures
Figure 1. Vicinity
Figure 2. Existing Airport Facilities
Figure 3. Proposed Development
Figure 4. Preliminary Grading and Drainage Plan for Proposed Improvements
Bowers Field Airport Improvements EA
April 27, 2018
20
5309 Shilshole Avenue NW
Suite 200
Seattle, WA 98107
206.789.9658 phone
206.789.9684 fax
EXHIBIT A
Scope of Work
Bowers Field Environmental Assessment
Environmental Services
Prepared for: Century West
Prepared by: llon Logan, Environmental Science Associates
June 6, 2018
Century West Engineering has asked Environmental Science Associates (ESA) to provide a cost estimate
for environmental services in support of the environmental review for proposed projects at Bowers Field
in Ellensburg, Washington. The projects include improvements to Runway 11-29, Runway 7-25,
Taxiway F, and two hangar taxi lane development areas south of Runway 7-25. The cost estimate is based
on the scope of work for multiple tasks in Century West's scope for the Environmental Assessment (dated
April 27, 2018) including: Tasks 3.3, 3.4, 3.6, 3.7, 3 .8, 3.9, Tasks 4.1.1, 4.1.2, 4.1.8, 4.1.13, 4.1.21,
4.1.22, and Task 4.2. The scope of these tasks is shown below along with one additional task (Task 1 -
Project Management/ Administration), ESA' s assumptions, and cost estimate.
Scope of Work
Task 1 -Project Management/Administration
Management and coordination of project activities, in addition to attendance at meetings, will
occur under this task. The Project Manager will be responsible for overseeing the preparation of
all work products, monitoring project progress, ensuring the technical accuracy of all
deliverables, resolving any scheduling conflicts, monitoring budget expenditures, coordinating
meetings, and interacting as necessary with involved parties in the environmental documentation
process.
We have included costs for key ESA team members to participate in up to three (3) meetings with
Airport staff and other parties. ESA anticipates that these meetings may include the following:
• One (1) two-hour project kick-off meeting with ESA team members, Airport Staff and
FAA staff (by telephone);
• Two (2) one-hour working meetings with ESA team members, Airport and/or FAA staff
to discuss project and/or comments on draft deliverables (by telephone).
Task 1 Deliverables
• Monthly invoices and progress reports
TASK 3 -ENVIRONMENTAL PERMITTING AND COORDINATION
£SA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
Task 3.3 -Environmental Inventory (Threatened & Endangered, Federally and State
Listed Species)
Objective: Consultant will conduct an environmental inventory to determine if any rare,
threatened, and eridangered plant and animal species exist within the vicinity of the study
area.
Approach: Utilizing existing maps of the airport environs and existing environmental
documents, the Consultant will prepare an environmental inventory/overview within 1
mile of the Airport. Regulatory agencies will be contacted to gather background
information.
A field verification of site conditions will be conducted, and will include a reconnaissance
level analysis of resources. This summary is intended to reference any known or potential
environmental conditions or issues that could be affected by proposed airport
development that have been identified in recent environmental efforts conducted on the
airfield. The consultant will request information from the National Marine Fisheries
Service (NMFS), Washington Department of Fish and Wildlife (WDFW) and the US Fish
and Wildlife Service (USFWS) to identify any rare, threatened, and endangered plant and
animal species that have been documented within the vicinity of the Airport. Based on
previous site investigations, conducted during the Airport Master Plan project, no
significant biotic resources are anticipated. As such, this scope does not include a
Biological Assessment.
Products: The Consultant will gather this information along with any information
received from correspondence in Task 3.1 (conducted by others) and provide a summary
memorandum to the FAA and the County for submission to the WDFW and USFWS.
Task 3.4 -Wetland Delineation and Functional Assessment
Objective: Complete a Wetlands Delineation within the Direct Study Area .
Approach: Consultant will complete wetland delineation and prepare a Wetland
Delineation Report that details the current condition and extent of wetlands in the direct
study area; flagged wetland boundaries will be surveyed as discussed in Task 2.4.
Consultant will prepare a report suitable for submittal to the US Army Corps of Engineers
(Corps) for permitting under Section 404 of the Clean Water Act and to the County for
permitting under its critical area ordinance. The report and permitting documentation to
the Corps will be based on a 25% design concept as included in this scope of work. If the
Corps requires greater design analysis beyond the 25% level, this effort will be performed
under a separate future contract amendment. The report will include information on the
topography, vegetation, soils, and hydrology of each wetland in the project area and will
include data sheets documenting upland and wetland areas. Consultant will survey the
wetland boundaries in the field and a map showing wetland boundaries will be included
in the delineation report.
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ESA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
Products: A draft report of the Wetlands Delineation report will be provided for review
by the FAA and the County for review and comment. Upon revision, review comments
will be addressed in the final report.
Task 3.6 -Air Quality
Objective: To provide an analysis of the impacts of the projects to the local air quality.
Approach: The Consultant will coordinate with the Department of Ecology {Ecology)
Central Regional Office to identify regional air quality concerns and potential impacts, as
needed. Kittitas County is not within an air quality non-attainment or maintenance area
and Bowers Field is therefore not required to provide documentation for compliance with
EPA's General Conformity Regulations. EPA's general conformity guidance for airports
encourages airport operators to 1) develop comprehensive emissions inventories for their
facilities, 2) generate estimates of future activities and associated emissions, and then 3)
work with local and state air quality agencies to ensure that any corresponding
maintenance plans accurately reflect and account for all emissions at the airport and
growth rates for operations at the airport.
Products: The Consultant will complete a conformity evaluation based on an emissions
inventory. The conformity evaluation will be conducted in a qualitative manner and will
not include air emissions modeling software analysis (e.g., SPECIATE, PM Calculator). A
summary of the conformity evaluation will be provided within the Air Quality section of
the EA.
Task 3.7 -Greenhouse Gas (GHG} Emissions/Climate
Objective: To provide an analysis of the impacts of the projects to the local air quality.
Approach: The Consultant will review the environmental impacts of the proposed project
alternatives considering GHG emissions. The review will consider the potential
incremental change in GHG emissions from the proposed project and alternatives
compared to the no-action alternative for the same timeframe. The summary report will
discuss the context for interpreting and understanding the potential changes and identify
suitable mitigation techniques.
Products: The Consultant will gather this information and provide a summary of the
Greenhouse Gas emissions and any subsequent potential impacts of the projects on the
local air quality.
Task 3.8 -Affected Environment
Objective: Consultant will update the 2016 Environmental Inventory prepared for the
Sponsor based on a field visit to the site and desktop research The Environmental
Inventory is intended to reference any known or potential environmental conditions or
issues that could be affected by proposed airport development projects or that have been
identified in recent environmental efforts conducted on the airfield. It documented land
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£SA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
uses, water quality issues, drainage patterns, flood issues, parks and recreational areas,
and hazardous materials as well as other potential impacted categories .
Approach: The consultant will verify the information in the 2016 Environmental Inventory
and update it if necessary to reflect current conditions within the direct and indirect study
areas . Regulatory agencies will be contacted to gather background information and the
project scope will be formally coordinated with federal and state agencies as described in
Task 3.1 (conducted by others).
The consultant will conduct a reconnaissance level field visit to verify conditions identified
in the Environmental Inventory and will update it if necessary related to the direct or
indirect study areas. A field verification of site conditions will be conducted, and will
include a reconnaissance level analysis of resources.
Products: The Consultant will gather this information and provide a summary of all
required affected categories in the EA. If additional studies are required based on the
information obtained through these tasks, a separate scope and fee will be negotiated
based on the specific requirements identified.
Task 3.9 -Preparation & Submittal of Required Permit/Consultation Submittals
Approach: Consultant will prepare and submit required documentation for needed
consultations and permitting.
Products: Expected Permitting/Consultation Requirements for the proposed action can
be assumed at this point based on the limits and extent of impact determined to date.
This scope of work limits its scope to the list of permit applications/deliverable for the
associated agencies; any deliverables not on this list are to be considered
'Additional/Unexpected'.
Deliverables: The following summarizes permit applications and supporting documents
to be provided to the various agencies:
• Department of Archaeology and Historic Preservation -Project description and
graphic depiction of the APE & Cultural Resource Report (conducted by others)
• Tribal Contacts -Project description and graphic depiction of the APE & Cultural
Resources Survey & Technical Reports to the Tribes. Tribes anticipated to be
consulted by FAA include Colville Confederated Tribes, the Samish Indian Nation,
the Snoqualmie Tribe, and the Yakama Tribe. (conducted by others)
• US Army Corps of Engineers (Corps); Department of Ecology (Ecology); Kittitas
County -Wetlands Delineation report. Mitigation Plan (if needed), Joint Aquatic
Resources Permit Application (JARPA). If wetlands are impacted, is anticipated
that a Nationwide Permit from the Corps and Ecology will be required and that a
Critical Areas Permit from the County will be required .
• Kittitas County -Floodplains Assessment Report (conducted by others),
Floodplain Development Permit Application
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ESA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
• Kittitas County-State Environmental Policy Act (SEPA) Checklist . It is anticipated
that the County will issue a Determination of Non-significance (DNS) or Mitigated
DNS.
• WDFW -Hydraulic Project Approval.
·Additio nal/Unexpected Permitting Requirements
If, through agency contacts, it is found that additional permits are needed or if additional
investigations are necessary to prepare such permits (e.g., a Section 404 Individual
Permit), such additional activities are considered beyond the scope of this work and will
be negotiated and authorized under a separate agreement or as an amendment to this
scope or work.
TASK 4 -ENVIRONMENTAL ASSESSMENT
4.1.1 Air Quality-See task 3.6.
4.1.2 Biotic Resources -Consultant will review the applicable work product from Task 3.3 and
complete a summary and assessment of potential impacts to any biotic resources identified in the
study area. Impacts will be evaluated for the No Action and Proposed Action alternatives. If
needed, the Consultant will develop recommendations for avoidance, minimization, and
mitigation measures.
4.1.8 Federally-listed Endangered and Threatened Species -Consultant will review the
applicable work product from Tasks 3.3 and complete a summary and assessment of potential
impacts to any Federally proposed or listed Endangered and Threatened Species identified in the
study area. Impacts will be evaluated for the No Action and Proposed Action alternatives. If
needed, the Consultant will develop recommendations for avoidance, minimization, and
mitigation measures .
4.1.13 Greenhouse Gas (GHG) Emissions/Climate -Although there are no federal standards for
aviation-related GHG emissions, it is well-established that GHG emissions can effect climate.
The Council on Environmental Quality (CEQ) has indicated that climate should be considered in
NEPA analyses . This task includes preparation of a qualitative air quality and GHG emissions
summary in accordance with FAA Order 1050.lF.
Consultant will review the environmental impacts of the proposed project alternatives
considering GHG emissions. The review will consider the potential incremental change in GHG
emissions from the proposed project and alternatives compared to the no-action alternative for
the same timeframe. The proposed action or alternative is not thought to reasonably increase
GHG emissions over the no-action alternative and therefore not substantially contribute to the
US-based GHG emissions. The findings will be briefly explained in this section of the EA.
4.1.21 Water Quality -Consultant will review water quality impacts and mitigations techniques.
Consultant will review potential impacts based on the proposed improvements and summarize
water quality treatment and disposal requirements to be included in the design to comply with
local, State, and Federal requirements.
5
ESA Scope a/Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
4.1.22 Wetlands -The Consultant will develop recommendations for avoidance, minimization,
and mitigation measures. Consultant will review the applicable work product from Task 3.4. This
work will include a summary and assessment of any wetlands identified in the study area. Impacts
will be evaluated for the No Action and Proposed Action alternatives. If needed, the Consultant
will develop recommendations for avoidance, minimization, and mitigation measures.
Task 4.2 -Agency and Tribal Coordination and Consultation
Objective: Once the draft EA has been revised to address County and FAA comments, it will be
distributed to agencies and tribal governments for comments.
Approach: The Consultant will coordinate or consult with the non-tribal agencies; and the FAA
will coordinate with the Tribal governments listed below during the preparation of the resource
impact analysis. The Consultant will provide the Proposed Action Summary along with a pre-
addressed envelope and a response form directly to the non-tribal agencies, and to the FAA for
their tribal coordination. The response form will allow the agency to quickly and easily check
boxes indicating a variety of responses from agreeing that the project has no adverse effect to
requests for more information. The Consultant will place follow-up calls to the agencies to ensure
that responses are returned in a timely manner. These agencies include:
• Tribal Contact -Consultation Letter (email) by FAA & Cultural Resources report
(Consultation will be conducted by the FAA). Consultant will provide necessary
information, project summaries, and figures to facilitate consultation. Tribes anticipated
to be consulted by FAA include Colville Confederated Tribes, the Samish Indian Nation,
the Snoqualmie Tribe, and the Yakama Tribe.
