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HomeMy WebLinkAboutR-2018-073 Airport Layout Plan Agreement with Century West Engineering Corporation 3-53-0089-041A RESOLUTION RESOLUTION NO. R-2018-073 authorizing a Professional Services Agreement with Century West Engineering Corporation in the amount not to exceed $440,735 00 for Professional Services to update the Airport Layout Plan with Narrative Report funded by Airport Improvement Project 3-53-0089-41 and PFC 18-17-C-00-YKM WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations, and WHEREAS, the City maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and WHEREAS, the State of Washington requires that professional services be performed by a Professional Licensed Engineer; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a Professional Services Agreement with Century West Engineering Corporation to provide a updated Airport Layout Plan with Narrative Report while focusing on the development needs at the airport for a 20 -year planning horizon (2018-2038) and realistic program for implementation within known funding constraints; and WHEREAS, the Yakima Air Terminal -McAllister Field has coordinated with the Federal Aviation Administration through the airport's Capital Improvement Plan to utilize approximately $396,661 50 of federal grant funds and approximately $44,073 50 of Passenger Facility Charges as the airport's local match to fund the Professional Services Agreement, and WHEREAS, in accordance with the terms and conditions of the contract for professional services attached hereto and incorporated herein by this reference the engineer will perform these services outlined in the Professional Service Agreement during the 2018-2020 calendar year, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Professional Services Agreement with Century West Engineering Corporation in the amount not to exceed Four Hundred and Forty Thousand Seven Hundred Thirty -Five ($440,735 00) dollars, to provide Professional Services for the Airport Layout Plan with Narrative Report Airport Improvement Project 3-53-0089-41 and PFC 18-17-C-00-YKM ADOPTED BY THE CITY COUNCIL this 17th day of July, 2018 ATTEST Tiff TTURY ENGINEERING AGREEMENT AND AUTHORIZATION FOR ENGINEERING CONSULTING SERVICES By this Agreement, effective July 17th 2018, the City of Yakima — Yakima Air Terminal (Client) authorizes Century West Engineering Corporation (Engineer) to carry out and complete the Scope of Services in consideration of the mutual covenants set forth in this Agreement, the ENGINEERING CONSULTING TERMS AND CONDITIONS, and the following additional attachments: "Required Contact Provisions for Airport Improvement Program and for Obligated Sponsors". Project: FAA Project No.: Scope of Services: Contract Attachments: Yakima Air Terminal — Airport Layout Plan Update & AGIS 3-53-0089-041-2018 This scope of services for the Airport Layout Plan Update and AGIS survey for the Yakima Air Terminal is as detailed in the attached Exhibit A — Scope of Work. Exhibit A: Scope of Work Exhibit B: Fee Summary Exhibit C: Sub -consultant Agreement — Mead & Hunt Exhibit D: Sub -consultant Agreement — Parametrix Exhibit E. Sub -consultant Agreement — HLA Exhibit F: Century West Engineering Consulting Terms & Conditions Exhibit G: FAA Required Contract Provisions for Airport Improvement Program and for Obligated Sponsors Opinion of Probable Cost: $440,735 City By: Title: vg C Date: CITY CONTRACT NO: 4:210--/7/2/ RESOLUTION NO: 073 Time & Materials per attached fee schedule, not to exceed specified amount without prior authorization by Client. Century West gineering Corporation By: Title: Prbr ioam"7 Date: 7/ it/ %3 5 SCOPE OF WORK (Exhibit ) CITY OF YAKIMA YAKIMA AIR TERMINAL / McALLISTER FIELD ALP UPDATE & NARRATIVE REPORT FAA AIP Grant Number: 3-53-0089-41-2018 June 2018 PROJECT DESCRIPTION & FOCUS AREAS The City of Yakima intends to update the 2015 Airport Master Plan and Airport Layout Plan (ALP) for the Yakima Air Terminal — McAllister Field. This project will provide the City of Yakima with a 2018-2038 Airport Master Plan and revised Airport Layout Plan (ALP) drawings. It is important to note that the 2018- 2038 Airport Master Plan is not a complete update of the 2015 Airport Master Plan and that only sections identified in this scope will be updated. Content from the 2015 Master Plan, not identified in this scope to be updated, will be carried forward and consolidated into the 2018-2038 Master Plan Update document. The update will provide the Yakima Air Terminal — McAllister Field with a plan to address the development needs at the airport for a 20 -year planning horizon (2018-2038) and will develop a realistic program for implementation within known funding constraints. City/Airport items of particular emphasis to be analyzed and addressed in the Master Plan includes: • Collect AGIS survey data to inform the ALP update and planning analysis; • Update aviation demand forecast of activity for FAA approval; • Determine runway design codes for Runway 4/22, Taxiway B; and the appropriate applicable design standards; • Determine airfield wide design codes, standards, geometry, operational flow, movement/non-movement, and parking needs; • Address non-standard conditions and confusing geometry; • Update wind data analysis and runway FAA funding eligibility; • Review South Airpark and/or other development alternatives; • Evaluate land acquisition opportunities; and • Identify other facility upgrades or improvements to support capacity and operations. Century West Engineering (Consultant) has been retained by the City of Yakima (City) to accomplish the ALP Update & Narrative Report. The Consultant will work in close liaison with the City of Yakima staff, local business and stakeholder groups, the Federal Aviation Administration (FAA), and the Washington State Department of Transportation — Aviation Division (WSDOT) to ensure that the plan truly reflects the airport's development needs. AWES CENTTURY � F , „r W £ € k ! ry „. 11 Page 6 PROJECT APPROACH & WORK ELEMENTS The following work program describes the effort required to successfully complete the 2018-2038 Airport Master Plan and revised Airport Layout Plan (ALP) drawings. An updated Airport Capital Improvement Program (ACIP) will provide the City of Yakima with a method and proposed schedule for addressing future facility needs through use of FAA Airport Improvement Program (AIP) grants and other available funding sources. The project will address and/or update the basic tasks and work elements as outlined in FAA Advisory Circulars 150/5070-6B, Airport Master Plans and 150/5300-13A Airport Design (Change 1). The most current FAA SOP 2.00 and SOP 3.00 will be prepared and submitted with the draft airport layout plan drawing set. The master plan update includes the following major work elements: • Element 1 - Study Initiation and Management (CWEC) • Element 2 - AGIS Survey (MH) • Element 3 - Airport Data Collection and Facilities Inventories (CWEC, HLA, Parametrix) • Element 4 - Aeronautical Activity Forecasts and Demand Capacity Analyses (MH) • Element 5 - Facility Requirements (CWEC, MH) • Element 6 - Alternatives Analysis (CWEC, MH) • Element 7 - Airport Layout Plans, including Exhibit A Property Map (CWEC) • Element 8 - Compatible Land Use Planning in the Vicinity of Airports (CWEC) • Element 9 - Prioritized Capital Improvement Program and Cost Estimates (CWEC) • Element 10 - Airport Financial Plan (CWEC) • Element 11 - Agency Coordination (CWEC, MH) • Element 12 - Public Participation and Information Process (CWEC, MH) • Element 13 - Reports and Documentation (CWEC, MH) MASTER PLAN AND AIRPORT LAYOUT PLAN TARGETED UPDATES The intent of the Airport Layout Plan Update and Narrative Report project is to update outdated elements of the 2015 Master Plan and Airport Layout Plan, further develop strategic aspects of the plan, while carrying forward aspects of the plan that are still valid. The final deliverable will consist of a single updated complete document, consisting of a combination of updated content, new content, and existing but still valid content. As necessary existing content to be carried forward will be validated for consistency with updated and new content. The existing 2015 Master Plan Chapters and the targeted update approach are as follows: AWES CENTTURY � F , „r W £ € k ! f, „. 21 Page 7 Existing 2015 Chapters Chapte Update Approach/AssumptionsfExclusions Executive Summary • Update entire chapter to refiect updated planning analysis content Existing Conditions • Update majority of chapter; utilize some existing content • Verify existing conditions • Collect and upload AGIS data • Update crosswind data • Environmental data from the 2015 Master PIan will be reviewed and updated to refiect any changing conditions Forecast of Aviation • Update forecast components for FAA review and approval Facility • Update entire facility requirements chapter; utilize some existing content Requirements equiremen o * Verify Runway Iength for any fieet mix changes • Update wind coverage & runway requirements analysis • No further analysis on Terminal requirements, use content as is • No further analysis on auto parking and access, use content as is • No further analysis on utilities and drainage, use content as is • Update analysis for ARFF and SRE building support facility needs • Evaluate and include new sections on development areas & land acquisition needs Evaluation of • Update entire alternatives chapter; utilize some existing content Alternatives • • No further analysis on terminal alternatives, use content as is, No further analysis on fuel, use content as is • Evaluate and include new sections on development areas & land acquisition needs • Environmental review of alternatives will be conducted Airport Layout Plans • UpdateentineAirportLayoutP|anandExhibit"A";utiUzeoomeexioting & Exhibit "A" content • • Maintain Terminal layouts, use content as is, Utilize and carry forward validated layout content from 2015 plans. • No further Noise analysis is included, carry forward current noise contours • AGIS data to inform sheet updates • Add sheet for South side development area & adjacent to Cub Crafters/McAllister Museum Financial • Update financial plan and CIP Implementation to reflect updated plan Implementation content Plan Appendices • Utilize existing appendices and update as appropriate 3|Page 8 A solid waste management and recycling plan and FAA compliance chapter are not included in the scope of the update. No environmental analysis will be undertaken as part of this planning update. Completion of the work elements described in the project will result in: 1. A schedule of airport improvements correlated with an identified specific volume of activity or other defined measures of facility requirements, which would mandate action to accomplish the needed improvements; 2. A realistic and workable CIP that identifies items necessary to maintain/improve airport facilities; 3. Current ALP drawings that graphically depict existing conditions at the airport as well as proposed capital improvements; and 4. Update the 2015 Airport Master Plan narrative. PROJECT APPROACH & WORK ASSIGNMENTS The prime consultant for this work is Century West Engineering. Century West Engineering (CWEC) will lead the planning efforts, provide project management, undertake an inventory update, prepare the ALP updates and narrative report, analyze and prepare development and land acquisition concepts, address facility requirements and alternatives, prepare a capital improvement program and financial plan. Mead & Hunt (MH), as a sub- consultant to CWEC, will provide AGIS technical mapping and survey services for the project, wind analysis, aviation forecasting, and facility requirements/alternatives support services for the analysis of airfield design codes, standards, non-standard conditions and confusing geometry. HLA (HLA) will provide assistance with inventory and site specific analysis support for the alternatives development tasks. ROWA (ROWA) will provide land acquisition advising services for the development opportunities analysis and financial implementation plan. Parametrix will provide environmental services including reviewing and updating the environmental conditions inventory and reviewing the proposed development alternatives. All tasks are specific to CWEC unless noted otherwise. Tasks relevant to sub -consultants MH, HLA, Parametrix, and ROWA are identified for each work task. Related exhibits to this scope of work include the following: Exhibit A: Scope of work Exhibit B: Fee proposal Exhibit C & D: Sub -consultant Mead & Hunt detailed scope of work Exhibit E: AC 150/5300-18B, Table 2-1 markup for Mead & Hunt survey scope Exhibit F: AGIS Step by Step Matrix, Deeper Dive; markup for survey scope Exhibit G: AGIS Scoping Feature by Feature Matrix; markup for survey scope �ACENTURY WEST F , „r W £ € k ! ry „. 41 Page 9 Exhibit H: Sub -consultant HLA detailed scope of work Exhibit I: Sub -consultant ROWA detailed scope of work Exhibit J: Sub -consultant Parametrix detailed scope of work A. ALP, MASTER PLAN NARRATIVE, AND AGIS SURVEY SERVICES ELEMENT 1 - STUDY INITIATION AND MANAGEMENT (CWEC, MH) Task 1.1— Project Formulation, Refine Scope of Work, Budget and Schedule (CWEC, MH) Century West will meet with the City (on-site at the Airport) to assess Master Plan priorities and formulate the emphasis and parameters of the planning project. Century West will develop a detailed scope of work, budget, and schedule, including approach and level of effort, to be made a part of the project contract fee negotiations. A detailed task -by -task itemization of the project budget and schedule will be provided. Century West will also develop sub -consultant teams for applicable work for the review and approval of the City of Yakima. Individual work items for this task include: 1.1.1 On-site project formulation meeting with the City to assess project needs. 1.1.2 Perform assessment of project needs and formulate planning and survey parameters. 1.1.3 Finalize work scope and negotiate contract. This effort includes coordination with the sub - consultants to establish their scope parameters. 1.1.4 Prepare a detailed scope of work for obtaining an independent fee estimate (IFE) from separate Engineering firm. Product: The final scope of work, which will also be used for an independent fee estimate for the project for use in contract negotiations. A breakdown of project costs for each work element will be provided. Task 1.2 - Coordination and Control/Project Administration (CWEC, MH) The City of Yakima will manage, through its consultant, the administrative grant and fiscal aspects of the project. Additional responsibilities include consultant/airport coordination, facilitation of meetings, timely product review and supply of existing plans, report and electronic files relating to the airport layout, land use, property ownership, approaches, pavement and facility conditions, and previous planning studies and current development desires. It is anticipated that the Consultant team leaders and the City's key staff will function as a work group that will facilitate all elements of the project. The Consultant will establish a schedule of bi-weekly project meetings (estimated 26 teleconferences each up to 1 hour in length) for the work group, with an b.AYCENTURY 5 1 Page WEST 10 open invitation to the FAA and WSDOT to participate on an as -needed basis. The purpose of the meetings is to provide regular updates on study progress and to provide an opportunity to discuss and address issues that arise during the project. Individual work items for this task include: 1.2.1 Carry out project administration including, but not limited to monitoring/managing project schedule and progress; coordination of project with the Airport and FAA; monitoring and reporting budget issues to the Airport and FAA; and preparation of monthly consultant (and sub - consultant) invoices for submittal to the Airport. It is assumed the master plan project will extend over an 18 month period. 1.2.2 Provide general technical project management to coordinate the consultant team; facilitate airfield access for survey; coordinate project logistics; and as necessary facilitate technical interface between the sub -consultants, the Airport (City), and the FAA. 1.2.3 Prepare a project schedule. 1.2.4 Perform QA/QC of all project deliverables. 1.2.5 Perform bi-weekly project coordination meetings with the Airport and City Staff. 1.2.6 Prepare AGIS weekly status reports and submit to the Airport, FAA, and upload to the AGIS web site. 1.2.7 Prepare one Airport Improvement (AIP) Grant application, and coordinate with the Airport and FAA for application submission. 1.2.8 Assist the Airport (City) with all grant administration items, including the preparation and submittal of FAA Sponsor Certifications; preparing and submitting FAA Quarterly Performance Reports throughout the project; preparing FAA quarterly performance reports (form 5370-1); annual financial reporting (forms 425, and 270/271); and preparing and coordinating invoicing spreadsheets to support City submission of Delphi reimbursement requests. This effort additionally includes supporting the City with administrative requirements of 2 CFR 200, documentation; assistance for A-133 audits; and administrative requirements of the FAA planning assurance requirements. 1.2.9 Assist City of Yakima staff in setting up and managing an AGIS account; and set up of the AGIS survey project on the AGIS website. 1.2.10 Prepare an AIP Grant Closeout report. Project closeout report shall include and address requirements of Engineering Guidance 2013-12, items 1 and 2. Product: A program of public participation with stakeholders that should be involved during the Airport Master Plan study. An internal meeting schedule. �ACENTURY WEST F , „r W £ € k ! ry „. 61 Page 11 ELEMENT 2 - AIRPORT GEOGRAPHIC INFORMATION SYSTEM (AGIS) SURVEY (MH) 2015 YKM Master Plan Element Assessment: AGIS is required to meet FAA airport master plan data requirements. The 2015 Master Plan did not involve an AGIS data collection effort, in which the 2015 Airport Layout Plan (ALP) mapping and obstruction data were derived from the 2003 YKM ALP. The Airport does not have an existing FAA AGIS project. Airport AGIS survey and mapping data will be collected and uploaded to the FAA AGIS database to provide mapping for the Airport Layout Plan (ALP), and to support future use by the Airport Sponsor and FAA. The AGIS data involves aerial imagery collection and analysis to provide surveyed mapping features, airspace obstruction analysis, and FAA and Airport data attribution. The ALP will be developed in the traditional CAD -based format. The AGIS survey, aerial acquisition mapping, and data attributions will be conducted in accordance with FAA Advisory Circular (AC) 150/5300-16A (AC -16), 150/5300-17C (AC -17), and 150/5300-18B (AC -18). The AGIS survey will be performed per AC -18 Table 2-1 requirements (Attachment # TO BE INSERTED). The AGIS data collection and attribution of 'safety -critical' and 'non - safety critical' feature class objectives will be collected and processed per FAA AC -18 (Attachment # TO BE INSERTED). The Consultant will coordinate directly with the Sponsor to arrange Airport site visits and field access, including actions to minimize Airport operational impacts. Task 2.1- FAA AGIS Website and Work Plans The AGIS Work Plan, containing the Consultant Proposal, AGIS Survey Objective Checklist, AGIS Attribution Checklist, Mapping Boundary is attached (Attachment # TO BE INSERTED). The Airport will set up one (1) survey project on the AGIS website in support of this task (Airport Sponsor does not have existing AGIS planning project). The Consultant will support the Airport by providing technical information and advice during project setup. The Sponsor is to enroll the Consultant in the AGIS projects so that the Consultant can upload AGIS documents and deliverables. Survey and attribution files will be tested for errors prior to submission. The Consultant will prepare and upload the following AGIS deliverables and quality control documents, and advise the Airport when documents are submitted to AGIS, and when FAA and National Geodetic Survey (NGS) reviews and approvals are completed: o FAA AGIS Statement of Work -SOW (FAA Review: submitted prior to project start) o Survey and Quality Control Plan (NGS Review) o Imagery Acquisition Plan (NGS Review) o Geodetic Control Plan (NGS Review) — Not Anticipated o AGIS Compliant Data Submission (FAA Review) o Orthoimagery (FAA and NGS Review) o Quality and Progress Reports (NGS Review) �ACENTURY WEST F , „r W £ € k ! ry „. 