HomeMy WebLinkAbout _ 4.2(a)--Approve Consulting and Professional Services AgreementC IT Y OF
REMDINO�"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: February 6, 2024
FROM: Steve Bade, Assistant City
ITEM NO. 4.2(a)
Manager
***APPROVED
BY***
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tevee I S, er 1/26/2024
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shade@cityofredding.org
btippin@cityofredding.org
SUBJECT: 4.2(a) --Approve Consulting and Professional Services Agreements for Redding
Regional Airport
Recommendation
Approve Consulting and Professional Services Contracts for services in support of the Redding
Regional Airport for the following consultants:
(1) Mead & Hunt, Inc. to provide On -Call Grant Administration, Architectural/Engineering,
and Construction Management Services for a period of five years plus a one-year option;
(2) Coffman Associates to provide On -Call Airport Planning and Environmental Consulting
Services for a period of five years plus a one-year option; and
(3) Authorize the Mayor to execute the agreements.
Fiscal Impact
There are no direct costs associated with executing these master agreements. Future task orders
will be issued for the contracts in the form of an Authorization of Services Agreement, and each
will include the negotiated fees. Individual task orders may require the City Council's (Council)
approval depending on value and will be budgeted appropriately. Most task orders will be
associated with federal grants and may require a match from local funds.
Alternative Action
The Council may choose not to approve these consultant contracts to provide on-call grant
administration, design/engineering, planning and environmental services and documentation, and
construction management services. If that decision is made, then an alternative means for
accomplishing the tasks associated with these services would need to be established, which may
cause delays in meeting Federal Aviation Administration (FAA) grant deadlines.
Background/Analysis
Report to Redding City Council January 30, 2024
Re: 4.2(a) --Approve Consulting and Professional Services Agreement Page 2
Redding Regional Airport (RDD) is currently experiencing passenger growth for the airport
terminal building and in need of updating its infrastructure. To address the short-term and long-
term terminal area development needs and to provide a program for practical implementation, the
City of Redding (City) on February 21, 2023 published a Request for Qualifications (RFQ) to
solicit firms to submit Statements of Qualifications (SOQ) for various technical services for the
terminal including grant administration, design/engineering, environmental analyses and
documentation, planning services, and construction management services to undertake project
development and construction work efforts for a terminal construction project and an option to
include an emergency operations center, as well as any associated projects with the new terminal,
such as associated landside infrastructure including intermodal transportation projects. The
potential projects are likely to be subject to federal, state and local funding processes, may be
accomplished during the course of multiple grants, and may involve approval prior to
commencement. The FAA requires sponsors to solicit for airport consulting services for various
technical and professional services associated with federal Airport Improvement Program funded
projects
The RFQ stated that a separate selection could be made for each of these services. A total of
three firms submitted a SOQ by the March 22, 2023, deadline. Airport staff established a
selection committee that reviewed the SOQs and determined the following:
• Mead & Hunt scored the highest for the Grant Administration, Architectural/Engineering,
and Construction Management Services; and
• Coffman & Associates scored the highest for On -Call Planning and Environmental
Services.
If approved, these Professional Services Contracts will serve as the Master Agreements with
subsequent individual task orders with specific scopes of work and negotiated fees for service.
Once under contract with each firm, Airports staff will begin working with the selected
consultants and begin scoping the first task orders to accomplish planned airport projects
pending FAA grant funding for specified scopes of work.
Environmental Review
This activity is not a project as defined by the California Environmental Quality Act, and no
further action is required.
Council Priority/City Manager Goals
• Government of the 211t Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
• Economic Development — "Facilitate and become a catalyst for economic development
in Redding to create jobs, retain current businesses and attract new ones, and encourage
investment in the community."
Attachments
Coffman MSA
Mead & Hunt MSA
CITY OF REDDING
CONSULTING AND PROFESSIONAL MASTER SERVICES
AGREEMENT
THIS CONTRACT is made at Redding, California, by and between the City of Redding
("City"), a municipal corporation, and Coffman Associates. ("Consultant") whose address is
4835 E. Cactus Road, Suite 235, Scottsdale, AZ 85254 for the purpose of providing On -Call
Planning & Environmental Consulting Services for the City of Redding Airports Division.
WHEREAS, City does not have sufficient personnel to perform the services required herein
thereby necessitating this Contract for personal services.