• US Army Corps of Engineers, Department of Ecology, Kittitas County -Wetlands
permitting.
The results of the agency coordination will be summarized in the Draft EA (conducted by others).
Task 4.3 -Prepare Draft EA
Objective: Prepare a Draft EA, which will incorporate FAA comments on the already submitted
Preliminary Draft EA (Task 4.1). The Draft EA will be prepared for public review.
Approach: The Consultant and FAA will hold one meeting (phone call) to discuss FAA comments
on the Preliminary Draft EA. The Draft EA will reflect FAA comments on the Preliminary Draft EA.
Product: Draft Environmental Assessment, which will be available for public review.
Task 4.6 -Response to Comments
Objective: Consultant will collect and catalogue Agency and public comments received on both
the Draft EA and the Preliminary Final EA.
Approach: The Consultant will compile all correspondence and comments from Agencies,
stakeholders, and the public. The letters and comments will be summarized in a table organized
by topic and original copies of the letters and comment forms will be included in an Appendix.
6
ESA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
When required, the Consultant will prepare response letters to address comments and/or
coordinate with FAA to address comments received through the EA review process.
Cost Estimate
Task# Task Name Hours Cost
1.0 PROJECT MANAGEMENT/ADMINISTRATION 52 $7,850
3.0 ENVIRONMENTAL PERMITTING AND COORDINATION
3.3 Environmental Inventory (TES) 48 $5 ,160
3.4 Wetland Delineation 124 $13,440
3.6 Air Quality 34 $4,150
3.7 Greenhouse Gas Emissions/ Climate 34 $4,150
3.8 Affected Environment 52 $5,540
3.9 Preparation & Submittal of Required Permit/Cons. 92 $12,000
4.0 ENVIRONMENTAL ASSESSMENT
4.1.1 Air Quality 20 $2,675
4.1.2 Biotic Resources 18 $2,325
4.1.8 Federally-listed Endangered and Threatened Species 20 $2,675
4.1.13 Greenhouse Gas Emissions/ Climate 18 $2,325
4.1.21 Water Quality 18 $2 ,325
4.1.22 Wetlands 20 $2 ,675
4.2 Agency and Tribal Coordination and Consultation 24 $3,950
4.3 Prepare Draft EA 24 $3,200
4.6 Response to Comments 20 $2,700
Expenses (mileage, lodging, GPS unit) -$1,550
Total 618 $78,690
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ESA Scope of Work
Bowers Field Environmental Assessment -Environmental Services
June 2018
Assumptions
The cost estimate was developed with the following assumptions:
• The direct study area is defined in the scope of work as the "area which encompasses the entire
construction footprint for airport improvements associated with the projects" and is shown in red
on the exhibit provided by Century West. This includes two rectangular areas identified for
hangar taxilane construction located south of Runway 7-25 and the three rectangular boxes drawn
around the two runways (7-25 and 11-29) and proposed taxiway (Taxiway F).
• The total direct study area is approximately 137.7 acres including developed runways and
taxiways.
• Field work will be conducted using a two-person crew for four field days.
• Field work will require three overnight stays near the airport.
• ESA will flag wetland boundaries in the field using a combination ofribbon and pin flags.
• ESA will record flag locations with a GPS unit equipped with external antennae. ESA will not
conduct a professional survey of flag locations. If a formal survey is required, then this would
need to be done by a professional land surveyor.
• ESA will complete wetland rating forms per Ecology's Wetland Rating System for Eastern
Washington (2014 Update) to support state and local permitting.
• ESA assumes that Century West will prepare the EA and is responsible for coordinating and
delivering the appropriate information to the Airport and FAA per the project schedule.
• ESA's work on Tasks 4.3 (Prepare Draft EA) and 4.6 (Response to Comments) will cover only
the EA sections assigned to ESA, which includes Air Quality, Biotic Resources, Federally Listed
Endangered and Threatened Species, Greenhouse Gas (GHG) Emissions/Climate, Water Quality,
and Wetlands.
• ESA assumes that all comments on work products will be delivered in a single, consolidated set,
and will be provided in a timely fashion.
8
3137 NE ROSA PARKS WAY
PORTLAND • OR · 97211
14 May, 2018
Kurt Addicott, Senior Project Manager
Century West
33308 13 th Place S.
Federal Way, WA 98003
WWW.HEG·INC.COM
TOLL FREE· 877·623·4384
Subject: Bowers Field Airport Cultural Resources Fee Proposal
Dear Mr. Addicott,
PHONE 971 ·888·7566
FAX 520·628·1458
Harris Environmental Group, Inc. (HEG) appreciates the opportunity to provide Century West with a fee
proposal for cultural resources services associated with the Bowers Field Airport, Kittitas County 2018
Environmental Assessment Targeted Projects.
As previously outlined HEG's the scope of work, archaeological work for the Bowers Field project will
entail a full literature review, and pedestrian survey of the entire airport property ( ca. 1300 acres). If cultural
materials are encountered during the surface investigation, a Washington State Isolate or Site form, as
appropriate, will be filled out for each deposit and HEG will make recommendations for further work, if
needed. The results will be summarized in a Section-I 06 compliant technical report.
Pending the results of the pedestrian survey, subsurface investigations may be necessary. The fee for
subsurface testing, if applicable, will be determined following the pedestrian survey.
The cost to complete the literature review, pedestrian survey and reporting will be: $20,836.26.
We look forward to being part of the team for the Bowers Field Airport, Kittitas County 2018
Environmental Assessment. Please contact me at 503-944-9305 or through email at dhol sc huh @ heg ..
inc.com if you have questions or need additional information.
Sincerely,
Dana Holschuh, M.A., RPA
HARRIS ENVIRONMENTAL GROUP, INC.
3137 NE ROSA PARKS WAY/ PORTLAND, OR 97211 1
WATERSHED
110 Prefontaine Place South, Suite 508
Seattle, WA 98104
Tel. (206) 521-3000
'TASK DESCRIPTION
1. Data Collection and Review
2. rrov,ow of Exisar,g Storm Crainage Sysiern
3, rielcr ReconnB!S5al\l;a ~ Sll1'tllY eoQ/l!irialion
4. Hydrology
S, HvdrauRcMod~lrng of Exl~llng Conditions
6 Identifi cation and Modeling of Flood Reduction Concepts
7, 60)8Cljan 01 a ne,erreo Aneroa11ve orni Aoo 1Tiooal "1m~,
8, Studv Reoort
9 Aam1nistrat1on
Total Hours and Direct Labor Cost (DL)
Labor Rate ($/hr)
TOTA!. LABOR COST
Direct E:l1D8~&o. Detail
Travel lo Project Sile
Reproduction and Communication
Gage Materials
Cost Summary
Total Labor
Total Direct Expenses
Prin
I
2
2
4 --
--2
8
1
I 19.0 !
I -s200.oo I
$3,800
Estimate of Professional Services
Prepared for:
Project:
Date:
Prepared By:
Hours
Sr. Eng~ I Sr. Eng. I.I. Sr. Scien.
4
2
t2
4
2 8 ___ ,
16 -----8----
16
4
2.0 I 140 I o.o I
~17s;oo I ,j~s oo I $1W.ll0 l
$350 $10.730 $0
Kittitas County
Airport Analysis
Flood Reduction Alternatives
April 27, 2018
Chris Frei
Jr. Eng. GIS Specialis Contract Admin
8
8
12
8
24 ------40
20
16 I
2
qo,R I ooi 20! $$5,~, Huo I 400.(Xl l
$12.920 $0 $1201
Units Roje · Casi
500 $0 540 $270,00
$50.00
$250,00
Tota l $570,00
-
$27,920
$57Q
Total $28,490
Totals
~
$1,050
-i2MO
$1,740
~
$6,920
$3,460
$5 .440
$900
$271120
Project: Century West Engineering
Task 2
2.4
--
--
Bowers Field Environmental Assessment Projects
Survey and Base Mapping
June, 2018
Description
$
To pogr.op!ucal Survey Services -Runwo 7-25 500' x 5100' (SS acre ).
Prop os ~d Taxiwey I 50'x I 000' \3.4 ucn:s)
Ru nway I 1-29: 500' x 5100' (5 8 o.crus)
.Proposed Parallell To.xi way l 50'x4900' •( 16 9 11cres)
Pi'opo~c_d CMn~lmg 'l'oxiwil}' 150'xl000' (3.4 acres)
Pronos-l!(J l·foJ'IJc{llr taxilane (4 acres}
E.'i 1ic11~cs ,(mflcngc, 1111lif.Y locates, A TV rcntol. ~r diem )
Task 2 Total
Bowers Field
Survey
Manager
184.30 s
1
1
2
Page 1 of 1
Labor Hour Estimate Total Fee
Project SuTVey Survey Survey
Surveyor Technicia n Crew1-man CrrNI 2-man
119.22 s 106.45 $ 92 .76 $ 176.99 ~eG
$ .
2 32 32 $ ~-~2.82 ~-..
1 4 8 $ 1,960.94
2 32 32 $ 9.492.82 -1 16 20 $ 5,362.22
1 4 8 $ 1 960.94
1 4 8 $ 1,960.94
$ -
$ -
s -
s ----s -
$ -
$ .
$ -
s s.000.00
8 92 0 108 1 $ 35,230.68
Total Estimated Fee: $ 35,230.68
FAA
Airports
Contract Provision Guidelines for Obligated Sponsors and
Airport Improvement Program Projects
Contents
Contract Guidance ........................................................................................................................................ 3
1. Purpose of thi s Document ............................................................................................................ 3
2. Sponsor Requirements .................................................................................................................. 3
3 . Typical Procurement Steps ........................................................................................................... 4
4 . Applicability Matrix for Contract Provisions ................................................................................. 4
Appendix A-CONTRACT PROVISIONS .......................................................................................... -............ 1
Al ACCESS TO RECORDS AND REPORTS ......................................................................................... 1
A2 AFFIRMATIVE ACTION REQUIREMENT ...................................................................................... 2
A3 BREACH OF CONTRACT TERMS .................................................................................................. 5
A4 BUY AMERICAN PREFERENCE .................................................................................................... 6
AS CIVIL RIGHTS -GENERAL .......................................................................................................... 12
A6 CIVIL RIGHTS-TITLE VI ASSURANCE ....................................................................................... 14
A7 CLEAN AIR AND WATER POLLUTION CONTROL ...................................................................... 24
A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ............................ 25
A9 COPELAND "ANTI-KICKBACK" ACT ........................................................................................... 27
A10 DAVIS-BACON REQUIREMENTS ............................................................................................... 29
All DEBARMENT AND SUSPENSION .............................................................................................. 36
Al2 DISADVANTAGED BUSINESS ENTERPRISE ............................................................................... 38
Al3 DISTRACTED DRIVING ............................................................................................................. 41
Al4 ENERGY CONSERVATION REQUIREMENTS ............................................................................. 42
AlS DRUG FREE WORKPLACE REQUIREMENTS .............................................................................. 43
A16 EQUAL EMPLOYEMENT OPPORTUNITY (EEO) ......................................................................... 44
A17 FEDERAL FAIR LABOR STANDARDS ACT {FEDERAL MINIMUM WAGE) ................................... 51
Al8 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ............................................................. 52
Al9 PROHIBITION of SEGREGATED FACILITIES ............................................................................... 54
A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .............................................................. 56
A21 PROCUREMENT OF RECOVERED MATERIALS .......................................................................... 57
A22 RIGHT TO INVENTIONS ............................................................................................................ 59
A23 SEISMIC SAFETY ....................................................................................................................... 60
A24 TAX DELINQUENCY AND FELONY CONVICTIONS .................................................................... 62
A25 TERMINATION OF CONTRACT ................................................................................................. 64
A26 TRADE RESTRICTION CERTIFICATION ...................................................................................... 69
A27 VETERAN 'S PREFERENCE ......................................................................................................... 71
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 1
RECORD OF CHANGES
No. Date Item Change
1 1/29/2016 Entire Document Re-structured document to enhance user understanding of use and
applicability; added suggested provisions for "Termination for
Cause ", "Recovered Materials", "Seismic Safety".
2 6/10/2016 Table 1 Distracted Driving : Updated "Dollar Threshold" to $3,500 to reflect
current micro-purchase threshold .
3 6/10/2016 A2 , Affirmative Action Update the reference to the Department of labor online document
to be "Participation Goals for M inority and Females"
4 6/10/2016 A12 , Disadvantaged A12.3 : Changed Title to "Required Provisions"
Business Enterprise A12 .3.1 : Corrected starting timeframe for submitting written
confirmation from "Owner Noti ce of Award" to "bid opening"
A12.3 .1: Provided two sets of last paragraphs to reflect change (7
days to 5 days) that occurs on December 31 , 2016 .