71 Page 12 The Consultant will acquire the items listed in AC -18, Table 2.1 "Survey Requirements Matrix" to meet the following AGIS objectives: e Airport Layout Plans (ALP) Task 2.2 - Aerial Imagery Collection The Consultant will collect aerial imagery to provide new base mapping and to identify airspace penetrations within the Obstruction Identification Surface (OIS) and Part 77 imaginary surfaces. The aerial flight will be conducted to optimize ground feature collection during leaf -on conditions. The aerial survey will establish ground control targets, geodetic control, and quality control points as part of the flight layout. It is expected the existing airport primary (PAC) and secondary (SACS) control stations are in usable condition, and new PACS and SACS are not required (if the existing PAC or SACS are not suitable, the Consultant will use temporary survey marks and geodetic control pursuant to AC -16). The Consultant will collect, validate, and perform necessary survey objectives to assemble the aerial imagery as specified per AC -17. Task 2.3 - Mapping and Data Attribution The Consultant will collect and attribute mapping features required by AC -18, in addition to features identified by the Airport Sponsor. The Airport Sponsor will confirm the AGIS mapping boundary area, which contains the aerial, topography, linework, and inner obstruction features to support the Airport Layout Plan drawing. This data will be uploaded to the FAA AGIS website for future use. The Consultant will be responsible for the submission and subsequent acceptance of mapping and survey data to FAA and NGS. Task 2.4 - Obstruction Survey Services The Consultant will utilize a combination of photogrammetric and ground survey measurements to concisely compile the obstruction information. The Consultant will locate, identify, and classify vertical objects penetrating the Obstruction Identification Surface (OIS) according to AC -18, based on the existing and future airspace classification for each runway end as follows: Runway End Approach Types: Runway 9-27: Runway 9 (Existing/Future): RNP 1 Part 77 Runway Type: B and Visibility Type: D Runway 27 (Existing/Future): ILS Precision Runway 4-22: Runway 4 (Existing/Future) Visual 1 Part 77 Runway Type: A Runway 22 (Existing/Future) Visual 1 Part 77 Runway Type: A WEE STITURY 81 Page 13 YKM: AGIS Mapping Boundary (Preliminary — Confirm with Airport Sponsor) AGIS Airport Airspace Analysis Survey per AC -18: Runway 9-27: Vertically guided Runway 4-22: Non -Vertically guided The Consultant will provide a digital compilation of obstruction features to identify ALP airspace obstructions for the existing and future runway ends based on the following imaginary surfaces: C.F.R. Part 77 Approach Surface(s): Runway 9-27 (Existing 7,604' x 150' 1 Planned Future Condition 8,847' x 150') Runway 4-22 (Existing 3,835' x 150' 1 Planned Future Condition 3,835' x 150') FAA 150/5300-13A Approach Surface(s) for Threshold Siting Surface (TSS) criteria FAA 150/5300-13A Glidepath Qualification Surface (GQS) FAA 150/5300-13A Departure Surface(s) for designated instrument departure runway ends Product: The Consultant will prepare and conduct verification for required survey control data, reports, plans (FAA Imagery Plan and FAA Survey Plan), and associated deliverables in the specified formats according to the respective FAA advisory circular. The Consultant will provide the Sponsor with a copy of the data mailed to the FAA and uploaded to the AGIS site on a hard drive, and two (2) 24" x 36" mounted color glossy prints of the updated imagery. The project data not submitted through the FAA website will be delivered to the Airport Sponsor on external hard drives or DVDs. This element will provide a database for future airport planning and design work. CENTURY WEST 91 Page 14 ELEMENT 3 - AIRPORT DATA COLLECTION & FACILITIES INVENTORIES (CWEC, MH, HLA, Parametrix) The data collection and inventory will document existing airfield facilities and conditions that affect the operation and development of the airport. The inventory will utilize the 2015 Airport Master Plan and subsequent work product from the current airport engineering consultant, to support the data collection effort. Recent state, federal, and local documents will be reviewed. The Consultant will conduct interviews with airport tenants and users to help document recent trends. An assessment of existing City -owned structures on the airfield will be performed to estimate remaining useful life. Data from the recent airfield construction projects, the most recent airfield pavement maintenance plan, and other City of Yakima documents will also be reflected in the facility inventory. The primary objective in the inventory is to provide a current "snap shot" of existing conditions to support subsequent analyses in the master plan update. In addition to documenting current conditions, the updated inventory will provide a benchmark of change that has occurred since the last master plan was completed. Examples of key indicators of change include: A. Based Aircraft (changes in fleet mix and size) B. Annual Operations C. Hangar Inventory (square footage or number of spaces) D. Airport Tenants (number of active leases) E. Significant Facility Improvements F. Roadway and utility improvements G. Changes in Land Use and Land Use Planning (annexation, zoning, etc.) H. Aircraft Fueling Activity I. Environmental Inventory This work element will focus on updating the inventory of existing conditions chapter. Some elements of the previous 2015 Master Plan are anticipated to be carried forward into the new plan. The items to be carried forward are anticipated to include: • History of facility • Noise analysis • Terminal building facilities These planning elements will be verified to be compatible with new updates, and noted appropriately within the new plan. The wind data will be the only environmental item that will be updated within this chapter and overall plan. AWES CENTTURY � F , „r W £ € k ! ry „. 101 Page 15 Task 3.1- Evaluate Existing Documents (CWEC, HLA) The Consultant will evaluate all existing documents from previous planning studies and airport records, as provided by airport management, including data pertaining to based aircraft, historic aviation activity, construction programs, and FAA or WSDOT grants. A summary of current hangar occupancy will be prepared based on data provided by airport management and a survey of private hangar owners (contact information to be provided by the City of Yakima from lease/rental agreements). The Consultant will collect, analyze and incorporate information from local, regional and state aeronautical or surface transportation studies, comprehensive planning documents, as related to the development of Yakima Air Terminal - McAllister Field. Historic and forecast socioeconomic data will be collected from secondary sources. The Consultant will also review existing and future land use within the airport environs and existing zoning patterns, including overlay zoning designations. In addition, noise sensitive uses/areas will be identified and any natural characteristics, which could impact development and planning on and off airport property, will be documented. Existing airport traffic patterns and noise abatement procedures will be summarized. Existing data and information, such as, but not necessarily limited to, documents, maps, studies and projects currently underway or in the planning stages (on and off airport property and in the vicinity), which may directly or indirectly influence this study will be identified, reviewed, and documented. Such information would, for example, include a review of any existing regional and state system plans, airport layout plans, pavement maintenance plans, environs plans (examples include floodplain plans, erosion plans, air or noise pollution plans, etc.), surface transportation plans, utility plans, and engineering reports, among others. Product: A summary of existing documents and previous planning efforts for input to future work elements of this study. Summaries of based aircraft by type, Airport Reference Code (ARC) and weight, and of historical aviation activity since the previous master plan/needs assessment. Task 3.2 - Airport Facilities Inventory (CWEC, HLA) The Consultant will utilize inventory data contained in the previous Airport Layout Plan Report in addition to other airport specific, regional, or state aviation system planning studies. Other data sources including the FAA Airport Record Form 5010, pavement management plan, construction drawings and other relevant documents, as provided by airport management. An on-site inspection of major components of the airport will also be performed. The examination will include a determination of the facility's use, type, size, condition, and adequacy, and extent it meets or exceeds FAA standards. The consultant will solicit information (records, easements, other pertinent information) from the County, BNSF, or other applicable agencies as necessary. The anticipated 2018 WSDOT pavement condition assessment (by others) will be incorporated if the data is collected and made available during the master AWES CENTTURY � F , „r W £ € k ! ry „. 111 Page 16 plan project timeline. The findings documented in the Inventory Chapter will be used to support analyses throughout the master plan. The facilities that will be inventoried and the data that will be provided include but are not limited to the following: Airfield/Airspace A. Airfield Pavements - pavement thickness, pavement markings and visual aids, strength and construction history of runway, taxiway and apron pavements. The most recent Pavement Management Plan for the airport will be utilized in addition to review of existing design drawings. B. On -airport Airfield Lighting, visual aids, and signage. Facilities (GA and/or terminal) C. On -airport buildings by type, use and condition (ownership and use data to be provided by the City of Yakima). Terminal, SRE buildings, hangars, aprons, tie -downs, based aircraft, etc. Support Facilities D. Local emergency response facilities and capabilities. E. Airport Maintenance Equipment - airport maintenance including ARFF vehicles, mowers, vehicles, and snow removal equipment, etc., will be documented (data to be provided by the City of Yakima). Access, circulation, parking F. Airport Access Roads and Auto Parking — the location and configuration of existing auto parking, internal airport access roads, and access easements will be documented from the previous 2015 plan. The location and configuration of controlled/uncontrolled vehicle access points (gates, etc.) to the airport will be documented. Common vehicular access routes within the airport's landside areas (hangars, aprons, etc.) will be noted. G. Perimeter Fencing and Gates - the adequacy of airport perimeter fencing and access to the airport operations area will be examined. The location and configuration of controlled/uncontrolled vehicle and pedestrian access gates will be documented. H. Documents related to airport property ownership and airport access will be assembled and summarized in the inventory to provide a clear understanding of issues that may affect current planning or ongoing airport development and operations. The City of Yakima will provide the consultant copies of documents for review and incorporation into the master plan report and specific drawings in the Airport Layout Plan (ALP) set, based on historic property acquisition, access agreements, and other related items. 1. Airport Leases — The City of Yakima will provide current leases, including lease diagrams, ..1yv,ES CENTTURY F , „r W £ € k ! ry „. 121 Page 17 binding site plan, or other drawings that depict the physical locations and configurations of all leased areas on the airport, as needed. J. Current zoning and land use designations for areas within airport property will be summarized and compared to updated designations developed in the previous plan update. Product: Tabulated airport facilities inventory for input to later work elements. Task 3.3 - Inventory Existing Utilities and Site Conditions (CWEC) The Consultant will include an inventory of existing utilities within the airport boundaries as documented in the previous 2015 Master Plan. No additional utility information will be included in the documentation. Existing utility easements and any specified development setbacks located within airport property will be depicted and/or noted. Existing local utility provider drawings (electronic files when available) will be used to provide data for this task. Existing mapping of natural site conditions will be consolidated into a common base map for use in the project. Additional site conditions definition may include topography, wetlands, water bodies, and natural drainage features identified through existing mapping, aerial photography, etc. Product: A written inventory, summarization, and mapping of all utilities within airport property; a consolidated airport site conditions map. Task 3.4 — Airports Inventory/Define Airport Service Area (CWEC) The Consultant will verify the airport service area analysis Yakima Air Terminal - McAllister Field by identifying competing public use airports within typical 30- and 60 -minute surface travel times. The analysis will evaluate the roles, facilities, and services for competing airports. Specific factors including proximity to Yakima Air Terminal - McAllister Field, regional surface transportation constraints/opportunities, and population centers will be addressed. This information will be utilized to assess the influence that surrounding airports have with respect to competing services, facilities and equipment, navigational aids, and accessibility. Product: A detailed facilities inventory recording of the airports located within an approximate 30 -mile radius of Yakima Air Terminal - McAllister Field. An updated airport service area map will be prepared. Task 3.5 - Airspace and NAVAIDS Inventory (CWEC) The Consultant will identify and describe existing airspace utilization factors for the area surrounding Yakima Air Terminal - McAllister Field. This assessment will also provide an inventory of local instrument AWES CENTTURY � F , „r W £ € k ! ry „. 131 Page 18 approach and departure procedures, as well as a verbal and graphic depiction of regional airspace considerations. Product: A complete inventory and assessment (both narrative and graphics) of all procedures and airspace utilization for Yakima Air Terminal - McAllister Field and the surrounding area. Task 3.6 — Airport Activity Summary (CWEC, MH) The Consultant will document historical airport activity and establish a current 12 -month annual baseline level. Activity components include aircraft operational levels, runway utilization, aircraft user mix, and based aircraft counts. Aircraft operational data will be collected from readily available public sources (expected to include FAA Enhanced Traffic Management System Counts, Air Traffic Control Tower records, FAA 5010, and FAA Terminal Area Forecasts). The Air Traffic Control Tower (ATCT) records will support the basis of total airport annual operations. The Consultant will obtain TFMSC data online from the FAA and may, if needed purchase one calendar year of FlightAware (www.flightaware.com) records to identify airport operational profiles. The Consultant is not tasked to survey airport tenants or users; however, user feedback can be included at the discretion of the Airport Director. Product: Develop a baseline of activity for subsequent forecast analysis and work elements. Task 3.7- Financial Inventory (CWEC) The City of Yakima will provide airport operating revenue and expense information from the past three (3) years for Yakima Air Terminal - McAllister Field. A current airport rates and fees schedule, airport minimum standards document and standard airport lease terms will also be provided, if available. The City will also provide historical aviation fuel records for the last 5 years (if available). Interviews with City staff will be conducted as part of the data collection. The objective of this task is to gather documents which affect the financial management of airport maintenance, operations and capital development and to develop an understanding of the structure, constraints, requirements and opportunities for financing airport activities as related to the development of a Capital Improvement Program and the Airport Financial Plan. Product: Compilation and summarization of financial information to be used in subsequent tasks relating to alternative evaluations as well as final plan recommendations. Task 3.8 - Socioeconomic Data (CWEC, MH) The Consultant will utilize available data (secondary sources) related to local and regional population, AWES CENTTURY � F , „r W £ € k ! ry „. 141 Page 19 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. U.S. Census data, and population projections contained in currently adopted County and City comprehensive plans will be used to support aviation forecasting activities (see Element 5), unless determined to be outdated. Historical data and long-term forecasts maintained by the FAA (active pilots, general aviation fleet, fuel consumption, hours flown, etc.) will provide broad industry indicators to use in developing the master plan forecasts. Product: Socioeconomic information for subsequent analysis and work elements. Task 3.9 - Land Use Controls (CWEC) The Consultant will obtain land use documents, maps and regulations from County and City to include existing comprehensive planning, zoning ordinances, subdivision regulations, easements, rights-of-way, and other documents pertaining to land use management in the vicinity of the airport and on airport property. Yakima County, City of Yakima, and City of Union Gap regulations will be evaluated as applicable. The consultant as necessary will update any data from the 2015 Master Plan and carry forward validated content. The Consultant will verify and summarize the existing protections provided to Yakima Air Terminal - McAllister Field through existing Comprehensive Planning and zoning ordinances. The Consultant will review, where applicable, the consistency between current zoning and comprehensive plan land use designations to identify any areas in the vicinity of the airport that could experience future changes in zoning, consistent with comprehensive planning. The Airport Land Use Plan drawing (see Element 7) will be updated and prepared to illustrate revisions to the existing and ultimate airport features, airfield configuration, existing avigation easements, airport influence area delineated by the airport traffic pattern including all RPZs. Potential impacts to land uses in the airport environs will be noted. Following the summary of the existing planning standards, the Consultant will summarize and review supporting comprehensive plan policies and land use regulations (County and City). The narrative will include descriptions of airport zoning, appropriate uses not currently defined in the existing code, or for zones that require modification or clarification of allowed uses. The Consultant will coordinate with local planning staff to identify needs and confirm the adequacy of the ultimate recommendations and zoning language. Product: File of land use information will be obtained from the County and City and maintained for use in later work elements. Assessment of existing land use protections for consistency with applicable zoning ordinances, with recommendations for any additional measures. WE CENSTTURY 15 1 P a g e 20 Task 3.10 — Summary of Environmental Status (Parametrix) The Consultant will review the inventory of environmental resources on and adjacent to the airport within the 2015 Master Plan document and update as necessary with information obtained during the environmental conditions inventory. This information will be reviewed for current validity and incorporated into the inventory chapter and subsequent facility requirements, alternatives, and land use analyses. The noise analysis contained in the 2015 Master Plan, Airport Layout Plan Chapter, will be utilized (without update) in the 2018 update. 