A12 .3.2 : Moved Race/Gender Neutral language up and renamed
heading to reflect text is solicitation language .
A12.3 .3 : Moved and renamed contract clause information and
clarified it is for prime contract covered by a DBE program .
5 12/12/2017 Cover Change title of document for clarity
6 12/12/2017 1. Purpose of this Added clarifying text addressing purpose and limitations of this
Document guidance.
1.7-1.9: Added definitions of contract, applicant, bid
7 12/12/2017 2.Sponsor Added clarifying text addressing sponsor responsibilities.
requirements
8 12/12/2017 3. Typical Added clarifying text for typical procurement process steps.
Procurement Steps
9 12/12/2017 Table 1-Applicability Re -arranged table in alphabetic order.
Matrix Added "Solicitation" column t o address solicitation provisions
Item I, Seismic Safety : Added Limited Application
Added note on Airport Concessions Disadvantaged Business
Enterprises
10 12/12/2017 All Clauses Clarifying revisions made to applicability se ction.
11 12/12/2017 AS, Civil Rights -Rephrased General Civil Rights Provision to simplify language and to
General clarify duration of obligation for tenant/concessionaire/lessee
12 12/12/2017 A6 .3 .1 Civil Rights -Added sponsor must select either DBE or ACDBE
Solicitations
12 12/12/2017 A12, Disadvantaged The deadline to submit DBE confirmation of participation Is now 5
Business Enterprise days after bid opening or as a matter of bid responsiveness ,
Updated DBE contract assurance (12.3.3) to match language of 49
CFR § 26 .13
13 12/12/2017 A24, Ta x Delinquency New certification addressing contractor ta x delinquency and felony
and Felony Conviction conviction .
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Proj ects
Issued on December 12, 2017 Page 2
CONTRACT GUIDANCE
l. Purpose of this Document
1) The purpose of this document is to establish a convenient resource for Sponsors that
consolidates all possible provisions and clauses into one document that includes an
applicability matrix. This document itself does not create, revise or delete requirements for
participation in the Airport Improvement Program. The source of requirements addressed
within this document are identified within the section for each individual clause.
2) Federal laws and regulations require that an sponsor (a recipient of federal assistance) include
specific clauses in certain contracts, solicitations, or specifications regardless of whether or not
the project is federally funded.
3) The term sponsor is used in this document to mean either an obligated sponsor on a project
that is not federally funded, or a sponsor on an AIP funded project.
4) The term Owner is generally used in the solicitation or contract clauses because of its common
use in public contracts.
5) An Owner becomes an obligated sponsor upon acceptance of the Airport Improvement
Program (AIP) grant assurances associated with current or prior AIP grant funded projects.
6) For purposes of determining requirements for contract provisions, the term contract includes
subcontracts and supplier contracts such as purchase orders.
7) For purpose of remaining compliant with its obligations, a sponsor must incorporate applicable
contract provisions in all its procurements and contract documents. Unless otherwise stated,
these provisions flow down to subcontracts and sub-tier agreements.
8) The term contractor is understood to mean a contractor, subcontractor, or consultant; and
means one who participates, through a contract or subcontract (at any tier).
9) The term bid is understood to mean a bid, an offer, or a proposal.
10) Applicant:
a. For the Equal Employment Opportunity (EEO) clause, the term applicant means an
applicant for employment (whether or not the phrase, for employment, follows the
word applicant or applicants).
b. For all other clauses, the term applicant means a bidder, offerer, or proposer for a
contract.
2. Sponsor Requirements
In general, the sponsor must take the following actions in order to remain consistent with its
obligations:
1) Include in its procurements the provisions that are applicable to its project.
2) Not incorporate the entire contract provisions guidelines in its solicitation or contract
documents, whether by reference or by inclusion in whole. Incorporation of this entire guidance
document creates potential for ambiguous interpretation and may lead to improper application
that unnecessarily increases price. A sponsor that fails to properly incorporate applicable
contract clauses may place themselves at risk for audit findings or denial of Federal funding.
Incorporate applicable contract provisions using mandatory language as required. The
subheading entitled Applicability advises whether a particular clause or provision has mandatory
language that a sponsor must use.
(a) Mandatory Language -Whenever a clause or provision has mandatory text, the sponsor
must incorporate the text of the provision without change, except where specific adaptive
input is necessary (e .g. such as the sponsor's name).
(b) No Mandatory Language Provided -For provisions without mandatory language, this
guidance provides model language acceptable to the FAA. Some sponsors may already have
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 3
standard procurement language that is equivalent to those federal provisions. In these
cases, sponsors may use their existing standard procurement provision language provided
the text meets the intent and purpose of the Federal law or regulation.
Require the contractor (including all subcontractors) to insert these contract provisions in each
lower tier contract (e.g. subcontract or sub-agreement).
Require the contractor (including all subcontractors) to incorporate the applicable requirements
of these contract provisions by reference for work done under any purchase orders, rental
agreements and other agreements for supplies or services.
6) Require that the prime contractor be responsible for compliance with these contract provisions
by any subcontractor, lower-tier subcontractor or service provider.
7) Verify that any required local or State provision does not conflict with or alter a Federal law or
regulation .
3. Typical Procurement Steps
The usual procurement steps in a project are:
1) Solicitation, Request for Bids or Request for Proposals -This is also called the Advertisement or
Notice to Bidders .
2) Bidding or Accepting Proposals -In this stage, the bidders receive a complete set of the
procurement documents, also known as the project manual. The project manual will typically
include a copy of the solicitation, instructions-to-bidders, bid forms, certifications and
representations, general provisions, contract conditions, copy of contract, project drawings,
technical specifications and related project documents .
3) Bid/Proposal Evaluation -Period when Sponsor tabulates and reviews all proposals for bid
responsiveness and bidder responsibility.
4} Award -Point when the Sponsor formally awards the contract to the successful bidder.
S) Execution of Contract -Point at which the Sponsor formally enters into a legally binding
agreement to perform services or provide goods.
4. Applicability Matrix for Contract Provisions
Table 1 summarizes the applicability of contract provisions based upon the type of contract or
agreement. The dollar threshold represents the value at which, when equal to or exceeded, the sponsor
must incorporate the provision in the contract or agreement.
Supplemental information addressing applicability and use for each provision is located in Appendix A.
Appendix A and the Matrix include notes indicating when the sponsor may incorporate references in the
solicitation in lieu of including the entire text.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 4
Meaning of cell values
• Info -Sponsor has discretion on whether to include clause in its contracts .
• Limited -Provision with limited applicability depending on circumstances of the procurement.
• n/a -Provision that is not applicable for that procurement type.
• NIS -Provision that does not need to be included or referenced in the solicitation document
• REF -Provision to be incorporated into the solicitation by reference.
• REQD -Provision the sponsor must incorporate into procurement documents .
Table 1 -Applicability of Provisions
1,;
~? A ii g ~ !!: t! C ~ li E'-0 ., l .!! 'lii I -gj -~ :, Il 1 i 8 !! t: .9-
f:. i 3l C ! ... z,9 ... ,9
Provisions/Clauses
Access to Records and Reoorts s o NI S REQD REQD REQD REQD n/a
Affirmative Action Reauirement s 10,ooo I REQD Limited REQO Limited Limited n/a
Breach of Contract $150 ,000 NIS REQD REQD REQD REQD n/a
Buv American Preferences $0 REF Limited REQD REQD Limited n/a
(ll Buv American Statement $0 NIS Limited REQD REQD Limited n/a
{2) OA -Toral Fadl,tv $0 NIS Limited REQD REQD Limited n/a
{3) ru.:.-M aMufn cturcd Product s o NIS Limited REQD REQD Limited n/a
Civil Riehts -General s o NIS REQD REQD REQD REQD REQD
Civil Riehts -Title VI Assurances s o REF REQD REQD REQD REQD REQD
(1) Notice -Solicitation $0 REQD REQD REQ.D REQD REQD REQD
(2) Clause -Contracts so NIS REQD REQD REQD REQD REQD
(3 } Clause -Transfer of U.S._ Pronertv so NIS n/a n/a n/a Limited REQD
{4) Clause -Transfer of Real Pronertv so NIS n/a n/a n/a REQD REQD
{5) Oaose • ConmuctlUtMAccess lo so N IS n/a n/a n/a REQD REQD
Real Pronertv
(6} List -Pertinent Authorities $0 NIS REQD REQD REQD REQD REQD
olean Air/Water Pollution Control $150,000 NIS REQD REQD REQD REQD n/a
Contract Work Hours and Safetv Standards $100,000 NIS Limited REQD Limited Limited n/a
Cooeland Anti-Kickback $'2,000 NIS Limited REQD Limited Limited n/a
Davis Bacon Reauirements $ 2.000 REF Limited REQD Limited Limited n/a
Debarment and Susoension $25,000 REF REQD REQD REQD Limited n/a
Disadvantaeed Business Entemrise s o REF REQD REQD REQD REQD n/a
Distracted Drivin g S3 ,500 NIS REQD REQD REQD REQD n/a
Ener•v Cnnservation Renuirements so NIS REQD REQD REQD REQD n /a
Enual Emnlovment Qnnortunitv $10 000 NIS Limited REQD Limited Limited n/a
(1) FFA Cn11 t r:ir1 r]auv, $10,000 NIS Limited REQD Limited Limited n}a
(2 ) EEO SnMilip,llon s 10:ooo NIS Limited REQD Limited Limited n/a
Federal Fair Labar Standards Act s o NIS REQD REQD REQ,D REQD Info
Foreien Trade Restriction s o REF REQD REQD REQD REQD n/a
lobbvine Federal Emolovees $100,000 REF REQD REQD REQD REQD n/a
Occunational Safetv and Health Act s o NIS REQD REQD REQD REQD Info
Prohibition of Seereeated Facilities $10,000 NIS Limited REQD Limited Limited n/a
Recovered Materials $10,000 REF Limited REQD REQD Limited n/a
Riohts to Inventions so NIS Limited Limited Limited n/a n/a
Seismic Safetv so NIS Limited Limited Limited n/a n/a
Tax Delinauen_cv and Felonv Conviction $0 NIS REQD REQD REQD REQD n/a
Termination of Contract $10,000 NIS REQD REQ!) REQD REQD n/a
Veteran's Preference so NIS REQD REQD REQD REQD n/a
Airport Concessions Disadvantage Business Enterprise (ACDBE) Notes:
1. Language relative to solicitation for ACDBEs does not need to be included in AIP funded solicitations,
since in no case are concessions activities funded with federal funds.
2. Airport sponsors must include the appropriate Title VI language in their solicitation notices when they
seek proposals for concessions.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 5
APPENDIX A -CONTRACT PROVISIONS
Al ACCESS TO RECORDS AND REPORTS
Al.1 SOURCE
2 CFR § 200.333
2 CFR § 200.336
FAA Order 5100 .38
Al.2 APPLICABILITY
2 CFR § 200.333 requires a sponsor to retain records pertinent to a Federal award for a period of three
years from submission of final closure documents. 2 CFR § 200.336 establishes that sponsors must
provide Federal entities the right to access records pertinent to the Federal award. FAA policy extends
these requirements to the sponsor's contracts and subcontracts of AIP funded projects.
Contract Types-The sponsor must include this provision in all contracts and subcontracts of AIP funded
projects.
Use of Provision -No mandatory language provided. The following language is acceptable to the FAA
with meeting the intent of this requirement. If the sponsor prefers to use different language, the
sponsor's language must fully satisfy the requirements of§§ 200.333 and 200 .336 .
Al.3 CONTRACT CLAUSE
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide
the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and
reports required under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 1
A2 AFFIRMATIVE ACTION REQUIREMENT
A2.l SOURCE
41 CFR part 60-4
Executive Order 11246
A2.2 APPLICABILITY
Minority Participation. Sponsors are required to set goals for minority participation in AIP funded
projects exceeding $10,000. The goals for minority participation derive from Economic Area (EA) and
Standard Metropolitan Statistical Area (SMSA) as established in Volume 45 of the Federal Register dated
10/3/80. Page 65984 contains a table of all EAs and SMSAs and the associated minority participation
goals.
To find the goals for minority participation, a sponsor must either refer to the Federal Register Notice or
to the Department of Labor online document, "Participation Goals for Minorities and Fema les ". EAs and
SMSAs span state boundaries. A sponsor may have to refer to entries for adjacent states in order to
locate the goal for the project location.
Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for female participation
for all construction projects. This value remains constant for all counties and states.