3.10.1— Environmental Conditions Inventory (Parametrix) Utilizing existing maps of the airport environs and existing environmental documents, the Consultant will prepare an environmental inventory/overview of the Airport's environmental setting. No formal coordination with federal and state agencies will be conducted as part of this work element. Informal coordination will occur during the process of obtaining existing documents, etc. from various agencies. This task does not include analysis or other scientific evaluation of resources. This summary is intended to reference any known or potential environmental resources that could be affected by proposed airport development. Gather and review studies and secondary source data concerning area environmental factors related to airport development. Information to be gathered will include information on all NEPA impact categories including: A. Air Quality B. Coastal Barriers/Coastal Zone C. Compatible land uses; D. Construction Impacts; E. Section 4(f); F. Waste water and solid waste treatment and/or disposal; G. Water Quality (drainage patterns, storm water issues, storm water detention ponds); H. Farmlands; I. Fish, Wildlife and Plants (including, but limited to threatened and endangered species); J. Floodplains; K. Hazardous materials; L. Historical, architectural, archaeological, and cultural; M. Light emissions and visual effects; N. Natural resources and energy supply; 0. Noise; P. Socioeconomic Environmental Justice, and Children's health and safety risks; Q. Wild and scenic rivers; and ..1yv,ES CENTTURY F , „r W £ € k ! ry „. 161 Page 21 R. Wetlands. The Consultant will gather this information and provide summary and applicable excerpts to be included in the Master Plan Report. Product: Technical memorandums compiling existing environmental resources to be used in subsequent tasks relating to alternative evaluations as well as final plan recommendations. Task 3.11— Wind Data, Runway Coverage Analysis (MH) Meteorological and wind observation data will be obtained from published FAA and NOAA sources in order to assess climatic information and to assess crosswind conditions and for developing an all- weather, visual, and instrument wind rose using 10.5, 13, 16 and 20 -knot crosswind components. Wind observation data is to be collected for the past 10 -year period, as available. Crosswind coverage will be calculated, using FAA guidance and computation programs, for the primary and crosswind runways. Product: VFR, IFR, and all-weather wind rose diagrams and tables Task 3.12 — Prepare Inventory Working Paper (CWEC) The Consultant will develop a detailed working paper summarizing the tasks outlined above. The draft working paper will provide information for subsequent decisions. This working paper will be submitted (electronically) to WSDOT and FAA for review. Product: A narrative and graphical summary of the inventory; the working paper will be revised as necessary based on review comments and will subsequently become a chapter of the Airport Master Plan report. AWES CENTTURY � F , „r W £ € k ! ry „. 171 Page 22 ELEMENT 4 - AERONAUTICAL ACTIVITY FORECASTS AND DEMAND CAPACITY ANALYSES (CWEC, MH) 2015 YKM Master Plan Element Assessment: The 2015 Master Plan 20 -year forecasts deviate 15 to 50 percent from the FAA Terminal Area Forecasts (January 2018), which is beyond the standard FAA forecast approval range. The forecast update will incorporate up-to-date activity trends and demand considerations, and will attempt to use the 2015 Master Plan forecast methodologies as the preferred forecast scenario. The Master Plan Update forecasts will be compared with the 2015 Master Plan forecasts and FAA TAF. The Master Plan Update forecasts will require formal FAA approval. This element develops aviation activity forecasts. The forecast of aeronautical demand supports the analysis for airport facility recommendations, alternatives, and development strategies. Forecasts will be prepared for a 20 -year planning horizon in 5-, 10-, 15-, and 20 -year increments. The following forecast components will be projected: �AWES CENTTURY F , „r W £ € k ! ry „. 181 Page Forecast Components Commercial Operators Aircraft Operations Based Aircraft Scheduled Commercial Air Carrier Commuter/Regional Air Taxi/Charter Non -Scheduled Commercial Peak -Hour Passengers Air Cargo/Freight (Pounds) Air Carrier Commuter/Regional Air Taxi/Charter General Aviation (Local & Itinerant) Military (Local & Itinerant) Instrument Operations Nighttime Operations Aircraft Fleet Mix (FAA Category): Local and Itinerant Instrument Approaches Evening/Night Operations Touch and Go Operations Special Operator Activity: Flight Training US Forest Service Agricultural Operators Runway Utilization Operational Peaking Activity Critical/Demand Aircraft Based: Single-engine Piston Multi -engine Piston Turboprop (Single/Multi) Jet Helicopter Other Aircraft by FAA Category Note: Airport current activity levels as reported per Air Traffic Control Tower. Note: Airport historical activity levels to reflect FAA Terminal Area Forecasts (TAF). Note: 'Special Operator Activity' levels to be reported and documented directly from airport or operator. Note: Military activity/forecasts obtained from Sponsor or the U.S. Department of Defense. Note: Passenger enplanement projections exclude passengers using private and for -hire general aviation charter/fractional services, as these users are exempt from USDOT reporting requirements, and are not expected to be processed through the passenger terminal. �AWES CENTTURY F , „r W £ € k ! ry „. 181 Page 23 The forecasts will be substantiated by the following sources of data: The forecasts will be developed consistent with FAA master plan forecasting guidance and published data, reflecting the current baseline of Airport activity levels, user trends, and industry -wide activity patterns. National, state, and regional FAA published aviation trends and forecast projections will be reviewed to correlate possible associations with the Airport's activity patterns. The FAA TAF will serve as the forecast baseline, indexed with the Airport's actual 2017/2018 baseline activity levels, as applicable. Three forecast scenarios will be developed (high, medium, low) for consideration, accounting for Airport influences and constrained factors, and documented with supporting rationale. A preferred forecast will be selected by the Sponsor, as compared with the FAA TAF levels and annual growth rate percentages, including a recommendation of reasonableness. Task 4.1- Service Area Characteristics and Forecast Trends The Consultant will review relevant socio-economic and aviation trend information pertaining to the Airport's service/catchment area using data sourced from the Sponsor, FAA, aviation industry publications, and third - party databases. The Consultant will rely on the inventory findings to identify the Airport's aviation trends; including factors which could reasonably influence the Airport's upward and downward forecast scenario projections. Forecast methods and techniques will be developed for each aviation activity component based on the service area and trend information. Task 4-2 - Airline Forecast - Enplanement and Operations Outlook The Consultant will develop airline forecasts for scheduled passenger enplanement demand and airline operations. Forecast methods will use air service and market demand factors, as supported by socio-economic data and comparative airline industry trends. The Airport's air service scenario events will be summarized; the airline forecasts will be developed consistent with a reasonable expectation for the introduction and expansion of airline service. Recent YKM airline studies will reviewed for pertinent data to support the air service forecast factors. The preferred airline forecast will include the type of airline operator, aircraft type, seating capacity and load factor, potential origin/destination market(s), and distribution of market travelers. �ACENTURY WEST F , „r W £ € k ! ry „. 191 Page Forecast Data Sources National / State Regional / Local Industry FAA TAF FAA Aerospace Forecast US DOT (BTS) US Census Bureau State Aviation System Plan 2015 YKM Airport Master Plan Air Traffic Control Tower (ATCT) Airport Airline Studies (if available) Community studies Socio-economic data Industry trade organizations (NBAA, AOPA, GAMA) Aircraft manufacturer data Military (DoD) publications TFMSC Data FlightAware (as needed) Note: TFMSC data will be obtained and if needed one year of YKM FlightAware aircraft data to be purchased. Note: Additional sources will be consulted as needed, available, and appropriate. The forecasts will be developed consistent with FAA master plan forecasting guidance and published data, reflecting the current baseline of Airport activity levels, user trends, and industry -wide activity patterns. National, state, and regional FAA published aviation trends and forecast projections will be reviewed to correlate possible associations with the Airport's activity patterns. The FAA TAF will serve as the forecast baseline, indexed with the Airport's actual 2017/2018 baseline activity levels, as applicable. Three forecast scenarios will be developed (high, medium, low) for consideration, accounting for Airport influences and constrained factors, and documented with supporting rationale. A preferred forecast will be selected by the Sponsor, as compared with the FAA TAF levels and annual growth rate percentages, including a recommendation of reasonableness. Task 4.1- Service Area Characteristics and Forecast Trends The Consultant will review relevant socio-economic and aviation trend information pertaining to the Airport's service/catchment area using data sourced from the Sponsor, FAA, aviation industry publications, and third - party databases. The Consultant will rely on the inventory findings to identify the Airport's aviation trends; including factors which could reasonably influence the Airport's upward and downward forecast scenario projections. Forecast methods and techniques will be developed for each aviation activity component based on the service area and trend information. Task 4-2 - Airline Forecast - Enplanement and Operations Outlook The Consultant will develop airline forecasts for scheduled passenger enplanement demand and airline operations. Forecast methods will use air service and market demand factors, as supported by socio-economic data and comparative airline industry trends. The Airport's air service scenario events will be summarized; the airline forecasts will be developed consistent with a reasonable expectation for the introduction and expansion of airline service. Recent YKM airline studies will reviewed for pertinent data to support the air service forecast factors. The preferred airline forecast will include the type of airline operator, aircraft type, seating capacity and load factor, potential origin/destination market(s), and distribution of market travelers. �ACENTURY WEST F , „r W £ € k ! ry „. 191 Page 24 Task 4-3 - Air Cargo Forecasts The Consultant will develop forecasts for air cargo to evaluate on -airport cargo facility and service needs. The air cargo forecasts will be developed using Airport air cargo activity records, local market factors, and industry trends. The forecasts will include an assessment of aircraft type, annual aircraft operations, types of cargo or freight, origin/destination market(s), route capacity, and distribution of inbound and outbound cargo volumes. Task 4-4 - Aircraft Operations Forecasts Airport operations will be forecast for civilian activity, using the historical baseline of operations provided by the Sponsor. Forecasts will be developed separately for each activity component (airline, cargo, commercial, general aviation, and military). The forecast scenarios will consider Airport service area factors, as substantiated by aviation industry trends and local Airport user input regarding aircraft utilization. Total operations will be forecast on year -by -year basis, and broken-down by operational category, user type, function, and aircraft classification. Task 4-5- Based Aircraft Forecasts The forecast of based aircraft will be projected using the Airport's reported FAA 5010 and FAA TAF baseline levels, as previously reconciled between the FAA and Airport Sponsor. Based aircraft will be forecast consistent with the FAA 5010 categories (single engine piston, multi -engine piston, jet, helicopter, and other) and tabulated according to FAA aircraft design classification (aircraft approach category and airplane design group) as defined in FAA Advisory Circular 150/5300-13A, Change #1, "Airport Design". The based aircraft forecasts will consider Airport service area influences, FAA Aerospace Forecast projections, industry trends relative to aircraft types, and aircraft manufacturer market outlooks. Task 4-6 - Critical Aircraft The existing and future critical aircraft forecast will be determined from the preferred operational forecast. The critical aircraft will be identified in accordance with the FAA Advisory Circular 150/5000-17, "Critical Aircraft and Regular Use Determination" and classified by airport planning design standards per FAA Advisory Circular 150/5300-13A, Change #1, "Airport Design". The critical aircraft forecast condition and rationale will be documented in terms of the FAA design standards for subsequent Airport Master Plan and Airport Layout Plan purposes. Task 4-7 - Runway Utilization and Airfield Capacity Analysis Runway utilization and airfield capacity analysis will be identified for the airfield configuration based on existing and forecast operational activity levels. The runway traffic utilization, per runway end, will be identified by FAA aircraft category. The Annual Service Volume (ASV) of the airfield/runway system will �ACENTURY WEST F , „r W £ € k ! ry „. 201 Page 25 be calculated using FAA analog methods per FAA AC 150/5060-5, "Airport Capacity and Delay", to quantify Airport capacity and delay, and identify airfield capacity constraints. The capacity analysis will be used to identify the need for future capacity enhancements. Task 4-8 - FAA Terminal Area Forecast Comparison The Consultant will provide a forecast comparison between the Plan forecasts and FAA TAF, as summarized in FAA table format. The Consultant shall request written FAA forecast approval prior to finalizing the narrative chapter and proceeding with subsequent Plan tasks. In the event the forecasts deviate beyond FAA TAF thresholds (10 to 15 percent), a conference call or meeting will be requested with the FAA Seattle ADO to discuss acceptability considerations, review expectations, review process and timeline. The Sponsor will communicate directly with the FAA regarding matters of forecast approval, as supported and assisted by the Consultant. Product: The result is a preferred 20 -year aviation activity forecast used to support existing and future Airport facilities and alternatives. ELEMENT 5 - FACILITY REQUIREMENTS (CWEC, MH) The facility requirements analysis will address the airport's ability to accommodate airside and landside facility needs based on the updated aviation activity forecasts and the selection of the current and future design aircraft (Element 4). The updated facility requirements analysis will quantify demand and provide a comparison with the 2015 Airport Layout Plan Report projections. Existing and future airside and landside facilities will be analyzed to determine the type and magnitude of aviation improvements ultimately planned and programmed for the airport. The facilities requirements analysis focuses on the physical facilities and associated improvements needed to safely and efficiently accommodate projected aviation demand on those aviation facilities for the twenty-year planning period (2018-2038). This work element will focus on updating the entire facility requirements chapter. Some elements of the previous 2015 Master Plan are anticipated to be carried forward into the new plan. The items to be carried forward are anticipated to include: • Terminal requirements • Auto parking and access • Utilities and drainage • Fuel service • Perimeter Fencing These planning elements will be verified to be compatible with new updates, and noted appropriately within the new plan. AWES CENTTURY � F , „r W £ € k ! ry „. 211 Page 26 In addition to the full update of facility requirements, several new elements or focus areas, not previously covered in the 2015 plan, will be more thoroughly analyzed and added in to the overall update of content. These items include: • Analyze ARFF and SRE building support facility needs • Determine runway design codes for Runway 4/22, Taxiway B; and the appropriate applicable design standards • Determine airfield wide design codes, standards, geometry, operational flow, movement/non- movement, and parking needs • Address non-standard conditions and confusing geometry • Update wind data analysis and runway FAA funding eligibility • Evaluate airfield development areas & land acquisition needs • Identify other facility upgrades or improvements to support capacity and operations Task 5.1- Determine Aircraft Operational Requirements (CWEC, MH) Based on preferred aviation activity forecasts, the Consultant will assess the facility needs for types of aircraft expected to operate at Yakima Air Terminal - McAllister Field, with particular attention being given to the critical aircraft (or family of aircraft) as prescribed by Advisory Circular 150/5300-13A. The Consultant will analyze the operational requirements of these aircraft to assist in the determination of facility standards, including the airport design category. In the event that the existing and future ARC are different, the facility requirements analysis will address the needs of both design categories. Product: Evaluate/verify requirements of critical aircraft and ARC for input to later tasks. Task 5.2 — Airport Service Area Facility Analysis (CWEC) The existing 2015 Airport Layout Plan Report, state, and regional aviation planning documents will be reviewed to identify any existing or anticipated facility constraints and planned facility expansion for the public use airports located within the airport service area. The purpose of this task is to identify conditions within the airport service area that have the potential of impacting activity at Yakima Air Terminal - McAllister Field for both general aviation and commercial aviation. Product: Evaluate the airport service area and conditions that may affect the airport for input to later tasks. AWES CENTTURY � F , „r W £ € k ! ry „. 221 Page 27 Task 5.3 - Design Standards Compliance & FAR Part 77 Airspace Standards Review/Evaluation (CWEC, MH) An evaluation of FAA airport design standards and FAR Part 77 airspace standards will be accomplished based on the criteria established by the current/future ARC and the approach type/category for each runway end. Any non -conforming existing items will be documented, with potential dispositions noted. Items requiring further analysis will be addressed in other facility requirements tasks and incorporated into the airport development alternatives evaluation. 2015 YKM Master Plan Element Assessment: The 2015 Master Plan involves non-standard FAA design and geometric layouts. The purpose of this effort is to provide a planning solution to resolve existing non- standard design as documented by the 2015 YKM ALP, as recorded by FAA airport certification inspection reports, and to advert potential non-standard design matters under master plan consideration. The Consultant will identify and evaluate non-standard planning dispositions specifically pertaining to FAA airport design standards. The intent is to assess non-standard conditions as part of the airport master plan facility evaluation process, and to obtain FAA acceptance or determination prior to FAA review of the Airport Layout Plan (ALP). It is not the intent to identify compliance issues beyond airport planning design standards, or for enforcement or punitive actions. Airport design dispositions will be evaluated per the airport master plan critical aircraft design classification (Airport Reference Code -ARC and Runway Design Code -RDC), as assessed per FAA Advisory Circular 150/5300-13A, Change #1, "Airport Design", and CFR Part 77, "Objects Affecting Navigable Airspace, Section 25, Civil Airport Imaginary Surfaces". The Consultant will defer to the FAA for final evaluation and determination of FAA Terminal Instrument Procedures (TERPS) surfaces affecting non-standard conditions, including existing, amended, or planned instrument procedure development. Existing focus areas, deviations, and/or non-standard conditions: • ALP MOS: Taxiway standards associated with the 0400 aircraft • FAA Hot Spot 1: Runway 22 End, Taxiway 'B' and Taxiway 'C" Intersection Geometry • Runway 4-22 Width • Runway 4-22 Taxiway -Runway Separation • Taxiway 'B' Width • Taxiway 'B' Design north of Taxiway 'A' (Apron Section) • Taxiway 'C' Configuration and Flow • Taxiway 'A' and Hangar Connector Radius (FAA Fillet standards) • Irregular Operations: Transport Jet Diversions and Parking Areas • Irregular Operations: Military Transport Parking Areas AWES CENTTURY � F , „r W £ € k ! ry „. 