Contract Types -
Construction -The sponsor must incorporate this notice in all solicitations for bids or requests
for proposals for AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension,
demolition or repair of buildings, highways or other changes or improvements to real property,
including facilities providing utility services. The term also includes the supervision, inspection
and other onsite functions incidental to the actual construction.
Equipment-The sponsor must incorporate this notice in any equipment project exceeding
$10,000 that involves installation of equipment onsite (e.g. electrical vault equipment). This
provision does not apply to equipment acquisition projects where the manufacture of the
equipment takes place offsite at a manufacturer's plant (e .g. firefighting and snow removal
vehicles).
Professional Services -The sponsor must incorporate this notice in any professional service
agreement if the professional services agreement includes tasks that meet the definition of
construction work [as defined by the U.S. Department of Labor (DOL)] and exceeds $10,000.
Examples include installation of monitoring systems (e.g. noise, environmental, etc.).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 2
Property/Land-The sponsor must incorporate this notice in any agreement associated with
land acquisition if the agreement includes construction work (defined above) that exceeds
$10,000. Examples include demolition of structures or installation of boundary fencing.
Use of Provision -MANDATORY TEXT. The sponsor must:
(a) Incorporate the text of this provision in its solicitations without modification.
(b) Incorporate the applicable minority participation goal and the covered area by geographic
name.
(c) Not simply insert a reference to the 1980 Federal Register Notice.
A2.3 SOLICITATION CLAUSE
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as
follows:
Timetables
Goals for minority participation for each trade: 0%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours
of minority and female employment and training must be substantially uniform throughout the length of
the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities
and women evenly on each of its projects. The transfer of minority or female employees or trainees
from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's
goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation.
The notification shall list the name, address, and telephone number of the subcontractor; employer
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 3
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the subcontract is
to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
City of Ellensburg, Kittitas County, Washington State.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 4
A3 BREACH OF CONTRACT TERMS
A3.1 SOURCE
2 CFR § 200 Appendix ll(A)
A3.2 APPLICABILITY
This provision requires sponsors to incorporate administrative, contractual or legal remedies if
contractor violate or breach contract terms . The sponsor must also include appropriate sanctions and
penalties.
Contract Types -This provision is required for all contracts that exceed the simplified acquisition
threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation
and is now equal to $150,000.
Use of Provision -No mandatory language provided. The following language is acceptable to the FAA as
meeting the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of part 200. Select either "contractor" or "consultant" as applicable.
A3.3 CONTRACT CLAUSE
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Century West Engineering Corp. 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 Century West Engineering Corp. written notice that describes the nature of the breach
and corrective actions the Century West Engineering Corp. 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 Century West Engineering Corp. must correct the breach. Owner
may proceed with termination of the contract if the Century West Engineering Corp. 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.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 5
A4 BUY AMERICAN PREFERENCE
A4.1 SOURCE
Title 49 USC § 50101
A4.2 APPLICABILITY
The Buy American Preference requirement in 49 USC§ 50101 requires that all steel and manufactured
goods used on AIP projects be produced in the United States. The statute gives the FAA the ability to
issue a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting
certain conditions. A sponsor may request that the FAA issue a waiver from the Buy American
Preference requirements if the FAA finds that:
1) Applying the provision is not in the public interest;
2) The steel or manufactured goods are not available in sufficient quantity or quality in the United
States;
3) The cost of components and subcomponents produced in the United States is more than
60 percent of the total components of a facility or equipment, and final assembly has taken
place in the United States. Items that have an FAA standard specification item number (such as
specific airport lighting equipment) are considered the equipment.
4) Applying this provision would increase the cost ofthe overall project by more than 25 percent.
Timing of Waiver Requests. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver
requests before issuing a solicitation for bids or a request for proposal for a project.
The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will
generally not consider waiver requests after execution of the contract except where extraordinary and
extenuating circumstances exist. The FAA cannot review waiver requests with incomplete information.
Sponsors must assess the adequacy ofthe waiver request and associated information prior to
forwarding a waiver request to the FAA for action.
Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has
received a nationwide waiver from the Buy American Preference requirements or that fully meet the
Buy American requirements. The Nationwide Buy American Waiver List is available online at
www.faa.gov/airports/aip/buy amerfcan/. Products listed on the Buy American Conformance list do
not require additional submittal of domestic content information under a project specific Buy American
Preference waiver.
Facility Waiver Requests. For construction of a facility, the sponsor may submit the waiver request
after bid opening, but prior to contract execution. Examples of facility construction include terminal
buildings, terminal renovation, and snow removal equipment buildings.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 6
Contract Types -
Construction and Equipment-The sponsor must meet the Buy American Preference
requirements of 49 USC§ 50101 for all AIP funded projects that require steel or manufactured
goods. The Buy America requirements flow down from the sponsor to first tier contractors, who
are responsible for ensuring that lower tier contractors and subcontractors are also in
compliance.
Note: The Buy American Preference does not apply to equipment a contractor uses as a tool of
its trade and which does not remain as part of the project.
Professional Services -Professional service agreements (PSAs) do not normally result in a
deliverable that meets the definition of a manufactured product. However, the emergence of
various project delivery methods has created situations where task deliverables under a PSA
may include a manufactured product. If a PSA includes providing a manufactured good as a
deliverable under the contract, the sponsor must include the Buy American Preference provision
in the agreement.
Property-Most land transactions do not involve acquiring a manufactured product. However,
under certain circumstances, a property acquisition project could result in the installation of a
manufactured product. For example, the installation of property fencing, gates, doors and locks,
etc. represent manufactured products acquired under an AIP funded land project that must
comply with Buy American Preferences.
Use of Provision -No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised
language must fully comply with 49 USC§ 50101.
There are two types of Buy American certifications. The sponsor must incorporate the appropriate
"Certificate of Buy America Compliance" in the solicitation:
• Projects for a facility (buildings such as terminals, snow removal equipment (SRE) buildings,
aircraft rescue and firefighting (ARFF) buildings, etc.) -Insert the Certificate of Compliance
Based on Total Facility.
• Projects for non-facility development (non-building construction projects such as runway or
roadway construction or equipment acquisition projects) -Insert the Certificate of Compliance
Based on Equipment and Materials Used on the Project.
A4.3 SOLICITATION CLAUSE
A4.3.1 Buy American Preference Statement
BUY AMERICAN PREFERENCE
The Contractor agrees to comply with 49 USC§ 50101, which provides that Federal funds may not be
obligated unless all steel and manufactured goods used in AIP funded projects are produced in the
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 7
United States, unless the Federal Aviation Administration has issued a waiver for the product; the
product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart
25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.
A bidder or offeror must complete and submit the Buy America certification included herein with their
bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed
Certificate of Buy American Compliance.
A4.3.2 Certificate of Buy American Compliance -Total
Facility
CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this
certification statement with its proposal. The bidder or offeror must indicate how it intends to comply
with 49 USC § 50101 by selecting one of the following certification statements. These statements are
mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark (✓) or
the letter "X".
D Bidder or offeror hereby certifies that it will comply with 49 USC§ 50101 by:
a) Only installing steel and manufactured products produced in the United States; or
b) Installing manufactured products for which the Federal Aviation Administration (FAA)
has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy
American Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
• To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
• To faithfully comply with providing U.S. domestic products.
• To refrain from seeking a waiver request after establishment of the contract, unless extenuating
circumstances emerge that the FAA determines justified.
D The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American
Preferences of 49 USC§ 50101(a) but may qualify for either a Type 3 or Type 4 waiver under
49 USC § 50 IO I (b ). By selecting this certification statement, the apparent bidder or offeror with
the apparent low bid agrees:
a) To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that supports the type of waiver being
requested.
b) That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination that may result in rejection of the proposal.
c) To faithfully comply with providing U.S. domestic products at or above the approved
U.S. domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 8
e) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver -The cost of components and subcomponents produced in the United States is more
than 60 percent of the cost of all components and subcomponents of the "facility". The required
documentation for a Type 3 waiver is:
a) Listing of all manufactured products that are not comprised of I 00 percent U.S. domestic content
( excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and
products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown
origin must be considered as non-domestic products in their entirety).
b) Cost of non-domestic components and subcomponents, excluding labor costs associated with
final assembly and installation at project location.
c) Percentage of non-domestic component and subcomponent cost as compared to total "facility"
component and subcomponent costs, excluding labor costs associated with final assembly and
installation at project location.
Type 4 Waiver -Total cost of project using U.S. domestic source product exceeds the total project cost
using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is:
a) Detailed cost information for total project using U.S. domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC§ 47126, this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code.
Date Signature
Company Name Title
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 9
A4.3.3 Certificate of Buy American Compliance -
Manufactured Product
Certificate of Buy American Compliance for Manufactured Products
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this
certification statement with their proposal. The bidder or offeror must indicate how they intend to
comply with 49 USC § 50101 by selecting one on the following certification statements. These
statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a
checkmark (✓)or the letter "X".
D Bidder or offeror hereby certifies that it will comply with 49 USC§ 50101 by:
a) Only installing steel and manufactured products produced in the United States;
b) Installing manufactured products for which the Federal Aviation Administration (FAA)
has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy
American Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
2. To faithfully comply with providing U.S . domestic product.
3. To furnish U.S. domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
D The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American
Preferences of 49 USC§ 50101(a) but may qualify for either a Type 3 or Type 4 waiver under
49 USC§ 50101(b). By selecting this certification statement, the apparent bidder or offeror with
the apparent low bid agrees:
l. To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that supports the type of waiver being
requested.
2. That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination may result in rejection of the proposal.
3. To faithfully comply with providing U.S. domestic products at or above the approved
U.S. domestic content percentage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver -The cost of the item components and subcomponents produced in the United States is
more that 60 percent of the cost of all components and subcomponents of the "item". The required
documentation for a Type 3 waiver is:
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 10
a) Listing of all product components and subcomponents that are not comprised of 100
percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal Acquisition
Regulation Subpart 25.108; products of unknown origin must be considered as non-
domestic products in their entirety).
b) Cost of non-domestic components and subcomponents, excluding labor costs associated
with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total
"item " component and subcomponent costs, excluding labor costs associated with final
assembly at place of manufacture.
Type 4 Waiver-Total cost of project using U.S. domestic source product exceeds the total project cost
using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is:
a) Detailed cost information for total project using U.S. domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC§ 47126, this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may
render the maker subject to prosecution under Title 18 , United States Code.
Date Signature
Company Name Title
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 11
AS CIVIL RIGHTS -GENERAL
AS.l SOURCE
49 USC§ 47123
AS.2 APPLICABILITY
There are two separate civil rights provisions that apply to projects:
1. FAA General Civil Rights Provision and,
2. Title VI provisions, which are addressed in Appendix AG.
Contract Types -The General Civil Rights Provisions found in 49 USC§ 47123, derived from the Airport
and Airway Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of funding
source.
Use of Provision -MANDATORY TEXT. There are two separate general civil rights provisions -one that
is used for contracts, and one that is used for lease agreements or transfer agreements. The sponsor
must incorporate the text of the appropriate provision without modification into the contract, or the
lease or transfer agreement.
AS.3 CONTRACT CLAUSE (Use the Correct Clause for the Situation)
AS.3.1 Clause that is used for Contracts
GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights
Act of 1964.
AS.3.2 Clause that is used for Lease Agreements or
Transfer Agreements
GENERAL CIVIL RIGHTS PROVISIONS
The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Executive Orders and such
rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting
from Federal assistance. If the (tenant/concessionaire/lessee) transfers its obligation to another, the
transferee is obligated in the same manner as the (tenant/concessionaire/lessor).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Proj~cts
Issued on December 12, 2017 Page 12
This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is
owned, used or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the
Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil
Rights Act of 1964 .
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 13
AG CIVIL RIGHTS -TITLE VI ASSURANCE
AG.1 SOURCE
49 USC§ 47123
FAA Order 1400.11
AG.2 APPLICABILITY
Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of
race, color, or national origin under any program or activity receiving Federal financial assistance.
Sponsors must include appropriate clauses from the Standard DOT Title VI Assurances in all contracts
and solicitations.
The text of each individual clause comes from the U.S. Department of Transportation Order DOT 1050.2.
Standard Title VI Assurances and Nondiscrimination Provisions, effective April 24, 2013. These
assurances require that the Recipient (the sponsor) insert the appropriate clauses in the form provided
by the DOT. Where the clause refers to the applicable activity, project, or program, it means the AIP
project.
The clauses are as follows:
AG.2.1 Applicability of Title VI Solicitation Notice
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
Title VI Solicitation Notice -1) All AIP funded solicitations for bids, A6.3.1
• Assurance 2 of the DOT requests for proposals, or any work
Standard Title VI Assurances subject to Title VI regulations; and
and Nondiscrimination 2) All sponsor proposals for negotiated
Clauses agreements regardless of funding
source.
• Assurance 30d of the Airport
Sponsor Assurances
Title VI Clauses for Compliance with Every contract or agreement (unless the A6.4.1
Nondiscrimination Requirements sponsor has determined, and the FAA
• Assurance 3 of the DOT concurs, that the contract or agreement is
Standard Title VI Assurances not subject to the Nondiscrimination Acts
and Nondiscrimination and Authorities)
Clauses It has been determined that service
Assurance 30e.1 of the
contracts with utility companies that are • already subject to nondiscrimination Airport Sponsor Assurances requirements must include this clause.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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II
11
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
Title VI Required Clause for Property As a covenant running with the land, in AG.4.2
Interests Transferred from the any deed from the United States effecting
United States or recording a transfer of real property,
• Assurance 4 of the DOT structures, use, or improvements thereon
Standard Title VI Assurances or interest therein to a sponsor.
and Nondiscrimination Th is is a rare occurrence and it will be the
Clauses responsibility of the United States
• Assurance 30e.3 of the government to include the clause in the
Airport Sponsor Assurances contract.
Title VI Required Clause for Transfer As a covenant running with the land , in AG .4 .3
of Real Property Acquired or any future deeds, leases, licenses, permits,
Improved Under the Activity, Facility or similar instruments entered into by the
or Program -sponsor with other parties for all transfers
• Assurance 5 ofthe DOT of real property acquired or improved
Standard Title VI Assurances under Airport Improvement Program
and Nondiscrimination This applies to agreements such as leases
Clauses where a physical portion of the airport is
Assurance 30e .4a of the transferred for use, for example a fuel • farm , apron space, or a parking facility. Airport Sponsor Assurances
Clause for Construction/Use/ Access In any future (deeds, leases, licenses, AG.4.4
to Real Property Acquired Under the permits, or similar instruments) entered
Activity, Facility or Program into by the sponsor with other parties for
• Assurance 6 of the DOT the construction or use of, or access to,
Standard Title VI Assurances space on, over, or under real property
and Nondiscrimination acquired or improved under Airport
Clauses Improvement Program
• Assurance 30e.4b of the This applies to agreements such as leases
Airport Sponsor Assurances of concession space in a terminal.
Title VI List of Pertinent Insert this list in every contract or AG.4.5
Nondiscrimination Acts and agreement, unless the sponsor has
Authorities determined, and the FAA concurs, that the
• Assurance 3 of the DOT contract or agreement is not subject to the
I Standard Title VI Assurances Nondiscrimination Acts and Authorities.
and Nondiscrimination This list can be omitted if the FAA has
Clauses determined that the contractor or
• Assurance 30e.2 of the company is already subject to
Airport Sponsor Assurances nondiscrimination requirements.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 15
A6.3 SOLICITATION CLAUSE
The sponsor must include this clause in:
1) All AIP funded solicitations for bids, requests for proposals, or any work subject to Title VI
regulations; and
2) All sponsor proposals for negotiated agreements regardless of funding source.
A6.3.1 Title VI Solicitation Notice
Title VI Solicitation Notice:
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 USC§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors
that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select
disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an award.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 16
A6.4 CONTRACT CLAUSES
A6.4.1 Title VI Clauses for Compliance with
Nondiscrimination Requirements
The sponsor must include this contract clause in:
1) Every contract or agreement (unless the sponsor has determined, and the FAA concurs,
that the contract or agreement is not subject to the Nondiscrimination Acts and
Authorities); and
2) Service contracts with utility companies that are already subject to nondiscrimination
requirements.
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, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination prohibited by
the Nondiscrimination Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
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 ofrace, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a Contractor 's noncompliance with the non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 17
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.
A6.4.2 Title VI Clauses for Deeds Transferring United
States Property
This is a rare occurrence, and it will be the responsibility of the United States government to include the
clause in the contract. It will be included as a covenant running with the land, in any deed from the
United States effecting or recording a transfer of real property, structures, use, or improvements
thereon or interest therein to a sponsor.
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer ofreal property ,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of the Airport Improvement Program grant assurances.
NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the
condition that the (Title of Sponsor) will accept title to the lands and maintain the project constructed
thereon in accordance with (Name of Appropriate Legislative Authority), for the (Airport
Improvement Program or other program for which land is transferred), and the policies and
procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation
in accordance and in compliance with all requirements imposed by Title 49 , Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to
and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 USC §
2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (Title of Sponsor) all the
right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and
to said lands described in (Exhibit A attached hereto or other exhibit describing the transferred
property) and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto (Title of Sponsor) and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used
for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the (Title of Sponsor), its successors and
assigns.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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The (Title of Sponsor), in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that
(I) no person will on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed[,] [and]* (2) that the (Title of Sponsor)
will use the lands and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of
the above-mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter
said lands and facilities on said land, and that above described land and facilities will thereon revert to
and vest in and become the absolute property of the Federal Aviation Administration and its assigns as
such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
A6.4.3 Title VI Clauses for Transfer of Real Property
Acquired or Improved Under the Activity, Facility,
or Program
This applies to agreements such as leases where a physical portion of the airport is transferred for
use-for example a fuel farm, apron space, or a parking facility-and will be included as a covenant
running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into
by the sponsor with other parties for all transfers of real property acquired or improved under the
Airport Improvement Program.
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
AIRPORT IMPROVEMENT PROGRAM
The following clauses will be included in (deeds, licenses, leases, permits, or similar instruments)
entered into by the (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program
grant assurances.
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant
running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this (deed, license, lease, permit, etc.) for a purpose for which a
Federal Aviation Administration activity, facility, or program is extended or for
another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
in compliance with all requirements imposed by the Nondiscrimination Acts and
Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be
amended) such that no person on the grounds of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Kittitas County will have the right to terminate the (lease,
license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon,
and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination
covenants, the Kittitas County will have the right to enter or re-enter the lands and facilities
thereon, and the above described lands and facilities will there upon revert to and vest in
and become the absolute property of the Kittitas County and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 20
A6.4.4 Title VI Clauses for Construction/Use/Access to
Real Property Acquired Under the Activity,
Facility or Program
This applies to agreements such as leases of concession space in a terminal and any future deeds, leases,
licenses, permits, or similar instruments entered into by the sponsor with other parties for the
construction or use of, or access to, space on, over, or under real property acquired or improved under
the Airport Improvement Program.
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds , licenses, permits, or similar instruments/agreements
entered into by (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program grant
assurances.
A. The (grantee, licensee, permittee , etc., as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant
running with the land") that ( l) no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements
on , over, or under such land, and the furnishing of services thereon, no person on the ground
of race, color, or national origin, will be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements imposed by or
pursuant to the List of discrimination Acts And Authorities.
B. With respect to (licenses, leases , permits, etc .), in the event of breach of any of the above
nondiscrimination covenants, (Title of Sponsor) will have the right to terminate the (license ,
permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been
made or issued.*
C. With respect to deeds, in the event of breach of any of the above nondiscrimination
covenants, (Title of Sponsor) will there upon revert to and vest in and become the absolute
property of (Title of Sponsor) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 21
A6.4.5 Title VI List of Pertinent Nondiscrimination Acts
and Authorities
Insert this list in every contract or agreement, unless the sponsor has determined and the FAA concurs,
that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities. This list can
be omitted if the FAA has determined that the contractor or company is already subject to
nondiscrimination requirements.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 USC
§ 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC§ 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC§ 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC§ 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973 , by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC§§ 12131 -12189) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration 's Nondiscrimination statute (49 USC§ 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations , which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs (70
Fed. Reg. at 74087 to 74100);
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• 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).
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A7 CLEAN AIR AND WATER POLLUTION CONTROL
A7.1 SOURCE
2 CFR § 200, Appendix ll(G)
A7.2 APPLICABILITY
Contract Types -This provision is required for all contracts and lower tier contracts that exceed
$150,000.
Use of Provision -No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the sponsor uses different language, the sponsor's
language must fully satisfy the requirements of Appendix II to 2 CFR §200.
A7 .3 CONTRACT CLAUSE
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC§ 740-767lq) and the Federal Water Pollution Control Act as amended (33 USC
§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the
Federal Aviation Administration .
Contractor must include this requirement in all subcontracts that exceeds $150,000.
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AS CONTRACT WORKHOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
AS.1 SOURCE
2 CFR § 200, Appendix ll(E)
AS.2 APPLICABILITY
Contract Workhours and Safety Standards Act Requirements (CWHSSA) requires contractors and
subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the
contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.
CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally assisted
projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the
compensation requirements of this Act, while DOL's Occupational Safety and Health Administration
(OSHA) enforces the safety and health requirements
Contract Types -
Construction -This provision applies to all contracts and lower tier contracts that exceed
$100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment-This provision applies to any equipment project exceeding $100,000 that involves
installation of equipment onsite (e .g. electrical vault equipment). This provision does not apply
to equipment acquisition projects where the manufacture of the equipment takes place offsite
at the vendor plant (e.g. ARFF and SRE vehicles).
Professional Services -This provision applies to professional service agreements that exceed
$100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of
survey crews and exploratory drilling operations.
Property-While most land transactions do not involve employment of laborers, mechanics,
watchmen, and guards, under certain circumstances, a property acquisition project could
require such employment. Examples include the installation of property fencing or testing for
environmental contamination
Use of Provision -MANDATORY TEXT. Sponsors must incorporate this text without modification.
AS.3 CONTRACT CLAUSE
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
I . 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
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rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph ( 1) of this clause, the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the
sum of $10 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through ( 4) and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
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A9 COPELAND "ANTI-KICKBACK" ACT
A9.1 SOURCE
2 CFR § 200, Appendix ll(D)
29 CFR Parts 3 and 5
A9.2 APPLICABILITY and PURPOSE
The Copeland (Anti-Kickback) Act (18 USC 874 and 40 USC 3145) makes it unlawful to induce by force,
intimidation, threat of dismissal from employment, or by any other manner, any person employed in the
construction or repair of public buildings or public works, financed in whole or in part by the United
States, to give up any part of the compensation to which that person is entitled under a contract of
employment . The Copeland Act also requires each contractor and subcontractor to furnish weekly a
statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types -
Construction -This provision applies to all construction contracts and subcontracts financed
under the AIP that exceed $2,000.
Equipment-This provision applies to all equipment installation projects (e.g. electrical vault
improvements) financed under the AIP that exceed $2,000. This provision does not apply to
equipment acquisitions where the equipment is manufactured at the vendor's plant (e.g. SRE
and ARFF vehicles).
Professional Services -The emergence of different project delivery methods has created
situations where Professional Service Agreements (PSAs) include tasks that meet the definition
of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that
qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate
the Copeland Anti-kickback provision.
Property-Ordinarily, land acquisition projects would not involve employment of laborers or
mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land
projects that involve installation of boundary fencing and demolition of structures would involve
laborers and mechanics. The sponsor must include this provision if the land acquisition project
involves employment of laborers or mechanics for a contract exceeding $2,000.
Use of Provision -MANDATORY TEXT. 29 CFR Part 5 establishes specific language a sponsor must use
in construction contracts. The sponsor may not make any modification to the standard language.
Architectural/Engineering (A/E) firms that employ laborers and mechanics on a task that meets the
definition of construction, alteration, or repair are acting as a contractor. The sponsor may not
substitute the term "contractor" for "consultant" in such instances.
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A9.3 CONTRACT CLAUSE
COPELAND "ANTI-KICKBACK" ACT
Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 USC 874 and
40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and
subcontractors are prohibited from inducing, by any means, any person employed on the project to give
up any part of the compensation to which the employee is entitled. The Contractor and each
Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee
performing on covered work during the prior week. Owner must report any violations of the Act to the
Federal Aviation Administration.
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Al0 DAVIS-BACON REQUIREMENTS
Al0.1 SOURCE
2 CFR § 200, Appendix ll(D)
29 CFR Part 5
Al0.2 APPLICABILITY
The Davis-Bacon Act ensures that laborers and mechanics employed under the contract receive pay no
less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types -
Construction -Incorporate into all construction contracts and subcontracts that exceed $2,000
and include funding from the AIP.
Equipment-This provision applies to all equipment installation projects (e.g. electrical vault
improvements) financed under the AIP that exceed$ 2, 000. This provision does not apply to
equipment acquisitions where the equipment is manufactured at the vendor's plant (e.g. SRE
and ARFF vehicles)
Professional Services -The emergence of different project delivery methods has created
situations where Professional Service Agreements (PSAs) includes tasks that meet the definition
of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that
qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate
this clause.