231 Page 28 The following airport planning design dispositions are included in the evaluation: • FAA Modification to Standards (MOS) • FAA Deviation to Design Standards • FAA Design Waivers • FAA Airfield Inspection Report • FAA Airspace and Obstruction Non -Compliance The Airport shall provide the Consultant with relevant FAA documentation pertaining to Airport certification and compliance matters. The Consultant will advise the Airport regarding solutions to design compliance matters, including documentation for coordination with FAA. Non-standard conditions which necessitate a FAA Modification to Standards (MOS) will be documented on the ALP according to procedural requirements in FAA Order 5300.1G, "Modifications to Agency Airport Design, Construction, and Equipment Standards". FAA non -conforming standards which would necessitate a deviation or modification will be described in the narrative report and documented on the Airport Layout Plan, Data Sheet. The Airport Sponsor will be responsible for communicating directly with local authorities and the Seattle ADO in addressing non -conformity determinations. Scope Assumptions: o YKM noise analysis or modeling not included; o YKM change in FAA Airport classification not anticipated; o Excludes instrument procedure and TERPS analysis; o Excludes assisting Airport Sponsor with creating, amending, updating or adopting Airport compliances, regulations, ordinances, land use, or other community planning and land use initiatives; and o RPZ changes are not anticipated and as such, FAA Incompatible Land Uses — RPZ Memo analysis is not included within this scope of work. Product: Identification of any non -conforming facility configuration, and necessary future configurations to support operational and facility needs/demand. A table listing all deviations from current FAA design standards pertaining to the recommended ARC will be provided in the report as well as on the ALP drawing, including proposed disposition of the deviations. Disposition would entail recommended development and/or recommended FAA approval of modifications to standards. Task 5.4 - Define Airside Facilities Requirements (CWEC, MH) Based on preferred updated forecasts of demand, established facility planning and capacity standards, AWES CENTTURY � F , „r W £ € k ! ry „. 241 Page 29 and the standards compliance items analyzed in Task 5.3, the Consultant will convert the aeronautical demand forecast into gross airside facility needs including runway, taxiways, lighting, and approximate land area requirements. As noted, the facility requirements associated with the existing and future ARC will be documented. If the aircraft forecast and critical aircraft are different from the 2015 Plan, specific evaluations of runway length requirements will be conducted based on the appropriate critical aircraft or family of aircraft. In the event that there is a change in the future ARC for the airport, the conformance of existing airside facilities with future standards will be evaluated. The Consultant will work with the City to determine the most appropriate facilities and the location of the facilities. Projected facility requirements will be prioritized based on the updated master plan forecasts, and other strategic planning as envisioned by the City. Improvements will be correlated with a specific volume of activity or change in the level of service that will require the recommended improvement. Airside facility needs and requirements will include the following: A. Runway length, width, orientation, threshold configurations, confusing geometry, grade, safety areas, runway protection zones, stopways, wind coverage and other applicable runway parameters consistent with current/future Runway Design Code (RDC); B. Property Acquisition — any property acquisition anticipated (based on preliminary assessment of facility needs, such as an increase in runway length) will be identified for subsequent alternatives evaluations, if required; C. Taxiway — dimensions, runway separation, airfield access requirements, runway exit taxiways (number, locations, and configuration), confusing geometry, hot spot mitigation, protected areas, and aircraft holding areas, compass rose, and taxiway classification (design group) options consistent with the appropriate Taxiway Design Group (TDG); D. Airfield Pavement needs — pavement condition as documented in current airport pavement management plan and through on-site observation, evaluate published pavement strength in relation to current and future critical aircraft; E. Evaluation of FAR Part 77 imaginary surface clearance/penetrations (primary, transitional, approach, horizontal, conical), using AGIS data; F. Helicopter landing area requirements; %WCENTURY WEST F , „r W £ € k ! ry „. 251 Page 30 G. Airfield Lighting (runway, taxiway, rotating beacon); and H. Instrument Approach minimums and Weather Observation requirements. The methodology contained in FAA Advisory Circular 150/5325-4B, Runway Length Requirements for Airport Design will be used to determine runway length and dimensional criteria, with the results being incorporated into the master plan. Product: Documentation and evaluation of airside facility requirements for input to later tasks. Task 5.5 - Define Landside Facilities Requirements (CWEC, MH) Based on preferred updated forecasts of demand, established facility planning and capacity standards, and the standards compliance items analyzed in Task 5.3, the Consultant will identify specific landside facility requirements. Both existing and future landside facilities will be analyzed to determine the type and gross quantities of aviation improvements to be planned and programmed for the Airport. This analysis will provide the basis for the evaluation of airport development alternatives in Element 6. The facilities requirements analysis focuses on the actual physical facilities and associated improvements needed to safely and efficiently accommodate the projected aviation demand on these aviation facilities for 20 years. Projected facility requirements will be prioritized based on the preferred updated master plan forecasts. Gross facility needs will be correlated with a specific volume of activity or change in the level of service that will require the recommended improvement. Landside facility evaluations will include existing items documented in the inventory chapter and any additional items that are identified through the master planning evaluation: A. Aircraft parking needs — commercial aircraft parking, commercial diversion aircraft parking, military aircraft parking, light aircraft tiedowns, business class aircraft parking, helicopter parking areas for itinerant and locally based aircraft; B. Aircraft hangar needs — T -hangars, conventional hangars, executive hangars; C. Corporate and aviation -related industrial hangars; D. FBO facilities (hangar, terminal, corporate aviation services, fuel storage, fuel truck parking, etc.); E. Storm drainage requirements; F. Bulk fuel storage facilities (location, capacity, security); G. Aircraft deice facilities; H. Internal airport access roads and emergency access routes; AWES CENTTURY � F , „r W £ € k ! ry „. 261 Page 31 1. Perimeter fencing and access controls (fencing type and configuration; location of access points, emergency access, etc.); J. Airport security overview (facilities and procedures); K. Airport maintenance and snow removal equipment (SRE) and materials storage; L. ARFF building facility and vehicle storage facilities; M. Utility needs to service existing/new landside facilities, fire protection; N. Non -Aeronautical and Aeronautical development needs, land inventory and forecasted land needs; and O. Aeronautical land use requirements. Terminal building requirements, terminal area vehicle parking, storm drainage requirements, automobile parking for tenants and visitors, local/regional roadway network connection points and access will not be assessed within the facility needs assessment. These facility needs requirements are current per Airport Management assessments, and will be carried forward from the 2015 Master Plan document. Product: Documentation and evaluation of landside facility requirements for input to later tasks. Task 5.6 - Develop Facility Requirements Working Paper (CWEC, MH) The Consultant will develop a detailed working paper describing the tasks outlined above. The draft working paper will provide information for subsequent decisions. This working paper will be submitted to the City, WSDOT, and the FAA for review and comment. Product: A narrative and graphical summary of the facility requirements analysis; the working paper will be revised as necessary based on review comments and will become a chapter of the Airport Master Plan report. The Plan will guide the Airport in meeting FAA compliance and grant assurances, and align local operating conditions with Airport policy, rules, regulations, and ordinances. The Plan will guide Airport management in meeting grant assurances and planning future improvements that meet FAA design standards and policies on safety and efficiency. Results of will be included on the ALP Airport and Runway Data Tables. ELEMENT 6 - ALTERNATIVES ANALYSIS (CWEC, MH) This element of the study will consist of four components: A. Goals Definition; B. Identification of Alternatives; C. Evaluation of Alternatives; and D. Recommendations. WEESTITURY 271 Page 32 Based on established goals and desires of the City and Airport, and an evaluation of potential alternatives for airport development, a specific plan and program for airport development will be prepared. The airport development recommendations will provide for safely maximizing utilization of airport property; providing the greatest operational capacity for the preferred forecasted demand; and providing for the necessary landside development to support the forecasted operational needs. This work element will focus on updating the entire development alternatives chapter. Some elements of the previous 2015 Master Plan are anticipated to be carried forward into the new plan. The items to be carried forward are anticipated to include: • Terminal alternatives • Fuel facility alternatives These planning elements will be verified to be compatible with new updates, and noted appropriately within the new plan. In addition to the full update of development alternatives, several new elements or focus areas, not previously covered in the 2015 plan, will be more thoroughly analyzed and added in to the overall update of content. These items include: • Analyze ARFF and SRE building alternatives • Runway 4/22, Taxiway B, hot spot, confusing geometry configuration alternatives • Movement / Non -movement area alternatives • Commercial diversion aircraft and military aircraft parking/storage • Airfield development areas & land acquisition alternatives The purpose of this element is to evaluate the effects of the alternatives and, thus provide the technical basis necessary for selecting a "preferred" development plan for the airport. The alternatives will be subjected to a detailed evaluation that will permit a comparison of the merits and deficiencies of all options under consideration. An evaluation matrix will be prepared to compare the composite rankings of each alternative. Factors to be considered in the evaluation include: Ability to Serve Forecast Demand: Each alternative will be evaluated to determine its ability to meet the preferred forecast demand levels within accepted performance standards such as aircraft delay and airport user convenience. These evaluations will be performed for each type of facility and will be aggregated to permit comparison. The results of this evaluation process will be quantified to the extent possible for use in the evaluation matrix. Airport Design Standards: Each alternative will be evaluated toward FAA airport design standards. Potential approach lowered approach minimums, obstructions and required mitigation, if any, will be identified. Potential impacts on existing airport or tenant facilities will be addressed. AWES CENTTURY � F , „r W £ € k ! ry „. 281 Page 33 Airspace Compatibility: Using the airspace requirements developed earlier and the preferred forecasts of aviation activity, a determination will be made of the future airspace use pattern for the airport. The results of this evaluation will be quantified and arranged in the matrix format by alternative as they relate to state requirements for the provision of general aviation airport protection. Land Use and Environmental Compatibility: The proposed development in each alternative will be evaluated against the environmental inventory in Element 3.10 to determine if there are any potential environmental impacts. The analysis will be conducted in accordance with FAA Order 1050.1E, including Change 1, Policies and Procedures for Considering Environmental Impacts, and FAA Order 5050.4B, FAA Environmental Handbook and pertinent Washington State guidance. A new noise analysis is not included in this scope and the existing noise analysis conducted in the 2015 master plan will be used in evaluating land use compatibility surrounding the airport. Development Costs: Preliminary (planning level) estimates of any proposed development and operational costs for each alternative will be prepared. These capital and operational cost estimates will provide an indication of the cost of developing the airport and also will provide a basis for comparing cost-effectiveness among the various airport alternatives. The cost of maintaining the airport and developing or relocating any required off-site roadways under various alternative scenarios will also be estimated. Task 6.1- Goals Development (CWEC) Based on inventory findings, demand considerations, preferred forecasts of aviation activity and input from the City, the Consultant will assemble a series of goals that describe the intent, direction and functional role of the airport. These goals will, after thorough review and approval by the City of Yakima, will serve as the basis for the preparation of the development plan for the airport and will help to ensure a commonalty in terms of communication, direction and cohesiveness of future airport improvements. Product: Formulation of goals to serve as a guide for the preparation of the development plan and program. Task 6.2 - Prepare Preliminary Development Alternatives (CWEC, MH, Parametrix) The Consultant will be responsible for identifying and evaluating feasible alternatives for the development of airport facilities, utilizing the findings and determinations from previous tasks. Anticipated areas of emphasis include: CENTURY %W WEST F , „r W £ € k ! ry „. 291 Page 34 • Runway 4/22, Taxiway B, hot spot, confusing geometry configuration alternatives • ARFF and SRE building alternatives • Landside Development Areas and Land Acquisition (Southside Area Emphasis) • Movement / Non -movement area alternatives • Commercial diversion aircraft, military aircraft, general aviation parking/storage • Deice Pad Siting • Compass Rose Siting A maximum of three (3) airside development options and three (3) landside development options, in addition to a no -action option will be evaluated. The airport development alternatives will be prepared using an aerial photo base and AGIS data combined with the electronic file for the Airport Layout Plan that depicts existing conditions. With exception of the no -action option, each of the preliminary alternatives will be capable of accommodating the gross facility requirements quantified in the Element 6. Options for acquiring property may be integrated into the alternatives, if required. The no action option (no -development alternative) offers a baseline to which other alternatives may be compared. The no -action option typically maintains existing capabilities but does not involve new development required to respond to demand. The limitations of a no -development alternative will be described. A modified no -action alternative would be to maintain current design capabilities and forego upgrading the airfield to another design category (if necessary). The preliminary alternatives will be presented graphically and in narrative (working paper) form, including large-scale drawings (and online) for presentation to the City, WSDOT, FAA, and the general public for review and consideration. The development alternatives phase of the master plan will involve a multi -step public review process that will begin with preliminary alternative concepts capable of accommodating the facility requirements identified in Element 5. The preliminary alternatives concepts will be presented for review and comment as noted above. The input provided will be used to refine the concepts that will be presented during a second round of review and comment. Based on technical evaluations, input and coordination with local officials, the process will lead to the selection of a preferred alternative by the City that will be presented for additional review and comment. All alternatives considered in this process must be consistent with applicable FAA technical standards and regulations. Product: Preliminary airside and landside development alternatives for the future development of the airport. Task 6.3 — Engineering/Constructability Feasibility Review of Alternatives (CWEC & HLA) CENTURY %W WEST F , „r W £ € k ! ry „. 301 Page 35 The Consultant will review and identify engineering and constructability feasibility of the various airport development alternatives, with the goal of developing concepts that can realistically be constructed, given the site conditions and engineering constraints. Product: Documentation of the engineering viability for the various preliminary airport development alternatives to assist the City with the selection of a preferred development alternative. Task 6.4 — Environmental Review of Alternatives (Parametrix) The Consultant will review all updated alternatives within the context of the NEPA impact category information gathered in Task 2.1 and identify potential key environmental impacts of the various airport development alternatives, with the goal of avoiding or minimizing impacts on sensitive resources. Task 6.5 - Prepare Development Alternatives Working Paper (CWEC) The Consultant will develop a detailed working paper describing the tasks outlined above. This working paper will be submitted to the City, FAA, and WSDOT for review and comment.. Product: A narrative and graphical summary of the alternatives analysis; the working paper will be revised/amended as necessary based on review comments and will become a chapter of the Airport Master Plan report. Task 6.6 - Select Preferred Development Alternative (CWEC) Based on review and comment of the preliminary development alternatives, the City of Yakima will select a preferred development alternative for the Consultant to proceed with preparation of an airport capital improvement program and airport layout plan drawing set. The preferred alternative may include elements from one or more of the preliminary development alternatives, or may include refinement that were created during the evaluation of the preliminary alternatives. Comments provided by the FAA, City, WSDOT, airport users and tenants, and the general public will be documented and summarized in memo form by the consultant. A preferred alternative will be recommended with a description of the basis for the preference of the alternative over the others. The recommendations will be presented to the City for final review and approval of the preferred alternative. As noted earlier, the preferred alternative must be consistent with applicable FAA technical standards and regulations. Product: The City's selected preferred development alternative to be reflected in graphic depiction and narrative description. A preferred alternative figure and an addendum to the alternatives working paper. ELEMENT 7 - AIRPORT LAYOUT AND TERMINAL AREAS PLANS (CWEC) AWES CENTTURY � F , „r W £ € k ! ry „. 311 Page 36 The previous Airport Layout Plan drawing set will be replaced (redrawn), to reflect current conditions, updated master plan development recommendations, and applicable FAA requirements. The major projects proposed in the Capital Improvement Program (CIP) will be shown on the ALP in schematic form. All drawings will be exported from the AGIS data collected and refined in AutoCAD Version 2014 and formatted with color imaging and use of color aerial photography derived from AGIS data, and developed according to FAA SOP 2.00 and 3.00. The City will provide electronic (CAD) documents (as available) for use in preparing updates to the Airport Layout Plans. This chapter is anticipated to be fully updated with the exception of the noise/land use narrative and contours, which is considered still valid and will be carried forward into the new plan. Terminal layout plans, and/or other plans from the 2015 ALP set that are unchanged will be utilized as appropriate for content, reformatted for consistency, and incorporated within the new plan set. ALP Drawing Set Submittals 1. Preliminary Draft ALP Drawing Set (1 copy each to the City, WSDOT, and FAA Seattle ADO for informal coordination). 2. Draft ALP Drawing Set (3 printed copies to City; 1 printed copy to FAA with ALP Checklist, 6 printed copies and 1 electronic copy to FAA Seattle ADO). 3. Final ALP Drawing Set (4 copies to City for signature; to be forwarded to FAA Seattle ADO for approval and signature; 1 electronic copy to FAA; 2 signed printed set and 1 electronic copy returned to the City of Yakima). See Element 13 for document distribution summary. The Consultant will be responsible for submitting a signed copy of the FAA ALP checklist with six (6) copies of the draft ALP submittal to the FAA. Following completion of FAA and local review, the Consultant will make necessary revisions; comments provided by City of Yakima staff, and others will be addressed during the same revision period. Following revision, the Consultant will submit four (4) final drawing sets for City signature and final submittal to FAA for signature. The FAA typically returns two signed ALP set to the Sponsor and keeps two sets on file at the ADO. AWES CENTTURY � F , „r W £ € k ! ry „. 321 Page 37 Task 7.1- Airport Layout Plan (CWEC) An Airport Layout Plan (ALP) drawing shall be prepared in accordance with the findings, recommendations and approvals resulting from the study. The ALP shall be developed utilizing the data collected and exported into AutoCAD, Version 2014. Additionally, the ALP will be compatible with the file format currently used by the City. The Airport Layout Plan will contain the information as required in FAA Advisory Circular 150/5300-13A, and the most current FAA SOP 2.00 and SOP 3.00. The Airport Layout Plan will contain sufficient data to obtain approvals from the FAA. The Airport Layout Plan will be depicted as a black and white line drawing with color, as needed, to help differentiate the line work and hatching. Product: Preparation of an Airport Layout Plan in AutoCAD format, compatible with the file format currently used by the City of Yakima. Task 7.2 — On -Airport Individual Area Plans (CWEC) Individual Area Plans will be prepared to depict the existing and proposed facilities for various areas within airport property. The plans will generally be comprised of, but not limited to existing general aviation facilities located on the north and south sides of the runway and any other new development areas (locations to be determined through master plan evaluation). It is anticipated additional plan sheets may be added to provide greater detail of development on the south side of the airfield and adjacent to Cub Crafters / McAllister Museum. Facilities that will be shown on the drawings include: A. Apron Configuration and Aircraft Parking Positions (based and itinerant aircraft, including helicopter parking positions); B. Aircraft Taxiways and Taxilanes; C. Hangar or other building facilities D. FBO and Aircraft Fueling Facilities; E. Access Roadways and public vehicle parking; and F. Security Fencing and Gates. The information on this drawing shall be depicted at a scale consistent with FAA SOP 2.0. Product: Individual Area Plans projecting development consistent with the ALP drawing, but in greater detail. AWES CENTTURY � F , „r W £ € k ! ry „. 33IPage 38 Task 7.3 - Airport Airspace Drawing (FAR Part 77) (CWEC) The FAR Part 77 drawing depicts the plan view of the ultimate FAR Part 77 imaginary surfaces for the airport. The existing and future full-length approach plan and profile views to each runway end. Any obstructions will be listed, the amount of penetration determined (using AGIS data) and their proposed disposition will be identified. Fifty -foot contour intervals will be shown for FAR Part 77 imaginary surfaces for full length of approach surfaces. NGS Obstruction Chart and AGIS obstruction data will be incorporated into the drawing, as appropriate. USGS quadrangle maps or AGIS data will be utilized for the base layer on the Part 77 plan view. In conjunction with the airport airspace drawings, an electronic (pdf and CAD) aerial image (3'x3') will be generated of the Airport and surrounding area with Part 77 surface overlays and building restrictions lines to scale. CAD files will allow for turning certain layers (sections of Part 77) on and off. Product: A FAR Part 77 airspace plan drawings for the airport. Task 7.4 - Runway Protection Zone (RPZ)/Inner Approach Plan and Profile Drawings (CWEC) Drawings will be prepared that show the plan view of the Runway Protection Zones (RPZ) and plan and profile views of the inner portion of the runway approach surface for each runway end. In addition, obstacle clearance surfaces (OCS) or TERPS instrument runway approach/departure surfaces will be depicted, as applicable. Any obstructions within the RPZ or the other noted surfaces will be identified and a recommended disposition will be provided. Aerial photography and AGIS data may be used to develop these drawings. These drawing may be combined with other drawings. Product: Runway Protection Zone/Approach Plan and Profile drawings that shows the RPZs for each runway end at the airport. Task 7.5 - Approach Plan and Profile for Each Runway End (CWEC) Drawings will be prepared that show the existing and future full approach plan and profile for the approaches to each runway. In addition, obstacle clearance surfaces (OCS) or TERPS instrument runway departure surfaces will be depicted, as applicable. Any obstructions within the approaches will be identified and a recommended disposition will be provided. This drawing may be combined with other drawings. USGS maps and AGIS data will be utilized. Product: An Approach Plan and Profile drawing that shows the Part 77 approaches for each runway end. The ultimate Part 77 approach plan and profile will be prepared for the most critical airfield configuration (existing or ultimate). TERPS instrument runway approach/departure surfaces will also be depicted if applicable. AWES CENTTURY � F , „r W £ € k ! ry „. 34IPage 39 Task 7.6 —Threshold Siting Surface (CWEC) A Threshold Siting Surface will be prepared based on the findings and recommendations reflected in the preferred alternative. A plan showing the existing and ultimate threshold siting surface will be developed for each runway end. Plan and profile views of each area will be developed identifying physical obstructions. Obstruction heights and locations will be noted based on AGIS data. Any obstruction requiring removal or relocation to meet FAA standards will be noted and an action plan identified. This drawing may be combined with other drawings, if appropriate. Product: A Threshold Siting Surface depicting the surfaces for each runway end. Task 7.7 — On -Airport Land Use Plan (CWEC) The Land Use Plan drawing will depict existing and recommended uses of land within the ultimate airport property and 20 -year noise contours (documented in 2015 Master Plan). Current zoning designations for the Airport will also be depicted. The Land Use Plan will be illustrated on a drawing (same sheet size and scale as the ALP) and described within the body of the Master Plan document. Findings resulting from this study effort will be incorporated into environs land use recommendations that will be provided to affected governmental jurisdictions in the vicinity of the Airport. The Consultant will work with the City during the development of the On -Airport Land Use Plan to ensure accurate depiction of local land use. The airport layout plan and on -airport land use plan drawings are intended to provide a clear path for effective and efficient facility development based on anticipated demand, while providing airport management adequate flexibility to refine facility configurations as needed to respond to changing market conditions. Product: An On -Airport Land Use Plan with noise contours for land within the ultimate airport property. Task 7.8 — Off -Airport Land Use Plan (CWEC) The Off -Airport Land Use Plan drawing will depict existing and recommended uses of all land in the vicinity of the airport, generally identified as that area surrounding the airport, generally within %z -mile of the facility. Land uses will be depicted by comprehensive plan land use categories, including such as agriculture, residential, industrial, commercial, open space, aviation -related, public, etc. Current zoning designations will also be depicted. Off -airport land use will be illustrated on a drawing (same sheet size as the ALP) and described within AWES CENTTURY � F , „r W £ € k ! ry „. 35IPage 40 the body of the Master Plan document. Any findings found in this study effort will be incorporated into the environs land use recommendations, which will be provided to any affected governmental jurisdictions near the Airport. The Consultant will work with the County and City planning departments during the development of the Off -Airport Land Use Plan drawing to ensure that recommendations needed to implement any changes in land use designations or zoning have been shared with local planning agencies. It is noted that master plan addresses a 20 -year planning horizon that does not typically require immediate implementation for action items. Product: An Off -Airport Land Use Plan for lands in the vicinity of the airport. Task 7.9 — Exhibit "A" Map (CWEC) An Exhibit "A" drawing will be updated and prepared depicting property ownership, avigation and surface easements. The predominance of information will be carried forward from the previous 2015 Exhibit 'A', and missing data will be updated with additional City or County records available. The existing 2015 Exhibit 'A' reflects outdated data that needs to be updated to actual conditions. The current airport boundary along with detailed parcel information (grantor, grantee, type of interest, acreage, book & page, date of recording, and appropriate FAA project application numbers if applicable) is to be provided to the Consultant by the City or secondary sources. The existing Exhibit "A" will be reviewed and replaced with an updated drawing prepared in accordance with FAA SOP 3.0. Product: Exhibit "A" Map Task 7.10 — Noise Impacts & Contour Map (CWEC) Existing noise impacts, land -use compatibility, and noise contour data is considered current and accurate for the Airport. No analysis or update is included within this scope of work. The effort in this task will include incorporating the existing documentation and contour maps into the update Airport Layout Plan chapter. Product: Noise impacts narrative and contour map. ELEMENT 8 - COMPATIBLE LAND USE PLANNING IN THE VICINITY OF AIRPORTS The Consultant will evaluate both on -airport and off -airport land uses in the vicinity of the airport to address the potential development of a broad range of land uses that are compatible with airport operations and support the region's economic development strategy. The goal of this effort is to identify what types, acreages, and locations of economic development land are appropriate and legally allowed to be identified for future development compatible with the aeronautical operations at the airport. AWES CENTTURY � F , „r W £ € k ! ry „. 361 Page 41 The Consultant will review zoning of developable land in the vicinity of the airport to assess the potential for zoning modifications to protect the future aeronautical uses at the airport, encourage land uses compatible with airport operations, and encourage future economic development near the airport. A review of existing airport overlay zoning within the City of Yakima, the City of Union Gap, and Yakima County will be undertaken. The updated airport land use plan drawing will reflect existing land use and zoning on, and in the vicinity of the airport, per the requirements of FAA. The land use plan drawing will also depict the physical boundaries of any locally -adopted airport overlay zones. The Consultant will obtain existing zoning and land use mapping from the County and City for use in updating the drawing(s). Product: The outcomes of the Airport Vicinity Land Use evaluation will be compiled into a draft chapter that includes an executive summary with recommendations for potential land use and zoning changes. It will also include a summary of items to be included in the Airport Master Plan report, as necessary. ELEMENT 9 - PRIORITIZED CAPITAL IMPROVEMENT PROGRAM, COST ESTIMATES, AND IMPLEMENTATION PLAN (CWEC) The master plan's 20 -year CIP will summarize development and major maintenance projects anticipated during the current planning period. The Consultant will work closely with the City of Yakima to identify key development priorities to be reflected in the updated CIP. The cost of each project will be listed with the amount of FAA and WSDOT funding defined based on current funding eligibility. The CIP will provide an annual breakdown of projects for the short-term period (years 1-5); then overall groupings of projects provided for the intermediate (years 6-10) and long-term (years 11-20) periods. This chapter will be fully updated to reflect the current capital improvement program derived from the updated planning elements. Task 9.1- Capital Improvement Program (CWEC) The Consultant will prepare a 20 -year airport Capital Improvement Program (CIP), which will include recommended phases of development, environmental reviews, estimates of cost for each improvement, possible funding sources, including an evaluation of the airports predicted available FAA grant funding based on current funding legislation. The CIP will also estimate local expenses associated with project implementation that are not typically eligible for FAA funding. The short-term period of the CIP (years 1-5) will be organized with prioritized and realistic annual project listings; projects included in the intermediate- and long-term periods will be prioritized within the overall timeframe. A phasing diagram will identify each development and major pavement AWES CENTTURY � F , „r W £ € k ! ry „. 371 Page 42 maintenance project programmed in the 20 -year planning period. The short-term (1-5 years) CIP will be integrated into the State CIP (SCIP). Product: A 20 -year CIP (in spreadsheet form and project phasing diagram, with associated text.) Task 9.2 - Capital Improvement Program Working Paper (CWEC) The Consultant will develop a detailed working paper describing the tasks outlined above. This working paper will be submitted to the City, FAA, and WSDOT for review and comment (See Element 13 for document distribution details). Product: A narrative and tabular summary of the financial analysis. The working paper will be revised/amended as necessary based on review comments and will become a chapter of the 2018-2038 Airport Master Plan report. ELEMENT 10 - AIRPORT FINANCIAL PLAN (CWEC) In concert with the 20 -year CIP, an airport financial plan will be prepared that analyzes airport revenues and maintenance & operation expenditures for use in updating short- and long-term operating strategies. The Consultant will also review the current airport rates and fees schedule for comparison with other similar airports located in the defined airport service area. Evaluating the market potential for airport land and the remaining useful life for airport -owned structures and any other structures of interest, pavement and other facilities are generally key elements in defining strategies. The financial impact of deferred maintenance will be examined in detail with the goal of creating a realistic schedule for addressing these needs in terms of financial feasibility. Task 10.1— Financial/Implementation Plan (CWEC) Projections of the airport operating revenue and expenses will be prepared to coincide with the 20 -year CIP. The financial plan will be developed from data acquired during the inventory (Task 3.8) and through interviews with City staff. Specific assumptions regarding potential changes in expenses or revenues will be coordinated between the City of Yakima and Consultant and will reflect the general timeframe for major revenue -generating projects or increased maintenance or operational costs. The projection is to identify the levels of airport -generated funding that may be available to support the capital improvement program during the current planning period. The financial planning will support the implementation planning for the master plan CIP, developed in Element 9. The implementation plan will identify key steps moving forward, agency coordination, etc. AWES CENTTURY � F , „r W £ € k ! ry „. 381 Page 43 Product: A 20 -year airport revenue and expense projection. Task 10.2 - Financial Plan Working Paper (CWEC) The Consultant will develop a detailed working paper describing the tasks outlined above. This working paper will be submitted to the City, FAA, and WSDOT for review and comment (See Element 13 for document distribution details). Product: A narrative and tabular summary of the financial analysis. The working paper will be revised/amended as necessary based on review comments and will become a chapter of the Airport Master Plan report. ELEMENT 11- AGENCY COORDINATION (CWEC) Effective coordination with local and regional jurisdictions and state and federal agencies is a critical element in the success of any long-term planning process. Agency coordination will be initiated at the earliest stages of the project and maintained throughout to provide effective lines of communication. Task 11.1— Prepare List of Agency Stakeholders (CWEC) The Consultant will work closely with City staff at the outset of the project to create a comprehensive list of agency stakeholders with their respective areas of interest/responsibility identified. A list of non - agency stakeholders will also be created. Product: Agency stakeholder list to be utilized for project coordination and document distribution. Task 11.2 — Agency Coordination FAA (CWEC) The Consultant will meet with FAA staff at their ADO Offices at the Forecasts, Alternatives, and ALP review stages of the project to ensure full coordination and timely review and comment on draft work products. ELEMENT 12 - PUBLIC PARTICIPATION AND INFORMATION PROCESS (CWEC, MH) Task 12.1— Identify Project Stakeholders (CWEC) Century West will assist the City of Yakima in identifying project stakeholders for the purpose of creating a project contact list. The contact list will be used to provide periodic updates on the study process, provide information about the availability of draft work products, and to announce upcoming project meetings or other related events. Project stakeholders may include individuals, businesses, organizations, or government entities that have an interest in the planning, development or operation of AWES CENTTURY � F , „r W £ € k ! ry „. 39IPage 44 Yakima Air Terminal - McAllister Field. 