Property-Ordinarily, land acquisition projects would not involve employment of la borers or
mechanics and thus the provision would not apply. However, land projects that involve
installation of boundary fencing and demolition of structures would involve laborers and
mechanics. The sponsor must include this provision if the land acquisition project involves
employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects -Fencing projects that exceed $2,000 must include this provision.
Use of Provision -MANDATORY TEXT. 29 CFR part 5 establishes specific language a sponsor must use .
The sponsor may not make any modification to the standard language. A/E firms that employ laborers
and mechanics on a task that meets the definition of construction, alteration, or repair are acting as a
contractor. The sponsor may not substitute the term "Contractor" for "Consultant" in such instances .
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Al0.3 CONTRACT CLAUSE
DA VIS-BACON REQUIREMENTS
I. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland
Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the Contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (l)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided that the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under (l)(ii) of this section) and the Davis-Bacon
poster (WH-1321) shal 1 be posted at all times by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class oflaborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by
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the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for detennination. The Administrator, or an authorized
representative, will issue a determination within 30 days ofreceipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(l)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification .
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of
work, all or part of the wages required by the contract, the Federal Aviation Administration may, after
written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
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3. Payrolls and Basic Records .
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each
such worker; his or her correct classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in l(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions
made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.S(a)(l)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records that show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or
the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if
the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or
Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls
submitted shall set out accurately and completely all of the information required to be maintained under
29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to include an individually identifying
number for each employee (e.g. the last four digits of the employee's social security number). The
required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at
www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the
full social security number and current address of each covered worker and shall provide them upon
request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency
is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may
be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance with
prevailing wage requirements. It is not a violation of this section for a prime contractor to require a
subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sponsoring government agency ( or the applicant, Sponsor, or
Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
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(I) The payroll for the payroll period contains the information required to be provided under 29 CFR §
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such
information is correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to
civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the sponsor,
the Federal Aviation Administration, or the Department of Labor and shall permit such representatives
to interview employees during working hours on the job. If the Contractor or subcontractor fails to
submit the required records or to make them available, the Federal agency may, after written notice to
the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered in
the program, but who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
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than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages ofthejourneyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination that provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
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5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
6 . Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
5.5(a)(l) through (10) and such other clauses as the Federal Aviation Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and
5 are herein incorporated by reference in this contract.
9 . Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the Contractor ( or any of its subcontractors) and the contracting agency,
the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 35
All DEBARMENT AND SUSPENSION
All.l SOURCE
2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5
All.2 APPLICABILITY
The sponsor must verify that the firm or individual that it is entering into a contract with is not presently
suspended, excluded, or debarred by any Federal department or agency from participating in federally
assisted projects. The sponsor accomplishes this by:
1) Checking the System for Award Management (SAM.gov) to verify that the firm or individual is
not listed in SAM.gov as being suspended, debarred, or excluded;
2) Collecting a certification from the firm or individual that it is not suspended, debarred, or
excluded;and
3) Incorporating a clause in the contract that requires lower tier contracts to verify that no
suspended, debarred, or excluded firm or individual is included in the project.
Contract Types -This requirement applies to covered transactions, which are defined in 2 CFR part 180.
AIP funded contracts are non-procurement transactions, as defined by §180 .970. Covered transactions
include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor,
supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is
expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
Use of Provision -No mandatory language provided. The following language is acceptable to the FAA in
meeting the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 2 CFR part 180. For professional service agreements, sponsor may
substitute bidder/offerer with consultant.
All.3 SOLICITATION CLAUSE
All.3.1 Bidder or Offerer Certification
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation
in this transaction.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 36
All.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to
a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,
the FAA may pursue any available remedies, including suspension and debarment of the non-compliant
participant.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 37
A12 DISADVANTAGED BUSINESS ENTERPRISE
A12.1
49 CFR part 26
A12.2
SOURCE
APPLICABILITY
A sponsor that anticipates awarding $250,000 or more in AIP funded prime contracts in a federal fiscal
year must have an approved Disadvantaged Business Enterprise (DBE) program on file with the FAA
Office of Civil Rights(§ 26.21). The approved DBE program will identify a 3-year overall program goal
that the sponsor bases on the availability of ready, willing, and able DBEs relative to all businesses ready,
willing, and able to participate on the project(§ 26.45).
Contract Types -Sponsors with a DBE program on file with the FAA must include the three following
provisions, if applicable:
1) Clause in all solicitations for proposals for which a contract goal has been established,
2) Clause in each prime contract, and
3) Clause in solicitations that are obtaining DBE participation through race/gender neutral
means.
Use of Provision -
l. Solicitations with a DBE Project Goal -No mandatory language provided. 49 CFR §26.53
requires a sponsor's solicitation to address what a contractor must submit on proposed DBE
participation. The language of A12.3.1 is acceptable to the FAA in meeting the intent of this
requirement. If the sponsor uses different language, the sponsor's revised language must
fully satisfy these requirements. The sponsor may require the contractor's submittal on
proposed DBE participation either at bid opening as a matter of responsiveness or within
five days of bid opening as a matter of responsibility.
2. Solicitations Relying on Race-gender Neutral Means -No mandatory language provided. The
language of Al2.3.2 is acceptable to the FAA in meeting the intent of this requirement. If
the sponsor uses different language, the sponsor's revised language must fully satisfy
requirements for a sponsor that is not applying a project specific contract goal but is
covered by a DBE program on file with the FAA.
3. Contracts Covered by DBE Program -MANDATORY TEXT PROVIDED . Sponsors must
incorporate this language if they have a DBE program on file with the FAA. This includes
projects where DBE participation is obtained through race-gender neutral means (i.e. no
project goal). Sections §26.13 and §26.29 establish mandatory language for contractor
assurance and prompt payment. The sponsor must not modify the language.
4. Sponsors that are not required to have a DBE program on file with the FAA are not required
to include DBE provisions and clauses.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 38
Al2.3 REQUIRED PROVISIONS
A12.3.1 Solicitation Language (Solicitations that include a
Project Goal)
laform ation Subm itted as a matter of bidder 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 bid responsiveness, the Bidder or Offeror must submit the following information with
its proposal on the forms provided herein :
I) 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; and
5) 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.
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.
The successful Bidder or Offeror must provide written confirmation of participation from each of the
DBE firms the Bidder or Offeror lists in its commitment 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; and
5) 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.
Al2.3.2
Means)
Solicitation Language (Race/Gender Neutral
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the [Insert Name of
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.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 39
A12.3.3 Prime Contracts (Projects Covered by a DBE
Program}
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) -
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by
the Contractor to carry out these requirements is a material breach of this contract, which may result in
the termination of this contract or such other remedy as the Owner deems appropriate, which may
include, but is not limited to:
I) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29)-The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the prime contractor receives from Kittitas County. The prime contractor agrees further to
return retainage payments to each subcontractor within 30 days after the subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the [Name of Recipient]. This clause
applies to both DBE and non-DBE subcontractors.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 40
Al3 DISTRACTED DRIVING
Al3.l
Executive Order 13513
DOT Order 3902.10
Al3.2
SOURCE
APPLICABILITY
The FAA 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.
Contract Types -Sponsors must insert this provision in all AIP funded contracts that exceed the micro-
purchase threshold of 2 CFR §200.67 (currently set at $3,500).
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA in
meeting the intent of this requirement. If the sponsor uses different language, the sponsor's revised
language must fully satisfy these requirements.
Al3.3 CONTRACT CLAUSE
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for
its employees and other work personnel that decrease crashes by distracted drivers, including policies
that ban text messaging while driving motor vehicles while performing work activities associated with
the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding
$3,500 that involve driving a motor vehicle in performance of work activities associated with the
project.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A14 ENERGY CONSERVATION REQUIREMENTS
A14.1 SOURCE
2 CFR § 200, Appendix ll(H)
A14.2 APPLICABILITY
The Energy Conservation Requirements of 2 CFR § 200 Appendix ll(H) requires this provision on energy
efficiency.
Contract Types -The sponsor must include this provision in all AIP funded contracts and lower-tier
contracts.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent ofthis requirement. If the sponsor uses different language, the sponsor's revised
language must fully satisfy these requirements. Sponsor may substitute "Contractor and subcontractor"
with "Consultant and sub-consultant" for professional service agreements.
A14.3 CONTRACT CLAUSE
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC 6201et seq).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A15 DRUG FREE WORKPLACE REQUIREMENTS
A15.1
49 CFR part 32
SOURCE
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
A15.2 APPLICABILITY
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to
agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a
Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the
Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Contract Types -This provision applies to all AIP funded projects, but not to the contracts between the
grantee (the sponsor) and a contractor, subcontractors, suppliers, or subgrantees.
Use of Provision -No mandatory or recommended text provided because the requirements do not
extend beyond the sponsor level.
AlS.3 CONTRACT CLAUSE
None.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 43
Al6 EQUAL EMPLOYEMENT OPPORTUNITY (EEO)
Al6.l SOURCE
2 CFR 200, Appendix ll(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246
Al6.2 APPLICABILITY
The purpose of this provision is to provide equal opportunity for all persons, without regard to race,
color, religion, sex, or national origin who are employed or seeking employment with contractors
performing under a federally assisted construction contract . There are two provisions -a construction
clause and a specification clause.
The equal opportunity contract clause must be included in any contract or subcontract when the
amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the
contract or subcontract must include the clause for the remainder of the year, regardless of the amount
or the contract.
Contract Types -
Construction -The sponsor must incorporate contract and specification language in all
construction contracts and subcontracts as required above.
Equipment-The sponsor must incorporate contract and specification language into all
equipment contracts as required above that involves installation of equipment onsite (e.g.
electrical vault equipment). This provision does not apply to equipment acquisition projects
where the manufacture of the equipment takes place offsite at the vendor plant (e.g. ARFF and
SRE vehicles).
Professional Services -The sponsor must include contract and specification language into all
professional service agreements as required above.
Property-The sponsor must include contract and specification language into all land acquisition
projects that include work that qualifies as construction work as defined by 41 CFR part 60 as
required above . An example is installation of boundary fencing .
Use of Provision -MANDATORY TEXT. 41 CFR § 60-1.4 provides the mandatory contract language. 41
CFR § 60-4.3 provides the mandatory specification language . The sponsor must incorporate these
clauses without modification.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 44
A16.3 MANDATORY CONTRACT CLAUSE
A16.3.1 EEO Contract Clause
EQUAL OPPORTUNITY CLAUSE
During the perfonnance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff, or tennination; rates of pay or other fonns of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the Contractor's commitments under this section and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
( 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all infonnation and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 45
vendor. The Contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency
the Contractor may request the United States to enter into such litigation to protect the interests of the
United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U .S . Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin regardless ofrace);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
( 4) American Indian or Alaskan native ( all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by
the U.S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in
accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall
be able to demonstrate their participation in and compliance with the provisions of any such Hometown
Plan. Each contractor or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 46
under the Plan in each trade in which it has employees. The overall good faith performance by other
contractors or subcontractors toward a goal in an approved Plan does not excuse any covered
contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through 7p of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors performing construction
work in a geographical area where they do not have a Federal or federally assisted construction contract
shall apply the minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such notices
may be obtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom
the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse
the Contractor's obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees shall be employed by the Contractor during the training period and
the Contractor shall have made a commitment to employ the apprentices and trainees at the completion
of their training, subject to the availability of employment opportunities. Trainees shall be trained
pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully and shall
implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are
aware of and carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 47
individual was sent to the union hiring hall for referral and was not referred back to the Contractor
by the union or, if referred , not employed by the Contractor, this shall be documented in the file
with the reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or female sent by the Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The Contractor shall provide notice of these
programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all employees at each location
where construction work is performed .
g. Review, at least annually , the company's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment, layoff,
termination , or other employment decisions, including specific review of these items, with onsite
supervisory personnel such superintendents , general foremen , etc ., prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition of the
subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to
and discussing the Contractor's EEO policy with other contractors and subcontractors with whom
the Contractor does or anticipates doing business.
i. Direct its recruitment efforts , both oral and written, to minority , female , and community
organizations, to schools with minority and female students; and to minority and female recruitment
and training organizations serving the Contractor's recruitment area and employment needs. Not
later than one month prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source, the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and tests to be used in the
selection process.
j. Encourage present minority and female employees to recruit other minority persons and women
and , where reasonable, provide after school , summer, and vacation employment to minority and
female youth both on the site and in other areas of a contractor's workforce.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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k. Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations under
these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or
more of their affirmative action obligations (7a through 7p). The efforts ofa contractor association,
joint contractor union, contractor community, or other similar groups of which the Contractor is a
member and participant may be asserted as fulfilling any one or more of its obligations under 7a through
7p of these specifications provided that the Contractor actively participates in the group, makes every
effort to assure that the group has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and
female workforce participation, makes a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the effectiveness of actions taken on
behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, if the particular group is employed in a substantially disparate manner (for example, even
though the Contractor has achieved its goals for women generally), the Contractor may be in violation
of the Executive Order if a specific minority group of women is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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12 . The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, tennination, and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who
fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive
Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR
part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions
hereof as may be required by the Government, and to keep records. Records shall at least include for
each employee, the name, address, telephone number, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was perfonned. Records shall be
maintained in an easily understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the
Community Development Block Grant Program).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 50
A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
A17.1
29 USC§ 201, et seq
A17.2
SOURCE
APPLICABILITY
The U.S. Department of Labor (DOL) Wage and Hour Division administers the Fair Labor Standards Act
(FLSA). This act prescribes federal standards for basic minimum wage, overtime pay, record keeping,
and child labor standards.
Contract Types -Per the Department of Labor, all employees of certain enterprises having workers
engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or
otherwise working on goods or materials that have been moved in or produced for such commerce by
any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted
project must comply with the FLSA.
Professional Services -29 CFR § 213 exempts employees in a bona fide executive, administrative
or professional capacity. Because professional firms employ individuals that are not covered by
this exemption, the sponsor's agreement with a professional services firm must include the FLSA
provision.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 29 USC§ 201.The sponsor must select contractor or consultant, as
appropriate for the contract.
A17.3 SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if
given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor
standards for full and part-time workers.
The [Contractor I Consultant] has full responsibility to monitor compliance to the referenced statute or
regulation. The [Contractor I Consultant] must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor -Wage and Hour Division.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 51
A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
A18.1 SOURCE
31 USC§ 1352 -Byrd Anti-Lobbying Amendment
2 CFR part 200, Appendix ll(J)
49 CFR part 20, Appendix A
A18.2 APPLICABILITY
Consultants and contractors that apply or bid for an award of $100,000 or more must certify that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Contract Types -The sponsor must incorporate this provision into all contracts exceeding $100,000.
Use of Provision -MANDATORY TEXT. Appendix A to 49 CFR Part 20 prescribes language the sponsor
must use. The sponsor must incorporate this provision without modification.
A18.3 CONTRACT CLAUSE
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan , the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants , and contracts under
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 53
A19 PROHIBITION of SEGREGATED FACILITIES
A19.1
41 CFR § 60
A19.2
SOURCE
APPLICABILITY
The contractor must comply with the requirements of the EEO clause by ensuring that facilities they
provide for employees are free of segregation on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin . This clause must be included in all contracts that include
the equal opportunity clause, regardless of the amount of the contract.
Contract Types -AIP sponsors must incorporate the Prohibition of Segregated Facilities clause in any
contract containing the Equal Employment Opportunity clause of 41 CFR §60.1. This obligation flows
down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity
clause.
Construction -Construction work means construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or improvements to
real property, including facilities providing utility services. The term also includes the
supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment-On site installation of equipment such as airfield lighting control equipment meets
the definition of construction and thus this provision would apply. This provision does not apply
to equipment projects involving manufacture of the item at a vendor's manufacturing plant. An
example would be the manufacture of a SRE or ARFF vehicle.
Professional Services -Professional services that include tasks that qualify as construction work
as defined by 41 CFR part 60. Examples include the installation of noise monitoring equipment.
Property/Land-Land acquisition contracts that include tasks that qualify as construction work
as defined by 41 CFR part 60. Examples include demolition of structures or installation of
boundary fencing .
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 41 CFR § 60.
A19.3 CONTRACT CLAUSE
PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained. The
Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause
in this contract.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees that are segregated by explicit directive or are in fact segregated on the
basis ofrace, color, religion, sex, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Employment Opportunity clause of this contract.
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A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
A20.1
29 CFR part 1910
A20.2
SOURCE
APPLICABILITY
Contract Types -All contracts and subcontracts must comply with the Occupational Safety and Health
Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA)
oversees the workplace health and safety standards wage provisions from OSH.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 20 CFR part 1910.
A20.3 CONTRACT CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide
a work environment that is free from recognized hazards that may cause death or serious physical harm
to the employee. The employer retains full responsibility to monitor its compliance and their
subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act
of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a
referenced requirement directly with the U.S. Department of Labor -Occupational Safety and Health
Administration.
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A21 PROCUREMENT OF RECOVERED MATERIALS
A21.1
2 CFR § 200.322
40 CFR part 247
SOURCE
Solid Waste Disposal Act
A21.2 APPLICABILITY
Sponsors of AIP funded development and equipment projects must comply with Section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Section 6002
emphasizes maximizing energy and resource recovery through use of affirmative procurement actions
for recovered materials identified in the Environmental Protection Agency (EPA) guidelines codified at
40 CFR part 247. When acquiring items designated in the guidelines, the sponsor must procure items
that contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition.
Contract Types -This provision applies to any contracts that include procurement of products
designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment-Include this provision in all construction and equipment projects.
Professional Services and Property-Include this provision if the agreement includes
procurement of a product that exceeds $10,000.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 2 CFR § 200.
A21.3 CONTRACT CLAUSE
PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use products containing the highest percentage of recovered materials for items designated by the
Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal
year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during
the previous fiscal year.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 57
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-
guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A22 RIGHT TO INVENTIONS
A22.1 SOURCE
2 CFR § 200, Appendix ll(F)
37 CFR §401
A22.2 APPLICABILITY
Contract Types -This provision applies to all contracts and subcontracts with small business firms or
nonprofit organizations that include performance of experimental, developmental, or research work.
This clause is not applicable to construction, equipment, or professional service contracts unless the
contract includes experimental, developmental, or research work.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of Appendix II to 2 CFR part 200.
A22.3 CONTRACT CLAUSE
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14.
Contractor must include this requirement in all sub-tier contracts involving experimental,
developmental, or research work.
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A23 SEISMIC SAFETY
A23.1
49 CFR part 41
A23.2
SOURCE
APPLICABILITY
Contract Types -This provision applies to construction of new buildings and additions to existing
buildings financed in whole or in part through the Airport Improvement Program.
Professional Services-Sponsor must incorporate this clause in any contract involved in the
construction of new buildings or structural addition to existing buildings.
Construction -Sponsor must incorporate this clause in any contract involved in the construction
of new buildings or structural addition to existing buildings.
Equipment-Sponsor must include the construction provision if the project involves
construction or structural addition to a building such as an electrical vault project to
accommodate or install equipment.
Land-This provision will not typically apply to a property/land project.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 49 CFR part 41.
A23.3 CONTRACT CLAUSE
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard that provides a level of seismic
safety substantially equivalent to standards as established by the National Earthquake Hazards
Reduction Program (NEHRP). Local building codes that model their building code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of
compliance" that attests conformance of the building design and the construction specifications with the
seismic standards ofNEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed
by subcontractors, conforms to a building code standard that provides a level of seismic safety
substantially equivalent to standards established by the National Earthquake Hazards Reduction
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 60
Program (NEHRP). Local building codes that model their code after the current version of the
International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
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Issued on December 12, 2017 Page 61
A24 TAX DELINQUENCY AND FELONY CONVICTIONS
A24.1 SOURCE
Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76),
and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 -Requirements for Procurement and Non-Procurement Regarding Tax Delinquency
and Felony Convictions
A24.2 APPLICABILITY
The sponsor must ensure that no funding goes to any contractor who:
• Has been convicted of a Federal felony within the last 24 months; or
• Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or
been exhausted.
Contract Types -This provision applies to all contracts funded in whole or part with AIP.
Use of Provision -The following language is acceptable to the FAA and meets the intent of this
requirement. lfthe sponsor uses different language, the sponsor's language must fully satisfy the
requirements of DOT Order 4200.6.
A24.3 CONTRACT CLAUSE
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ✓) in the
space following the applicable response. The applicant agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is not ( X) a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
2) The applicant represents that it is not a corporation that was convicted of a criminal violation
under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is
ineligible to receive an award unless the sponsor has received notification from the agency suspension
and debarment official (SDO) that the SDO has considered suspension or debarment and determined
that further action is not required to protect the Government's interests. The applicant therefore must
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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provide information to the owner about its tax liability or conviction to the Owner, who will then notify
the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of
the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twentyfour
(24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under 18
u.s.c. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A25 TERMINATION OF CONTRACT
A25.l SOURCE
2 CFR § 200 Appendix ll(B)
FAA Advisory Circular 150/5370-10, Section 80-09
A25.2 APPLICABILITY
Contract Types -All contracts and subcontracts in excess of $10,000 must address termination for cause
and termination for convenience by the sponsor. The provision must address the manner (i.e. notice,
opportunity to cure, and effective date) by which the sponsor's contract will be affected and the basis
for settlement (i.e. incurred expenses, completed work, profit, etc.).
Use of Provision -
Termination for Default-MANDATORY TEXT. Section 80-09 of FAA Advisory Circular 150/5370-
10 establishes standard language for Termination for Default under a construction contract. The
sponsor must not make any changes to this standard language.
Termination for Convenience -No mandatory text provided. The sponsor must include a clause
for termination for convenience. The following language is acceptable to the FAA and meets the
intent of this requirement. If the sponsor uses different language, the sponsor's language must
fully satisfy the requirements of Appendix II to 2 CFR part 200.
Equipment, Professional Services, and Property-No mandatory text provided. The sponsor may
use their established clause language provided that it adequately addresses the intent of
Appendix ll(B) to Part 200, which addresses termination for fault and for convenience.
A25.3 CONTRACT CLAUSE
A25.3.l Termination for Convenience
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the
Contractor. Such action may be without cause and without prejudice to any other right or remedy of
Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the
Contractor shall immediately proceed with the following obligations regardless of any delay in
determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
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4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially
completed work, supplies, equipment and materials acquired prior to termination of the work,
and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this
contract that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the
effective date of termination;
2) documented expenses sustained prior to the effective date of termination in performing work and
furnishing labor, materials, or equipment as required by the contract documents in connection
with uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated
contracts with Subcontractors and Suppliers; and
4) reasonable and substantiated expenses to the Contractor directly attributable to Owner's
termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising
out of or resulting from the Owner's termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided
by law or under this contract.
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.
A25.3.2 Te rm inatio n for Defa u It
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/53 70-10 establishes conditions, rights, and remedies
associated with Owner termination of this contract due to default of the Contractor.
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TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if
the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice-to-
Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with
its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any
Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or
fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and
Surety of its intent to terminate the contract for cause. At the Owner's discretion, the notice may allow
the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default
to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement
action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring
such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract
price. The Owner may withhold from amounts otherwise due the Contractor for such completed
equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because
of Contractor default.
Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay
in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the
Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather
events that substantially exceed normal conditions for the location.
If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be the same
as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies
provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that
are essential to the completion of the work per the terms and conditions of the Agreement. The party
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initiating the termination action must allow the breaching party an opportunity to dispute or cure the
breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the
failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates , summaries, and other documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will not
include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default
of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if
the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If
Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant
may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts
of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to
receive full payment for all services perfonned or furnished in accordance with this Agreement and
all justified reimbursable expenses incurred by the Consultant through the effective date of
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termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
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A26 TRADE RESTRICTION CERTIFICATION
A26.1
49 USC § 50104
49 CFR part 30
A26.2
SOURCE
APPLICABILITY
Unless waived by the Secretary of Transportation, sponsors may not use AIP funds on a product or
service from a foreign country included in the current list of countries that discriminate against U.S.
firms as published by the Office of the United States Trade Representative (USTR).
Contract Types -The trade restriction certification and clause applies to all AIP funded projects.
Use of Provision -MANDATORY TEXT. 49 CFR part 30 prescribes the language for this model clause.
The sponsor must include this certification language in all contracts and subcontracts without
modification.
A26.3 SOLICITATION CLAUSE
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror -
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States
Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is
a citizen or national of a foreign country included on the list of countries that discriminate
against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 69
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with
49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and
information of a contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely
on the certification of a prospective subcontractor that it is not a finn 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.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 70
A27 VETERAN'S PREFERENCE
A27.1
49 USC § 47112(c)
A27.2
SOURCE
APPLICABILITY
Contract Types -This provision applies to all AIP funded projects that involve labor to carry out the
project. This preference, which excludes executive, administrative, and supervisory positions, applies to
covered veterans (as defined under§ 47112(c)) only when they are readily available and qualified to
accomplish the work required by the project.
Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. lfthe sponsor uses different language, the sponsor's language
must fully satisfy the requirements of 49 USC§ 47112.
A27.3 CONTRACT CLAUSE
VETERAN'S PREFERENCE
In the employment of labor ( excluding executive, administrative, and supervisory positions), the
Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title
49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf
veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by
15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are
covered veterans readily available and qualified to perform the work to which the employment relates.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on December 12, 2017 Page 71
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall provide the
following to the Contractor:
• See Fee Estimate
Unforeseen additional expenses shall require a written change order and must be
approved in writing by the Event Center Director before such work commences.
Professional Services Agreement
Page 13
EXHIBIT "B"
COMPENSATION
FEE ESTIMATE
KITTITAS COUNTY -BOWERS FIELD AIRPORT
ENVIRONMENTAL ASSESSMENT
June 7, 2018
CtrflU~~l:ti 1 t!"1
lllh'ln:l l l'lli:I C -i•cw a:a
Vac Sr,Proj Senior Sr Proj Proj CADD
P1Mll d11.M Manager AiwortPlanner Erii:ineer Engineer Technician
pharg e Rates 0210-00 i '95J>'J >1681)() 11;;10..CIQ S11JUJ!l .$1,\1.QCI
1 ... !as.k..Dllc..tlp lon
Task t PROJECT MANAGEMENT I ADMINISTRATION ~· f1t'firtl ~-d\\-\Xl.. 111ti ut-.1t~1 IO'alh. I)_ • J 0 0 • u PtQ,i ecJ _Ad,ui irJs.kallon 1 3(l • 30 ·• •
" Proiecl Meetings 14 Meelings & 6 Conference Calls\ 0 10 0 10 0 0
Task Bud get: ' 44 • 4Q I-•
l &:&t...l PRCl ~AanO~-PLIIU'O.i:n;:·&N EE.D AUb MrekuAn1,1 U
L1 Pii«<lo -""""'~ ' , ' I)_ 0 0
1..2 Purpose end Need ' 2 8 24 0 0 ,., Me 1na t!V1:1 1 ~ • \6 2• ,,
u Tqiou111UJat.&tvff ~Y!C4t Q ~ 0 ·• ,o •
u . preliminer~ Design (25%)
;1:,fi ,1 Pile Base Map Developmenl 0 0 0 0 1.2 ,.
!.u r .. •"'-~tl'l •·'"•...,Piar-.I)_ • 0 1£ 4B .2Q_
2,11..3 fr,_..,...,.._.-f •~-~fY 1-wflbR;,,.,,, • ~ a ,._ 4B .20 ,.,,. Conslruc\ion Cosl Eslimatee 0 1 0 16 16 12
I a.sk..Bw::lget;_ , .1,)_ 2"-•• 148 10<
f ask 3 E NVIRONMENTAL PERMITTING AND COORDINATION
J :1 ~ fillC'V M.e.~~Si/FI V \f,il i;/CaardioeliQ.D Q 'Q n 32 0 0 ,.,_ °"'"' ~~---) • ' 0 • 2 0
Environmental Inventory (Threatened & Endangered, Federally ,., 111,Dd Slaitll&ed Sneci erJ • 1 0 . ·O • ,.._ Welland Delineation end Funelional Assessment • ' a . . -{)
l .• Floodolain Assessment 0 1 0 ' ' 0 , .. ,. ouaM f,.. 0 ' .0 ' .. 0
.u ~fGHG1£ml.s.sio.nslClirnate o . ' .0 I " 0 , .. Affected Environment 0 4 0 8 0 0
freparaUon & Subminel of Required Permil/Consullat1on
l,,9 6 ubmitlals • •. D • ~ •
l .1Q l'AA Slalus Briefing 0 8 0 8 0 0
7'.as.k...Swlgel.: ,o .,, 0 74 to I
t 'a sk4 ENVIRONMENTAL ASSESSMENT .. , Pre.tiar.e Pre.Jiminar~ Oca.fl...EA
~" Ail Qua'llt-r 0 ' 0 • ·o 0
u .. 2 BiolicResources 0 1 0 0 0 0 .. ,., -•O 0 0 • 0 0 .. , ... Coastal Zone Management 0 ,o 0 0 0 •
4.1Ji Comoalible Lend Use 0 1 0 6 0 ' 4,16 CfflS~uc\lOft 0 ~ 0 I •O .
~1-7 Section4(1) • 2 0 8 • .
.ua 1 .. -•• ---•f/ntl.-,.j-• :; 0 , 0 0
l'-1il l i:-na.,nuSlJPD]ie$ NaJuraJRewur~ andSUSlainabl@09iDn ., ' g • • 0
4....1.:.1.0 .E~.l'la1i.tll. 0 I I 0 6 u •
4.1,.11 Fermlends 0 1 0 d 0 0
U \2 FllaodUJIOns ·• J 'o 10 .. •
U .. 13 Greenhouse Gas {GHG) Emissions/Climate • I 0 ·o • 0
4~1,14 Hazardous Materials 0 t • • 0 •
4.1.Hi IHis~LAr,-Nl<>nln~i ~Resou.rc:es ·• ' 0 • 0 0
t..1.16 ii~~t/l"ClffllC!t-0 ' 0 • .Jl -<>
4.1117 .W,,.l';rm -=:M lfd ~ilt~ 0 1 0 6 0 0
4 .. 1.:16
....., .. _ • ' 'ti 6 .Jl 0
'-1.1.B pocial..lmpae!L • I C • 0 • ...... Solid Waste • ! 0 6 0 a
,.1,21 Waler Qualil_y • l .o 0 0 •
Ll.22 we111na. ,o I 0 o 0 b
.(,1.2.1 WHiltL-r.l'S!:im:r.ft,...111. • ·o 0 0 0 0
, ... 1 24 Cumulalivelm_pacls 0 • • 2!l 24 •
1"1.2.5 ,l,\,lftlb~~~llll:.lan l 0 • • 20 ' •
4,2 (\gency end Tribal Coordination and Consultation 0 J 0 20 0 •
~i3 [preDere Drefl EA 1 12 8 ,o 20 8
u ~tlr,1Jli l'.J(i ' • Q 12 Q •
f,I .. IP.ubl icH.e.arira D 12 a 16 • • ~-· ..._ .. c.mm.a 1 8 8 16 16 0
14:7 h eliminar_y Final EA ' 12 ·• 24 ,. I ... ~icalEil 0 ~ ... 32. 16. •
rask Bud_get: • 90 48 292 120 80
1a.s•• bee
"" DBE Goal & Plan 0 l 0 8 24 •
rask Budg et: 0 2 • • 24 0
row , • 181 76 610 ,02 172
~
,_ """""l"''"'""""'llr>'f r...i ""''II,""'' • ,i,d,m
r~ ••-••2S>•t1-• 0~ • 6158.l'o
P1< 00 • Hf'""'CI"" • ., I! .. , O.f ' .,.,.,
_,.., ll)I-~ lt:::HIJl"H . •·l:z-~ ·1~coom
1!,.._91i-i lo.1T t,1111 n 1•a: • Mf·:t.H
y.,-:m;=-..,i!ffllF;. ........... ] l'.(i111rcwtc:t... __J.\ l.00
tital Pffll ec,I Fa • ~if<W
S11.bconsultanJs
Admin
Suo1>0 r1
S7JOO Ho.\11""' TQl.,l..ubo,
• 12 $1..]4A OO
2d 85 $11.4.1700 $7...850..0Q ...
0 20 lJ.1.60 00
28 117 $16 311.00 S7,850_00
• 15 $2.24U IO
• 39 S5.12l.OO
• ., tl!lllloo
0 " S.U74..DO lllUnlll .....
0 28 $261600
0 Jl6 S9..210..JJ0
0 86 S9...2 1000
0 45 llil47 00
12-400 w WIO s,,.,.,n I
Q 42 15791).JJQ
0 , $895 00 S20ro<i26 -0 $ $,(i7~..CO s.~1.60.0Ci n~
0 • S1 11500 S1311.tn t'YI , ..
0 9 SU15DO S.28,.1190 00 1of
0 , "'"""' l4.1~C(li , ..
.n. 2. "'"""' .$4..15QOO , ....
2 1d S1 88600 $5540 0Cl JM.&
2 22 $253d.OO S1200l 00 j
0 16 S2.520 00
' , .. I S17.16Q..Q 0 l!JUB6 .... 2i
0 I $1 95 00 $2..675JX! ..
0 1 $195 00 S2325 00 , ..
0 0 I $0..00
0 0 "11lO
0 11 $1 23900
0 " S1.a74.CO
ll " U .674.J)O
" 8 $111000 $2.675 00 . 116
0 '3 U-"55-00 .. > $915..00
0 5 $67500
0 " '2J94.1l0 .. I 51 9500 S'2..325Jl0. ,t1,1
0 5 S67500
0 1 $91!i..OO
D ~ <a,sm
0 7 S91500
0 1 s<;ns.oo
0 7 $915.00
• 1 S9 15.....00
D I $19500 $23250(1
0 l $195..00 $2.675..00 lw
• ,, ,ooo
• "" S7164 00 • •o '528aOO
• 22 52 790 00 S.3 Ql,,(lt'YI 1~
\6 105 $1271500 $320000 I°"'
a 33 $J-S6W)
• "l Sfi.DB0.00
' 53 57 .. 091 00 SZ..7000(, ,.~
• 77 59.77100
• 80 . $a'736.00 $0S~M ..
48 ... $B3078.00 $2£i 4m M
• ,o $111128 .. 00
• 40 S4,42B.00 .. 1347 S 166.289..0 0 $1113..241U4
EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of
the Work such insurance as will protect Contractor, its Support and the Additional
lnsured's from all claims, losses, harm, costs, liabilities, damages and expenses arising
out of personal injury (including death) or property damage that may result from
performance of the work or this Agreement, whether such performance is by
Contractor or any of its Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
1) Commercial General Liability Insurance .
• Coverage limits not less than:
• $1,000,000 per occurrence per project
• $2,000,000 general aggregate
• $1,000,000 products & completed operations aggregate
• $1,000,000 personal and advertising injury, each offense
• Certificate Holder -Kittitas County
• The Certificate must name the County as additional insured as
defined in the Agreement
• Sixty (60) days written notice to the County of cancellation
of the insurance policy.
2) Stop Gap/Employers Liability.
• Coverage limits not less than:
• $1,000,000 each accident
• $1,000,000 disease -policy limit
• $1,000,000 disease -each employee
• Thirty (30) days written notice to the County of cancellation
of the insurance policy.
3) Commercial Automobile Liability Insurance.
• Automobile Liability for owned, non-owned, hired, and leased
vehicles, with an MCS 90 endorsement and a CA 9946
endorsement attached if 'pollutants' are to be transported.
Professional Services Agreement
Page 14
• Coverage limits not less than:
• $1,000,000 combined single limit
• Thirty (30) days written notice to the County of cancellation
of the insurance policy.
4) Excess or Umbrella Liability .
• The Contractor shall provide Excess or Umbrella Liability coverage
at limits of $5,000,000 per occurrence and annual aggregate. This
Excess or Umbrella Liability coverage shall apply, at a minimum, to
both the Commercial General and Auto Insurance policy coverage.
• This requirement may be satisfied instead through the Contractor's
primary Commercial General and Automobile Liability coverage, or
any combination thereof.
5) Wo rkers; Co m pe nsatio n.
• Workers' Compensation in amounts required by law .
6) Pollution Liabi lity.
• The Contractor shall provide a Pollution Liability policy, providing
coverage for claims involving bodily injury, property damage
(including loss of use of tangible property that has not been
physically injured), cleanup costs, remediation, disposal or other
handling of pollutants, including costs and expenses incurred in the
investigation, defense, or settlement of claims arising out of:
• Contractor's operations related to this project; and/or
• Remediation, abatement, repair, maintenance or other work
with lead-based paint or materials containing asbestos;
and/or
• Transportation of hazardous materials away from any site
related to this project
• Such Pollution Liability policy shall provide the following minimum
coverage:
• $2,000,000 each loss and
• $5,000,000 annual aggregate
Contractor shall furnish the County a Certificate of Insurance with Endorsement as
evidence that policies providing insurance required by this Agreement are in full force
and effect. Contractor hereby waives all rights of recourse, including any right to which
another may be subrogated, against Kittitas County for personal injury, including death,
and property damage. Contractor's insurance policies required above shall be primary
insurance and shall be non-contributing with any other insurance maintained by Kittitas
County.
Professional Services Agreement
Page 15
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors as well as to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of Insurance
with Endorsement, properly completed and in the amount required, is attached hereto.
Professional Services Agreement
Page 16