12.1.1 - Public Informational and City Council Meetings Input provided from sources, including neighbors, the general public, airport tenants, City staff, WSDOT, and FAA will be considered in the formulation of the preliminary preferred alternative. Coordination with the City will occur simultaneously during the alternatives evaluation stage of the project to ensure that issues are fully considered. Additional refinement and public comment will also be encouraged after the preliminary preferred alternative is selected. The preliminary alternatives and draft chapters will be published on the project website available for the public to review with contact information available for public comment or questions. This input is designed to refine the proposed development that will be reflected in the preferred alternative. Public notice of upcoming meetings shall be made prescribed by the City of Yakima's public meeting notice requirements, and are subject to newspaper printing deadlines. Newspaper advertisements are the responsibility of the City. The public informational meeting will be organized as a public workshop to provide a forum for neighbors and stakeholder groups to discuss the project and provide input. One (1) public information meeting and one (1) tenant coordination meeting will be scheduled during the project. One (1) City Council study session meeting and one (1) City Council meeting will be attended to present the final Master Plan / ALP documents for approval with the City Council. For the public meeting, we propose to hold a workshop that provides an informal setting to provide information to the public, collect input and answer questions. The meeting would be staffed by several members of the Consulting team and the City's staff, with other stakeholders invited to attend/participate and for the public to provide written comments. A project mailing list will be created and maintained throughout the project for use in actively encouraging public participation. Invitations to the public meeting will be mailed or sent via email from the mailing list, in addition to public advertisement. Public Participation Meetings Summary: A. One (1) Public information meeting to be held during the course of the project; B. One (1) Tenant coordination meeting to inform and solicit input from tenants will be scheduled; C. One (1) City Council study session meeting; and D. One (1) City Council meeting will be attended to present the final Master Plan / ALP documents for approval with the City Council. AWES CENTTURY � F , „r W £ € k ! ry „. 401 Page 45 Assumptions: The Consultant will be responsible for coordinating with the City for scheduling of the meetings, providing facilities for such meetings (utilizing City or Airport meeting space), and providing required notification (by email or mail) to the meetings. The Consultant will provide the content for the announcements and notifications. The City will advertise the date and time of the meeting to allow public attendance as desired. Meetings will follow the City's policy for public meeting announcements. It is anticipated that meetings will be advertised locally and notice will be provided via the project mailing list and on the project website. Task 12.2 — Public Information Program (CWEC) In addition to the opportunities for public participation available through public meetings and committees, the Consultant will prepare and implement a public information program to disseminate project information and collect input from the public that may not be able to participate in established meetings. 12.2.1 - Project Stakeholder List The Consultant will prepare and update regularly a project stakeholders list that includes all participants in the project including the City's staff, Consultant, FAA, WSDOT, airport users, neighbors and neighborhood association representatives, and members of the general public that choose to participate in the process. A mailing list will be developed so that surveys, project updates, newsletters, meeting summaries and meeting invitations can be mailed or emailed to stakeholders during the project. The Consultant will prepare content for any mailings and the City will be responsible for making copies and mailing out materials including postage costs. 12.2.2 - Public Meeting Notices/Press Releases The Consultant will prepare content for up to one (1) public meeting notice and press release of scheduled meetings to assist in the advertisement of meeting purpose and other pertinent details by the City's staff. The Consultant will coordinate with the City's staff to develop a schedule for advertisements once the overall project schedule is developed to ensure that adequate advance notice is provided to the public for project meetings. The City will assume costs of advertising and press release announcements in the local media and will coordinate with the City's staff to post notices and press releases to the City of Yakima's website. 12.2.3 - Website Content for the City of Yakima or Century West Hosted Project Website The Consultant will provide project deliverables including draft chapters, meeting agendas, meeting notices, press releases, surveys, and meeting notes to the City in PDF format to be uploaded on the City's web page or a project -specific website hosted by Century West if desired. The City of Yakima will EITURY 411 Page WEST 46 determine what content is suitable for public consumption. The project web page will provide an opportunity for the public to review project deliverables and progress throughout the project. It can also be used to solicit public comment through posted surveys for those unable to attend the public meeting. 12.2.4 - Public Meeting Notes and Comment List The Consultant will prepare notes for meetings for the City to review. Once the meeting notes have been reviewed, edited, and approved, the Consultant will provide a PDF copy to post to the project web page. The consultant will also prepare a summary of comments received and the City's responses that can be posted on the website. ELEMENT 13 - REPORTS AND DOCUMENTATION (CWEC, MH) Task 13.1— "Preliminary" Draft ALP Set (CWEC) In order to address any concerns from the City, WSDOT, or the FAA prior to the public meeting for the ALP presentation, a draft ALP set will be prepared for the City, WSDOT, and FAA preliminary review and comment. Formal reviews will be conducted following the preliminary coordination. Product: Preparation of an Airport Layout Plan Set will be provided to the City. Deliverables are defined in Work Element 13. Task 13.2 - Draft Airport Master Plan Report and Draft ALP Drawing Set (CWEC, MH) To insure proper coordination of the planning effort and assure agreement between the Consultant, City, WSDOT, and FAA, a Draft Airport Master Plan Report and Draft ALP drawing set will be submitted for formal review. Electronic (PDF) copies of the draft deliverables will be provided to PAC members. The draft report will contain preliminary working papers (revised based on comments provided on original drafts), ALP drawings and the financial evaluation. Comments provided in the previous task will be reflected in the updated ALP drawing set submitted for formal review. The draft documents and plans will submittal to the FAA for review and coordination with the appropriate FAA divisions (Air Traffic, etc.). Product: "Draft" Airport Layout Plan Set and "Draft" Airport Master Plan Report will be provided to the City, WSDOT, FAA, and PAC members. Deliverables are defined in Work Element 13. Task 13.3 - Final Report and ALP Drawing Set (CWEC, MH) The Final Airport Master Plan Report and ALP drawings set will be prepared and distributed based on AWES CENTTURY � F , „r W £ € k ! ry „. 421 Page 47 comments received from the FAA final coordination/review process and any subsequent comments received from City, WSDOT, PAC, or general public. This will be the final publication of the report and plans set. Product: "Final" Airport Layout Plan Set and "Final" Airport Master Plan Report will be provided to the City. Deliverables are defined in Work Element 13. Task 13.4 - Appendices (CWEC, MH) Appendices in the 2015 Master Plan document in part will be included as is, or updated as appropriate for inclusion in the new Master Plan document. 2015 Appendices and the intended update action for each within this update includes the following: • Appendix A — Glossary of Terms: Include as is, while adding any new terminology relevant to updated content. • Appendix B —Terminal Facility Assessment: Include as is. No update of content included. • Appendix C — Pavement Management Plan: Include as is for historical reference, while also including pavement condition data to be collected by WSDOT in 2018, as available. • Appendix D — Approach/Departure Plates: Replace with current approach/departure plates. • Appendix E — City and County Ordinances: Review and update content with current ordinances. • Appendix F — Airport Layout Plan Checklist: Include new checklist for current ALP update. • Appendix G — SEPA Checklist: New SEPA checklist will be prepared for City action as lead agency. New checklist and determination will be included as an appendix. • Appendix H — WSDOT Land Use: Include as is. No update of content included. Any additional content, support data, public comment, or other pertinent items developed through this plan update will included as new appendices Product: "Final" appendices will be included within final report document. Task 13.5 — Summary of Products to FAA (CWEC, MH) Product: Quantity Draft Working Papers (8 Chapters) for review with Track Changes 1- Electronic Copy (Word) Draft Working Paper (8 Chapters) 1— Hard Copy; 2 - Electronic Copies (Word/PDF) Draft Final Report (Revised Chapters) with Track Changes 1— Hard Copy; 2- Electronic Copies (Word/PDF) WES STITURY 43IPage Preliminary Draft ALP Print Sets Draft Final Master Plan Report Final Draft ALP Prints & FAA Checklist Final ALP Prints Final ALP Drawing Set Final Master Plan Report 48 1— Hard Copy; Electronic Copy (PDF) 1 Electronic Copy (PDF) 6 - (FAA internal airspace & other coordination) full size (bond) plots and .pdf of sheets 4 - (City/FAA approval set) 2 — Electronic Files (CADD Files and PDF) 1 -Hard Copy; 1 Electronic Copy (PDF) Task 13.6 — Summary of Products to the City of Yakima (CWEC, MH) Product: Quantity Draft Working Papers (8 Chapters) Electronic Copies (PDF) to PAC with Track Changes 2 - Electronic Copy (Word/PDF) Draft Final Report (8 Revised Chapters) 4 (each) - Hard Copy; Project Notebook (includes PAC) with Track Changes 2 - Electronic Copy (Word/PDF) Preliminary Draft ALP Print Sets 1— Hard Copy; 1 - Electronic Copy (PDF) Draft Final Master Plan Report 3 — Hard Copy for Sponsor Review Draft Final Master Plan Report 1 - Electronic Copies (PDF on USB Drive) Final Draft ALP Prints (bond) & FAA Checklist 1 - (FAA internal airspace & other coordination) Final ALP Prints (bond) 4 - (City/FAA approval set) Final ALP Drawing Set 2 — Electronic Files (CADD Files and PDF) Final Master Plan Report 5 - Hard Copy; 10 Electronic Copies (PDF on USB Drive) AWES CENTTURY � F , „r W £ € k ! ry „. 441 Page Task 13.7 — Summary of Products to WSDOT (CWEC, MH) Draft Working Papers (8 Chapters) for review with Track Changes Draft Working Paper (8 Chapters) Draft Final Report (Revised Chapters) with Track Changes Preliminary Draft ALP Print Sets Draft Final Master Plan Report Final Draft ALP Prints & FAA Checklist Final ALP Prints Final ALP Drawing Set Final Master Plan Report B. DELIVERABLES 1 - Electronic Copy (Word) 1— Hard Copy; 1 - Electronic Copies (Word/PDF) 1— Hard Copy; 2 - Electronic Copies (Word/PDF) 1— Hard Copy; 1 - Electronic Copy (PDF) 1 - Electronic Copy (PDF) 1— Hard Copy 1— Hard Copy 2 — Electronic Files (CADD Files and PDF) 1 -Hard Copy; 1 - Electronic Copy (PDF) 49 Required deliverable products are outlined in the individual elements. Additionally deliverables are outlined above in individual tasks 13.4, 13.5, 13.6. All deliverables will be submitted in the formats specified, and per the appropriate advisory circulars. C. ASSUMPTIONS/EXCLUSIONS 1. The Consultant will coordinate with the City and schedule all meetings with WSDOT, and FAA for this planning effort. 2. The City of Yakima's staff, WSDOT, and FAA will provide the Consultant with a maximum of two rounds of comments for each project item. The Consultant shall receive review comments from all groups within three (3) weeks of the submittal or presentation. The consultant shall then address and resolve their comments prior to proceeding with the next scope of work element. 3. As necessary, additional ground or aerial survey elements and feature classes, not specifically identified within this scope or referenced in the attached exhibits, if elected to be collected at a later time would be undertaken as a future separate contract task order. WEESTITURY 451 Page F v „r W££ k! ry „. 50 4. Layers, feature classes, attributes, and all requirements of the AGIS survey shall be in compliance with Advisory Circulars AC 150/5300-16A, AC 150/5300-17C, and AC 150/5300-18B (including change 1). Additional or separate GIS data deliverables specifically tailored for differing City or other GIS requirements, are not included within this scope of work. D. SCHEDULE A detailed schedule will be established for the project as a work element of this scope of work. Elements 1, 2, 11, 12, and 13 are occurring throughout the ongoing master planning process. The general schedule anticipates the following timeline: AGIS Element 2 Schedule + June - July 2018: AGIS SOW preparation, review, and approval + June — July 2018: Survey control, imagery, and quality control plans preparation + July -Sept. 2018: Field survey, imagery control, and imagery acquisition + Sept. -Oct. 2018: Survey file development + Nov. 2018: Final survey report ALP/Master Plan Narrative Elements Schedule + June — Sept. 2018: Elements 3 - 4 + Oct. 2018 - Feb. 2019: Elements 5 — 6 + March - May 2019: Elements 7 - 8 + June — Aug. 2019: Elements 9, 10, & 13 + Sept. — Oct. 2019: AIP grant Closeout AWES CENTTURY � F , „r W £ € k ! ry „. 461 Page Exhibit B FEE ESTIMATE Yakima Air Terminal - McAllister Field CENTURY WEST ENGINEERING CORPORATION Subconsultant AIRPORT LAYOUT PLAN UPDATE & AGIS Principal In Charge Senior Project Manager Senior Airport Planner Airport Engineer Assistant Planner CADD Technician Admin. Support '.'. Parametrix HLA Mead & Hunt (MH) Charge Rates $215.00 $195.00 $165.00 $130.00 $115.00 $90.00 $60.00 Hours Total Labor _ Total Labor Task Task Description Element 1 STUDY INITIATION AND MANAGEMENT - - - - - - 1.1 Project Formulation, Refine Scope of Work, Budget and Schedule 8 16 0 0 0 0 4 28 $5,080 '.'. $1,745 - - $4,264 1.2 Coordination and Control/Project Administration 8 40 2 0 0 0 8 58 $10,330 Task Budget: 16 56 2 0 0 0 12 86 $15,410 I'. $1,745 $0 I'. $4,264. Element 2 AGIS SURVEY 2.1 FAA AGIS Website and Work Plans 0 2 0 0 0 0 0 2 $390 '.'. - - - $3,660. 2.2 Aerial Imagery Collection 0 2 0 0 0 0 0 2 $390 '.'. $3,060. 2.3 Mapping and Data Collection 0 1 0 0 0 6 0 7 $735 I'. $13,780. 2.4 Obstruction Survey Services 0 1 0 0 0 6 0 7 $735 $5,740'. Task Budget: 0 6 0 0 0 12 0 18 $2,250 $0 $0 $26,240 Element 3 AIRPORT DATA COLLECTION AND FACILITIES INVENTORIES - - - - - - 3.1 Evaluate Existing Documents 0 1 8 0 8 4 0 21 $2,795 '.'. $750 '.'. 3.2 Airport Facilities Inventory 0 1 8 0 8 4 0 21 $2,795 I'. I'. $4,250 3.3 Inventory Existing Utilities and Site Conditions 0 1 4 0 4 0 0 9 $1,315 3.4 Airports Inventory/Define Airport Service Area 0 1 4 0 4 0 0 9 $1,315 3.5 Airspace and NAVAIDS Inventory 0 1 4 0 4 0 0 9 $1,315 3.6 Airport Activity Summary 0 1 4 0 4 0 0 9 $1,315 '.'. 3.7 Financial Inventory 0 1 8 0 4 0 0 13 $1975 3.8 Socioeconomic Data 0 1 4 0 4 0 0 9 $1,315 3.9 Land Use Controls 0 1 8 0 8 0 0 17 $2,435 3.10 Environmental Conditions Inventory 0 1 4 0 4 0 0 9 $1,315 '' $6,268 - - - - 3.11 Wind Data, Runway Coverage Analysis 0 1 4 0 4 0 0 9 $1,315 3.11 Prepare Inventory Working Paper 0 2 16 0 12 0 4 34 $4,650 Task Budget: 0 13 76 0 68 8 4 169 $23,855 I'. $6,268 I'. $5,000 I'. II$0. Element 4 AERONAUTICAL ACTIVITY FORECASTS AND DEMAND CAPACITY ANALYSES 4.1 Service Area Characteristics and Forecast Trends 0 1 2 0 1 0 0 4 $640 $760 4.2 Airline Forecast - Enplanement and Operations Outlook 0 1 2 0 1 0 0 51 4 $640 $9 400. 4.3 Air Cargo Forecasts 0 1 2 0 1 0 0 4 $640 '.'. - - - $6,400. 4.4 Aircraft Operations Forecasts 0 1 2 0 1 0 0 4 $640 '.'. $8 660. 4.5 Based Aircraft Forecasts 0 1 2 0 1 0 0 4 $640 I'. $7,580. 4.6 Critical Aircraft 0 0 2 0 1 0 0 3 $445 $1 480'. 4.7 Runway Utilization and Airfield Capacity Analysis 0 1 2 0 1 0 0 4 $640 $1 740 4.8 FAA Terminal Area Forecast Comparison 0 0 1 0 1 0 0 2 $280 '' - - - $1,484' Task Budget: 0 6 15 0 8 0 0 29 $4,565 '.'. '.'. $0 $0 '.'. $37,504. Element 5 FACILITY REQUIREMENTS 5.1 Determine Aircraft Operational Requirements 0 0 16 0 8 0 0 24 $3,560 $6,280 5.2 Airport Service Area Facility Analysis 0 0 16 0 8 0 0 24 $3,560Design 5.3 Standards & FAR Part 77 Airspace Standards Review/Evaluation 0 0 16 0 8 0 0 24 $3,560 5.4 Define Airside Facilities Requirements 0 1 24 0 16 0 0 41 $5,995 I'. $8,960. 5.5 Define Landside Facilities Requirements 0 1 24 0 16 0 0 41 $5,995 5.6 Develop Facility Requirements Working Paper 0 4 24 0 16 0 0 44 $6,580 $880 Task Budget: 0 6 120 0 72 0 0 198 $29,250 '.'. '.'.$0 $0 '.'. $16,120. Element 6 ALTERNATIVES ANALYSIS 6.1 Goals Development 0 0 16 0 8 0 0 24 $3,560 6.2 Prepare Preliminary Development Alternatives 0 0 8 0 24 24 0 56 $6,240 $15,460 6.3 Engineering/Constructability Feasibility Review of Alternatives 0 1 2 4 1 0 0 8 $1,160 6.4 Environmental Review of Alternatives 0 0 2 0 1 0 0 3 $445 '.'. $4,155 6.5 Prepare Development Alternatives Working Paper 0 1 24 0 24 2 0 51 $7,095 I'. $1340. 6.6 Select Preferred Development Alternative 0 1 24 0 24 24 0 73 $9,075 Task Budget: 0 3 76 4 82 50 0 215 $27,575 $4,155 $0 $16,800 Element 7 AIRPORT LAYOUT AND TERMINAL AREAS PLANS 7.1 Airport Layout Plan 0 1 8 0 8 60 2 79 $7,955 7.2 On -Airport Individual Area Plans (shown on ALP) 0 1 8 0 8 24 2 43 $4,715 7.3 Airport Airspace Drawing (FAR Part 77) 0 1 8 0 4 20 2 35 $3,895 7.4 Runway Protection Zone/Inner Approach Plan & Profile Drawings 0 1 8 0 4 24 2 39 $4,255 7.5 Approach Plan and Profile For Each Runway End 0 1 8 0 4 20 2 35 $3,895 7.6 Threshold Siting Surface for Each RNV End (shown on sheet 7.5) 0 1 8 0 4 8 2 23 $2,815 '.'. 7.7 On -Airport Land Use Plan 0 1 8 0 4 8 2 23 $2,815 7.8 Off -Airport Land Use Plan 0 1 8 0 4 16 2 31 $3,535 7.9 Exhibit "A" Airport Property Map 0 1 8 0 8 16 2 35 $3,995 7.10 Noise Impacts & Contour Map 0 1 4 0 2 8 2 17 $1,925Task Budget: 0 10 76 0 50 204 20 360 $39,800 '.'. '.'. $0 $0 '.'. [6$0. Element 8 COMPATIBLE LAND USE PLANNING IN THE VICINITY OF AIRPORTS 8.1 Compatible Land Use PIanNVorking Paper 0 0 16 0 8 0 2 26 $3,680 Task Budget: 0 0 16 0 8 0 2 26 $3,680 '.'. '.'. $0 - $0 '.'. '.'. $0. Element 9 CAPITAL IMPROVEMENT PROGRAM AND COST ESTIMATES 9.1 Capital Improvement Program 0 0 12 32 8 0 2 54 $7,180 9.2 Prepare Capital Improvement Program Working Paper 0 0 16 0 8 0 2 26 $3,680 Task Budget: 0 0 28 32 16 0 4 80 $10,860 '.'. '.'.$0 - $0 '.'. '.'.$0. Element 10 AIRPORT FINANCIAL PLAN 10.1 Financial/Implementation Plan 0 0 8 0 8 0 2 18 $2,360 10.2 Financial Plan Working Paper 0 0 16 0 8 0 2 26 $3,680 Task Budget: 0 0 24 0 16 0 4 44 $6,040 '' '' $0 - $0 ''--$0 Element 11 AGENCY COORDINATION 11.1 Prepare List of Agency Stakeholders 0 4 0 0 0 0 1 5 $840 11.2 Agency Coordination - FAA 0 16 16 0 8 0 0 40 $6,680 Task Budget: 0 20 16 0 0 0 1 45 $7,520 $0 $0 '$© Element 12 PUBLIC PARTICIPATION AND INFORMATION PROCESS 12.1 Identify Project Stakeholders 0 2 0 0 0 0 0 2 $390 12.1.1 Public Informational and City Council Meetings 0 32 32 0 16 0 2 82 $13,480 FEE ESTIMATE AIRPORT LAYOUT PLAN UPDATE & AGIS Principal In Charge Senior Project Manager Senior Airport Planner Airport Engineer Assistant Planner CADD Technician Admin. Support Parametrix HLA '.Mead & Hunt (MH) Charge Rates $215.00 $195.00 $165.00 $130.00 $115.00 $90.00 $60.00 Hours Total Labor Total Labor 12.2 Public Information Program 0 2 0 0 0 0 0 2 $390 I'. $7,240. 12.2.1 Project Stakeholder List 0 2 0 0 0 0 0 2 $390 12.2.2 Public Meeting Notices/Press Releases 0 2 0 0 0 0 0 2 $390 12.2.3 VVebsite Content for City or Century West Hosted Project VVebsite 0 2 0 0 0 0 4 6 $630 12.2.4 Public Meeting Notes and Comment List 0 4 0 0 0 0 2 6 $900 '.'. $870. Task Budget: 0 46 32 0 16 0 8 102 $16,570 I'. I'. $0 $0 I'. $8,110. Element 13 REPORTS AND DOCUMENTATION 13.1 "Preliminary" Draft ALP Set 0 2 4 0 8 16 8 38 $3,890 13.2 Draft Airport Master Plan Report & Draft ALP Drawing Set 0 2 8 0 8 16 8 42 $4,550 '.'. 13.3 Final Report and ALP Drawing Set 0 2 8 0 8 8 16 42 $4,310 13.4 Appendices 0 2 4 0 4 4 8 22 $2,350 13.5 Summary of Products to FAA 0 2 4 0 4 4 8 22 $2,350 13.6 Summary of Products to City 0 2 4 0 4 4 8 22 $2,350 '' - - - $3,260 13.7 Summary of Products to VVSDOT 0 0 0 0 0 0 4 4 $240 Task Budget: 0 12 32 0 36 52 60 192 $20,040 I'. I'. $0 $0 I'. $3,260. Totals 16 178 513 36 376 326 115 1564 $207,415 $12,168 $5,000 $112,298 CENTURY WEST - EXPENSE SUMMARY $ 2,000 $ 160 $ 100 $ 642 $ 500 $ - $ 500 $ 500 Sub Expenses (Lump Sum) In -House Plots & Report Printing - Draft & Final Plan Sets & Reports CWEC Travel - 5 Trips Ellensburg to Yakima (60 RT Miles ea @ $0.535) CWEC Travel -4 Trips Ellensburg to Yakima (Rental Car, gas, lodging etc) CWEC Travel -4 Trips Bothell to Yakima (300 RT Miles ea @ $0.535) CWEC Travel -4 Trips Bothell to Yakima (Rental Car, gas, lodging etc) Subconsultant Expenses (Travel, miscellaneous) Per Diem - 4 Person Days @ $125 per Day Expenses (Advertisements, Meetings, Postage, Communication, etc. ) $0.00 $0.00 I'. $99,452. Total CWEC Reimbursable Expenses $ 4,402 5lotal Project Estimate 1 $440,735 E hibit AGREEMENT AND AUTHORIZATION FOR ENGINEERING CONSULTING SERVICES 53 .4/if/CENTURY Zdrf WEST ENGINEERING By this Agreement, effective July 2nd 2018, Century West Engineering Corporation (Engineer) authorizes Mead & Hunt (Subcontractor) to perform the following Scope of Services in accordance with this agreement, Engineer's Subcontractor Terms and Conditions. Project: Yakima Aft Terminal Airport Layout Plan Update & AGIS FAA Project No.: 3-53-0089-042-2018 Scope of Services: This scope of services for the Airport Layout Plan Update and AGIS survey for the Yakima Air Terminal is as detailed in the Scope of Work Opinion of Probable Cost: S21 1,750 Time & Materials per attached fee schedule, not to exceed specified amount without prior authorization by Client. Mead & Hunt Century By: By: Title: Vice President Title: Date: July 11, 2018 Date: Engineering Corporation AGREEMENT AND AUTHORIZATION FOR ENGINEERING CONSULTING SERVICES 54 CENTURY WEST R G By this Agreement, effective July 2nd 2018, Century West Engineering Corporation (Engineer) authorizes Parametrix Inc. (Subcontractor) to perform the following Scope of Services in accordance with this agreement, Engineer's Subcontractor Terms and Conditions. Project: FAA Project No.: 3-53-0089-041-2018 Scope of Services: This scope of services for the Airport Layout Plan Update and AGIS survey for the Yakima Air Terminal is as detailed in the Scope of Work. Yakima Air Terminal - Airport Layout Plan Update & AGIS Opinion of Probable Cost: $12,168 Paramerixinc. By; Time & Materials per attached fee schedule. not to exceed specified amount without prior authorization by Client. Century West Engineering Corporation By: Title: 0 Date: 55 &jar CENTURY WV WEST tl.,611.ti P.140 SUBCONTRACTOR AGREEMENT FOR SERVICES By this Agreement, effective July 2, 2018, Century West Engineering Corporation (Engineer) authorizes HLA Engineering and Land Surveying, Inc. (Subcontractor) to perform the following Scope of Services in accordance with this Agreement, Engineer's SUBCONTRACTOR TERMS AND CONDITIONS and the following additional attachments: Project Name/Location: Yakima Air Terminal Airport Layout Plan Update & AGIS FAA Project No.: 3-53-0089-041-2018 Scope of Services: Assist Engineer with Task 3.1 - Evaluate Existing Conditions and Task 3.2 - Airport Facilities Inventory. As part of these tasks, the Subcontractor would participate in an inventory site visit of thc airport along with the Engineer. The Subcontractor will assist the Engineer with the history and knowledge of past projects and conditions at the airport. Fees: The total lump sum fee for this work is $5,000. If additional funds are required to complete the services defined herein beyond this limit, Subcontractor shall notify Engineer in writing prior to reaching the authorized limit and will not proceed with work in excess of the limit without the prior written approval. HLA Inc. Centu 1 gineering Corporation By' By° Title: Title: Date: Date: Exhibit F ENGINEERING CONSULTING • TERMS AND CONDITIONS 1. SERVICES: Engineer agrees to perform the Scope of Services (Services) under the following terms and conditions. Additional Services will be provided only by written amendment to this Agreement. 2. TIMES OF PAYMENTS: Engineer will submit invoices on a monthly basis for the unbilled portion of Services actually completed. Client will pay the invoice within 30 days of the invoice date. Accounts remaining unpaid after said 30 days will be considered delinquent and assessed a late payment charge (currently at the rate of 1 1/2% per month) calculated each month from the date of the invoice. Engineer reserves the right to suspend all Services until account delinquencies have been remedied. 3. OPINIONS OF COST: Because Engineer has no control over the cost of labor, materials, equipment or Services furnished by others, or over contractors' methods of determining prices, or other competitive bidding or market conditions, any cost estimates provided by Engineer will be made on the basis of experience and judgment. Engineer cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from opinions of probable costs prepared by Engineer. 4. CLIENT -PROVIDED INFORMATION: Client will make available to Engineer, all information readily available to Client regarding existing and proposed conditions of the site which will aid Engineer in its performance of Services. Engineer shall be entitled to rely, without further inquiry or investigation, on all information furnished to Engineer by Client. Client agrees to advise Engineer of any hazardous substances or any condition existing in, on or near the site presenting a potential danger to human health, the environment, or equipment. Client will immediately transmit to Engineer any new information which becomes available to Client which may have a bearing on Engineer's performance of Services or which relates to information Engineer has requested from Client. If any hazards, not disclosed to Engineer, are discovered after the Services are undertaken, Client and Engineer agree that the Scope of Services, time schedule and rate schedule shall be modified accordingly. 5. STANDARD OF PERFORMANCE: Engineer represents that Services will be performed within the limits prescribed by Client, and that its findings, recommendations, specifications and/or professional advice provided hereunder will be prepared and presented in a manner consistent with the level of care and skill ordinarily exercised by other professionals under similar circumstances at the time the Services are performed. 6. ACCESS, APPROVALS, PERMITS: Client shall arrange for access to and make all provisions for Engineer to enter onto public and private property as required for Engineer to perform the Services. Unless otherwise agreed, Client will be solely responsible for applying for and obtaining such permits and approvals as may be necessary for Engineer to perform the Services. 7. REUSE OF DOCUMENTS: All documents, including Page 1 of 3 56 computer files, drawings and specifications, prepared by Engineer pursuant to this Agreement shall be and remain the property of the City as products of the work performed on this Project. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Services provided for the Project under this Agreement or on any other project. Any reuse without written authorization, certification or adaptation by Engineer for the specific purpose intended will be at Client's sole risk and without liability to Engineer. 8. ASBESTOS/PCBs: All asbestos/PCB related Services are excluded from Engineer's Scope of Services. Client shall notify Engineer at the start of the Project if the presence of asbestos/PCBs on the project is suspected. If asbestos/PCBs are suspected or encountered, Engineer will stop its own work to permit proper testing and evaluation. If requested as an additional Service, Engineer will assist Client in contacting regulatory agencies and/or identifying appropriate testing laboratories. 9. SUBMITTAL REVIEW: Review by Engineer of submittals by contractor is only for general conformance with the design concept of the Project and general compliance with the information given in the Contract Documents. The review does not affect the contractor's responsibility to perform all contract requirements with no change in contract price or time. Any action taken by the Engineer is subject to the requirements of the plans, specifications and other Contract Documents. Client shall indemnify Engineer against any claim by any contractor based on the review. 10. ENGINEER AT CONSTRUCTION SITE: The presence or duties of Engineer's personnel at the construction site, whether as on-site representatives or otherwise, do not make Engineer or its personnel in any way responsible for those duties that belong to the Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties and responsibilities, including but not limited to, all construction methods, means, techniques, sequences and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. Engineer and its personnel have no authority to exercise control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except Engineer's own personnel. ESTTURY ENE k f 11. INDEMNIFICATION AND INSURANCE: (a) Client agrees to indemnify, hold harmless and defend Engineer, its directors, officers, agents and employees, from and against any and all liabilities, claims, penalties, forfeitures, suits and the cost and expenses incidental thereto, including but not limited to reasonable attorney fees, which Engineer may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of governmental laws, regulations or orders caused by (1) Client's breach of any term or provision of this Agreement; (2) Client's negligent or wrongful act or omission in the performance of this Agreement; or (3) Client's generation, storage or release of waste products including hazardous waste. (b) Engineer agrees to indemnify, hold harmless and defend Client, its elected and appointed officials, officers, agents and employees, from and against any and all liabilities, claims, penalties, forfeitures, suits and the cost and expenses incidental thereto, including but not limited to reasonable attorney fees, which Client may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of governmental laws, regulations or orders caused by Engineer's (1) breach of any term or provision of this Agreement; or (2) any negligent or wrongful act or omission in the performance of this Agreement. (c) In the event any claim arises as a result of the concurrent negligence of Engineer and Client, liability will be determined on the basis of the doctrine of comparative negligence. Each party shall promptly notify the other party, in writing, of any threatened or actual claim, action, or proceeding. Engineer and Client shall jointly control the defense. (d) Notwithstanding any other provision contained in this Agreement, neither party shall be liable to the other party for any indirect, incidental, special or consequential damages of any kind, including without limitation, lost profits or loss of use, regardless of the cause, including negligence. (e) Upon request, Engineer will provide Client with Certificates of Insurance for Workers Compensation, General, Auto and Professional Liability coverage. • 1. At all times during performance of the Services, Engineer shall secure and maintain in effect insurance to protect the Client and Engineer from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Engineer shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The Client reserves the right to require higher limits should it deem it necessary in the best interest of the public. • 2. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, Engineer shall provide the Client with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall include employers liability (Washington Stop Gap). The certificate shall clearly state who the Page 2 of 3 57 provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the Client, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. • 3 Commercial Automobile Liability Insurance. a. If Engineer owns any vehicles, before this Contract is fully executed by the parties, Engineer shall provide the Client with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If Engineer does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 2 entitled "Commercial Liability Insurance". c. Under either situation described above in Section 3.a and Section 3.b the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the Client, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. • 4. Professional Liability Coverage. Before this Contract is fully executed by the parties, Engineer shall provide the Client with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Client agrees to maintain, during the performance of Services, general liability and automobile liability insurance in the amount of one million dollars ($1,000,000). 12. LIMITED LIABILITY: Excepting matters specifically alleging damage to property, bodily injury or death, Client agrees that Engineer's liability to Client, contractors, subcontractors, and their agents, employees and consultants, and to all other third parties which may arise from or be due directly or indirectly to the negligent acts, errors and/or omissions of engineer, its agents, employees CENTURY WEST N g r f or consultants shall be limited to a continued aggregate not to exceed $100,000 or the total amount paid in fees to Engineer, whichever is greater. Page 3 of 3 58 13. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice to the other. Either party may terminate this Agreement immediately in the event of a material breach by the other party to perform in accordance with the terms hereof but only if said breach is through no fault of the terminating party and said breach is not corrected before the date of termination. If this Agreement terminates for Force Majeure, Client shall pay Engineer for all Services authorized and performed to Client's satisfaction prior to the termination date including, if applicable, a prorated lump sum fee. 14. SUCCESSORS AND ASSIGNS: Neither Engineer nor Client may assign this Agreement without the prior written consent of the other. Engineer may, however, employ any other party or entity it deems necessary or proper for any part of the Services required to be performed by Engineer under the terms of this Agreement. The covenants, conditions and terms of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. 15. MISCELLANEOUS: (a) This Agreement shall be governed by the laws of the State of Washington. Venue for any action necessary to enforce the terms of this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. (b) Any claim brought by Client against Engineer must be brought no later than two years after the date of substantial completion of the Services hereunder or the expiration of the appropriate statute of limitations, whichever is earlier. (c) In the event an action is instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attorneys fees in such action, in both trial and appellate courts. (d) No waiver by either party of any provision of this Agreement shall be construed or deemed to be a waiver of (a) any other provision of this Agreement or (b) a subsequent breach of the same provision, unless such waiver be so expressed in writing and signed by the party to be bound. (e) The terms and conditions of this Agreement contain a series of separate agreements. If in any proceeding a court or arbitrator shall refuse to enforce any of the separate agreements, any unenforceable agreement shall be deemed reduced or eliminated from the terms and conditions for the purpose of such proceeding, but only to the extent necessary to permit the remaining agreements to be enforced in such proceeding. (f) This Agreement constitutes the entire agreement between Client and Engineer regarding the Services and supersedes all prior or contemporaneous oral or written representations or agreements. This Agreement shall not be modified except by a written document signed by both parties. "ZVI:WRY NEE k f Exhibit G 59 FAA Ai rports Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects ContentsRecord of Changes ContractGuidance -_---_--__--___-_--_'__-_-'___-_----_-__-_-_-'__-----'_--___'-_'4 1. Purpose ofthis Document 4 Z. Sponsor Requirements 4 3. Typical Procurement Steps 5 4. Applicability Matrix for Contract Provisions 6 Appendix /\- CONTRACT' PROVISIONS ....~.....^^..............~......^.....~^....................^........^............^1 Al ACCESS TO RECORDS AND REPORTS 1 A2 AFFIRMATIVE ACTION REQUIREMENT 2 A3 BREACH OFCONTRACT TERMS 5 A4 BUY AMERICAN PREFERENCE 6 A5 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 A13 DISTRACTED DRIVING 41 A14 ENERGY CONSERVATION REQUIREMENTS 42 A15 DRUG FREE WORKPLACE REQUIREMENTS 43 A16 EQUAL EMPLOYEM [NT OPPORTUNITY ([[0) 44 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 1 60 A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 51 A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 52 A19 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 68 A27 VETERAN'S PREFERENCE 70 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 Minority and Females" 4 6/10/2016 Al2, Disadvantaged Business Enterprise Al2.3: Changed Title to "Required Provisions" Al2.3.1: Corrected starting timeframe for submitting written confirmation from "Owner Notice of Award" to "bid opening" Al2.3.1: Provided two sets of last paragraphs to reflect change (7 days to 5 days) that occurs on December 31, 2016. Al2.3.2: Moved Race/Gender Neutral language up and renamed heading to reflect text is solicitation language. Al2.3.3: 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 Document Added clarifying text addressing purpose and limitations of this guidance. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 2 61 No. Date Item Change 1.7-1.9: Added definitions of contract, applicant, bid 7 12/12/2017 2. Sponsor requirements Added clarifying text addressing sponsor responsibilities. 8 12/12/2017 3. Typical Procurement Steps Added clarifying text for typical procurement process steps. 9 12/12/2017 Table 1— Applicability Matrix Re -arranged table in alphabetic order. Added "Solicitation" column to address solicitation provisions Item 1, Seismic Safety: Added Limited Application Added note on Airport Concessions Disadvantaged Business Enterprises 10 12/12/2017 All Clauses Clarifying revisions made to applicability section. 11 12/12/2017 A5, Civil Rights - General Rephrased General Civil Rights Provision to simplify language and to clarify duration of obligation for tenant/concessionaire/lessee 12 12/12/2017 A6.3.1 Civil Rights — Solicitations Added sponsor must select either DBE or ACDBE 12 12/12/2017 Al2, Disadvantaged Business Enterprise The deadline to submit DBE confirmation of participation is now 5 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, Tax Delinquency and Felony Conviction New certification addressing contractor tax delinquency and felony conviction. 14 6/19/2018 6.2.1, Applicability of Title VI Solicitation Notice For Title VI Clauses for Compliance with Nondiscrimination Requirements, change second sentence in second column to changed "are already subject to nondiscrimination requirements" to "are not already subject to nondiscrimination requirements". 15 6/19/2018 A6.4.1, Title VI Clauses for Compliance with Nondiscrimination Requirements In second item, changed "are already subject to nondiscrimination requirements" to "are not already subject to nondiscrimination requirements". Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 3 62 CONTRACT GUIDANCE 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, offeror, 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 4 63 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. 3) 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 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. 4) Require the contractor (including all subcontractors) to insert these contract provisions in each lower tier contract (e.g. subcontract or sub -agreement). 5) 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. 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 5 64 5) 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 June 19, 2018 Page 6 65 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 Provisions/Clauses ° o o as o a Construction Equipment Property (Land) Non -AI P Contracts Access to Records and Reports $ 0 NIS REQD REQD REQD REQD n/a Affirmative Action Requirement $10,000 REQD Limited REQD Limited Limited n/a Breach of Contract $150,000 NIS REQD REQD REQD REQD n/a Buy American Preferences $ 0 REF Limited REQD REQD Limited n/a (1) Buy American Statement $ 0 NIS Limited REQD REQD Limited n/a (2) BA — Total Facility $ 0 NIS Limited REQD REQD Limited n/a (3) B.A. — Manufactured Product $ 0 NIS Limited REQD REQD Limited n/a Civil Rights—General $ 0 NIS REQD REQD REQD REQD REQD Civil Rights - TitleVIAssurances $0 REF REQD REQD REQD REQD REQD (1) Notice - Solicitation $ 0 REQD REQD REQD REQD REQD REQD (2) Clause - Contracts $ 0 NIS REQD REQD REQD REQD REQD (3) Clause —Transfer of U.S. Property $ 0 NIS n/a n/a n/a Limited REQD (4) Clause—Transfer of Real Property $ 0 NIS n/a n/a n/a REQD REQD (5) Clause - Construct/Use/Access to $ 0 NIS n/a n/a n/a REQD REQD Real Property (6) List— Pertinent Authorities $0 NIS REQD REQD REQD REQD REQD Clean Air/Water Pollution Control $150,000 NIS REQD REQD REQD REQD n/a Contract Work Hours and Safety Standards $100,000 NIS Limited REQD Limited Limited n/a Copeland Anti -Kickback $ 2,000 NIS Limited REQD Limited Limited n/a Davis Bacon Requirements $ 2,000 REF Limited REQD Limited Limited n/a Debarment and Suspension $25,000 REF REQD REQD REQD Limited n Disadvantaged Business Enterprise $ 0 REF REQD REQD REQD REQD n/a Distracted Driving $3,500 NIS REQD REQD REQD REQD n/a Energy Conservation Requirements $ 0 NIS REQD REQD REQD REQD n/a Equal Employment Opportunity $10,000 NIS Limited REQD Limited Limited n/a (1) EEO Contract Clause $10,000 NIS Limited REQD Limited Limited n/a (2) EEO Specification $10,000 NIS Limited REQD Limited Limited n/a Federal Fair Labor Standards Act $ 0 NIS REQD REQD REQD REQD Info Foreign Trade Restriction $ 0 REF REQD REQD REQD REQD n/a Lobbying Federal Employees $ 100,000 REF REQD REQD REQD REQD n/a Occupational Safety and Health Act $ 0 NIS REQD REQD REQD REQD Info Prohibition of Segregated Facilities $10,000 NIS Limited REQD Limited Limited n/a Recovered Materials $10,000 REF Limited REQD REQD Limited n/a Rights to Inventions $ 0 NIS Limited Limited Limited n/a n/a Seismic Safety $ 0 NIS Limited Limited Limited n/a n/a Tax Delinquency and Felony Conviction $ 0 NIS REQD REQD REQD REQD n/a Termination of Contract $10,000 NIS REQD REQD REQD REQD n/a Veteran's Preference $ 0 NIS REQD REQD REQD REQD n/a Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 7 66 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 June 19, 2018 Page 8 67 APPENDIX A - CONTRACT PROVISIONS Al ACCESS TO RECORDS AND REPORTS A1.1 SOURCE 2 CFR § 200.333 2 CFR § 200.336 FAA Order 5100.38 A1.2 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. A1.3 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 June 19, 2018 Page 1 68 A2 AFFIRMATIVE ACTION REQUIREMENT A2.1 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 Females". EAs and SMSAs span state boundaries. A sponsor may have to refer to entries for adjacent states in order to locate the goal for the project location. Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for female participation for all construction projects. This value remains constant for all counties and states. 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.). 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 2 69 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: Goals for female participation in each trade: 3.73% 2018 DBE Goal for the Yakima Air Terminal 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 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 3 70 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is in the City of Yakima, within Yakima County in Washington State. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 4 71 A3 BREACH OF CONTRACT TERMS A3.1 SOURCE 2 CFR § 200 Appendix II(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 Corporation] 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 Corporation] written notice that describes the nature of the breach and corrective actions the [Century West Engineering Corporationlmust 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 Corporation] must correct the breach. Owner may proceed with termination of the contract if the [Century West Engineering Corporation] 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 June 19, 2018 Page 5 72 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 of the 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 of the 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 american/. 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. 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 6 73 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 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 7 74 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 (V) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the 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. ❑ 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: 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. e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 8 75 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 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 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 June 19, 2018 Page 9 76 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 (V) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; 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. ❑ 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: 1. 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 June 19, 2018 Page 10 77 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 June 19, 2018 Page 11 78 A5 CIVIL RIGHTS - GENERAL A5.1 SOURCE 49 USC § 47123 A5.2 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 A6. 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. A5.3 CONTRACT CLAUSE (Use the Correct Clause for the Situation) A5.3.1 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. A5.3.2 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). 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 12 79 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 June 19, 2018 Page 13 80 A6 CIVIL RIGHTS — TITLE VI ASSURANCE A6.1 SOURCE 49 USC § 47123 FAA Order 1400.11 A6.2 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: A6.2.1 Applicability of Title VI Solicitation Notice Contract Clause The Sponsor must include the contract clause in:-'- Clause Text is Included in Paragraph Title VI Solicitation Notice — • Assurance 2 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30d of the Airport Sponsor Assurances 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 Clauses for Compliance with Nondiscrimination Requirements • Assurance 3 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30e.1 of the Airport Sponsor Assurances 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) It has been determined that service contracts with utility companies that are not already subject to nondiscrimination requirements must include this clause. A6.4.1 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 14 81 Contract Clause The, Sponsor must include the contract clause in: Clause Text is Included in Paragraph Title VI Required Clause for Property Interests Transferred from the United States • Assurance 4 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30e.3 of the Airport Sponsor Assurances 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. This is a rare occurrence and it will be the responsibility of the United States government to include the clause in the contract. A6.4.2 Title VI Required Clause for Transfer of Real Property Acquired or Improved Under the Activity, Facility or Program — • Assurance 5 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30e.4a of the Airport Sponsor Assurances 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 Airport Improvement 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. A6.4.3 Clause for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program • Assurance 6 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30e.4b of the Airport Sponsor Assurances In 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 Airport Improvement Program This applies to agreements such as leases of concession space in a terminal. A6.4.4 Title VI List of Pertinent Nondiscrimination Acts and Authorities • Assurance 3 of the DOT Standard Title VI Assurances and Nondiscrimination Clauses • Assurance 30e.2 of the Airport Sponsor Assurances 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. A6.4.5 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 15 82 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 June 19, 2018 Page 16 83 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 not 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 of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 17 84 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 of real 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 (ExhibitA 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 Issued on June 19, 2018 Page 18 85 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 (1) 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. 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 (lease, Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 19 86 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 (Title of Sponsor) 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 (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 June 19, 2018 Page 20 A6.4.4 Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program 87 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 (1) 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 June 19, 2018 Page 21 88 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); Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 22 89 • 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). Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 23 90 A7 CLEAN AIR AND WATER POLLUTION CONTROL A7.1 SOURCE 2 CFR § 200, Appendix II(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 § 740-7671q) 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 24 91 A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS A8.1 SOURCE 2 CFR § 200, Appendix II(E) A8.2 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. A8.3 CONTRACT CLAUSE CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 25 92 rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 26 93 A9 COPELAND "ANTI -KICKBACK" ACT A9.1 SOURCE 2 CFR § 200, Appendix II(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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 27 94 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 28 95 A10 DAVIS-BACON REQUIREMENTS A10.1 SOURCE 2 CFR § 200, Appendix II(D) 29 CFR Part 5 A10.2 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 laborers 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. A10.3 CONTRACT CLAUSE DAVIS-BACON REQUIREMENTS 1. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 29 96 account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 30 97 refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (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. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 31 98 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: (1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 32 99 (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 than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 33 100 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. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 34 101 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) ofthe Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) ofthe Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 35 102 All DEBARMENT AND SUSPENSION A11.1 SOURCE 2 CFR part 180 (Subpart C) 2 CFR part 1200 DOT Order 4200.5 A11.2 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/offeror with consultant. A11.3 SOLICITATION CLAUSE A11.3.1 Bidder or Offeror 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 June 19, 2018 Page 36 103 A11.3.2 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 June 19, 2018 Page 37 104 Al2 DISADVANTAGED BUSINESS ENTERPRISE Al2.1 SOURCE 49 CFR part 26 Al2.2 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 — 1. 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 Al2.3.1 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 June 19, 2018 Page 38 105 Al2.3 REQUIRED PROVISIONS Al2.3.1 Solicitation Language (Solicitations that include a Project Goal) Information Submitted 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: 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. 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 Solicitation Language (Race/Gender Neutral Means) 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 June 19, 2018 Page 39 106 Al2.3.3 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: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (§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 [City of Yakima]. 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 [City of Yakima]. This clause applies to both DBE and non -DBE subcontractors. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 40 107 A13 DISTRACTED DRIVING A13.1 SOURCE Executive Order 13513 DOT Order 3902.10 A13.2 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. A13.3 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 Issued on June 19, 2018 Page 41 108 A14 ENERGY CONSERVATION REQUIREMENTS A14.1 SOURCE 2 CFR § 200, Appendix II(H) A14.2 APPLICABILITY The Energy Conservation Requirements of 2 CFR § 200 Appendix II(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 of this 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 Issued on June 19, 2018 Page 42 109 A15 DRUG FREE WORKPLACE REQUIREMENTS A15.1 SOURCE 49 CFR part 32 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. A15.3 CONTRACT CLAUSE None. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 43 110 A16 EQUAL EMPLOYEMENT OPPORTUNITY (EEO) A16.1 SOURCE 2 CFR 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 A16.2 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 June 19, 2018 Page 44 111 A16.3 MANDATORY CONTRACT CLAUSE A16.3.1 EEO Contract Clause EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 45 112 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 of race); (3) Asian and Pacific Islander (all persons having origins in any ofthe original peoples ofthe Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 46 113 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 individual was sent to the union hiring hall for referral and was not referred back to the Contractor Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 47 114 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 Issued on June 19, 2018 Page 48 115 k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. 1. 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 of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through '7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 49 116 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 performed. 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 June 19, 2018 Page 50 117 A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) A17.1 SOURCE 29 USC § 201, et seq A17.2 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 Consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [Contractor 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 June 19, 2018 Page 51 118 A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES A18.1 SOURCE 31 USC § 1352 — Byrd Anti -Lobbying Amendment 2 CFR part 200, Appendix II(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 Issued on June 19, 2018 Page 52 119 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 June 19, 2018 Page 53 120 A19 PROHIBITION of SEGREGATED FACILITIES A19.1 SOURCE 41 CFR § 60 A19.2 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 Issued on June 19, 2018 Page 54 121 (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 55 122 A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A20.1 SOURCE 29 CFR part 1910 A20.2 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 56 123 A21 PROCUREMENT OF RECOVERED MATERIALS A21.1 SOURCE 2 CFR § 200.322 40 CFR part 247 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 June 19, 2018 Page 57 124 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 Issued on June 19, 2018 Page 58 125 A22 RIGHT TO INVENTIONS A22.1 SOURCE 2 CFR § 200, Appendix II(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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 59 126 A23 SEISMIC SAFETY A23.1 SOURCE 49 CFR part 41 A23.2 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 of NEHRP 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 June 19, 2018 Page 60 127 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 61 128 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. If the 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 (V) 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 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 provide information to the owner about its tax liability or conviction to the Owner, who will then notify Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 62 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 thc 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. 129 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 Issued on June 19, 2018 Page 63 130 A25 TERMINATION OF CONTRACT A25.1 SOURCE 2 CFR § 200 Appendix II(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 II(B) to Part 200, which addresses termination for fault and for convenience. A25.3 CONTRACT CLAUSE A25.3.1 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. 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. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 64 131 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 Termination for Default TERMINATION FOR DEFAULT (CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. 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: Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 65 132 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 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 66 133 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 [1 80] 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 performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 67 134 A26 TRADE RESTRICTION CERTIFICATION A26.1 SOURCE 49 USC § 50104 49 CFR part 30 A26.2 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. 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: Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 68 135 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 69 136 A27 VETERAN'S PREFERENCE A27.1 SOURCE 49 USC § 47112(c) A27.2 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. If the 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 June 19, 2018 Page 70 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.H. For Meeting of: July 17, 2018 ITEM TITLE: Resolution authorizing an agreement with Century West Engineering Corporation in the amount not to exceed $440,735 for Professional Services to update the Airport Layout Plan and provide a Narrative Report for the Yakima Airport SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Airport Master Plan update was adopted by City Council in 2015. This plan provides a 5-, 10-, and 20 -year forecast for future development of the airport. Since adoption, the airport has witnessed tremendous growth in passengers utilizing the airport and infrastructure improvements including the 21St Avenue and Airport Lane project. In addition, several buildings have been constructed including the Memorial Medical Center, McAllister Museum/Civil Air Patrol Hangar, and Swiftwater Cellar hangar. The Federal Aviation Administration (FAA) requires all new and future hangars or facility improvements to be documented on the Airport Layout Plan in order to receive federal funding. Since airport development is always changing, the Airport Layout Plan requires periodic updates in order to meet FAA requirements. As part of the Airport Layout Plan update, the FAA will incorporate an obstruction survey called Airport Geospatial Information System (AGIS) in support of NexGen. This process will incorporate data needed to develop satellite -based approach procedures and to better utilize and manage the National Airspace System. Furthermore, the update will provide the Yakima Air Terminal — McAllister Field with a plan to address the development needs at the airport for a 20 -year planning horizon (2018-2038) and will develop a realistic program for implementation within known funding constraints. Approximately $396,661.50 (90%) of federal grant funds and approximately $44,073.50 (10%) of Passenger Facility Charges as the airport's local match will fund the Airport Layout Plan update. Funds from the City's general fund will not be utilized to complete this project. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: Acting City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 0 Resdution 7/10/2018 0 agreement 7/11/2018 Type Resolution Car Memo 2