WHEREAS, on March 23`d, 2023, three proposals were received in response for a Request for
Qualifications (RFQ) for On -Call Grant Administration; Architectural/Engineering;
Planning/Environmental; and Construction Management Airport Consulting Services (No. 5322)
and where Coffman Associates were selected to provide On -Call Planning & Environmental
services from a selection committee,
WHEREAS, this agreement does not provide a scope of services for any projects other than
allowing said consultant to enter into an Authorization of Services (AOS) for any forthcoming
services involving the Airport Terminal Project, which incorporates the Airport Terminal, the
Emergency Operations Center ("EOC"), and associated landside infrastructure projects such as
intermodal facility design.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby
acknowledged, as follows:
SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to
City services for Airport Terminal Project for on-call planning and environmental services.
City and Consultant shall enter into an Authorization of Service Agreement for each
project. In the event of a conflict, the terms and conditions set forth herein shall prevail
over those set forth in the Authorization of Service Agreement.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Consultant for services rendered pursuant to this Contract in the
manner set forth in Exhibit B, Consultant's Fee Schedule as may be amended and
updated by Consultant from time to time, attached and incorporated herein, at the
times and in the manner set forth in each approved Authorization of Service
Agreement, and each such Authorization of Service Agreement shall be
incorporated herein without further action of the parties being necessary. The
payments specified in the Authorization of Service Agreements shall be the only
payments to be made to Consultant for services rendered pursuant to this Contract.
Consulting and Professional Services Agreement Page 1
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Compensation may be in the form of lump sum payment, or on a time and expense
basis.
B. City shall pay Consultant for services rendered pursuant to this Contract, at the
times and in the manner set forth in each Authorization of Service Agreement. The
payments specified in the Authorization of Service Agreement shall be the only
payment to be made to Consultant for services rendered pursuant to this Contract.
C. All correct, complete and undisputed invoices sent by Consultant to City shall be
paid within thirty (30) calendar days of receipt.
SECTION 3. TERM AND TERMINATION
A. The term of this Contract shall be for five (5) years commencing on the date of this
Agreement. The City shall have the option to extend the contract for one (1) one -
y e a r term. Time is of the essence.
B. Consultant hereby acknowledges and agrees that the obligation of City to pay under
this Contract is contingent upon the availability of City's funds which are
appropriated or allocated by the City Council. Should the funding for the project
and/or work set forth herein not be appropriated or allocated by the City Council,
City may terminate this Agreement by furnishing at least thirty (30) calendar days'
written notice of its intention to terminate. In the event of a termination pursuant to
this subdivision, Consultant shall not be entitled to a remedy of acceleration of
payments due over the term of this Agreement. The Parties acknowledge and agree
that the power to terminate described herein is required by Article 16, Section 18, of
the California Constitution, and that constitutional provision supersedes any law,
rule, regulation or statute which conflicts with the provisions of this Section.
C. In no event shall the termination or expiration of this Contract be construed as a
waiver of any right to seek remedies in law, equity or otherwise for a Party's failure
to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT
A. City shall make its facilities accessible to Consultant as required for Consultant's
performance of its services under this Contract, and, upon request of Consultant,
provide labor and safety equipment as required by Consultant for such access.
B. Unless otherwise agreed to in an Authorization of Service Agreement, City shall
obtain, arrange and pay for all advertisements for bids, plan approvals, permits and
licenses required by local, state or federal authorities associated with the projects.
C. Pursuant to the City's business license ordinance, Consultant shall obtain a City
business license prior to commencing work.
D. Consultant represents and warrants to City that it has all licenses, permits,
Consulting and Professional Services Agreement Page 2
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qualifications and approvals of any nature whatsoever that are legally required for
Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Contract any licenses, permits and approvals that are
legally required for Consultant to practice its profession.
E. Consultant shall, during the entire term of this Contract, be construed to be an
independent contractor and nothing in this Contract is intended, nor shall it be
construed, to create an employer/employee relationship, association, joint venture
relationship, trust or partnership or to allow City to exercise discretion or control
over the professional manner in which Consultant performs under this Contract;
provided, however, that the services to be provided by Consultant shall be provided
in a manner consistent with the professional standards applicable to such services.
The sole interest of the City is to ensure that services are rendered and performed in
a competent, efficient and satisfactory manner. Any and all taxes imposed on
Consultant's income, imposed or assessed by reason of this Contract or its
performance, including but not limited to sales or use taxes, shall be paid by
Consultant. Consultant shall be responsible for any taxes or penalties assessed by
reason of any claims that Consultant is an employee of City. Consultant shall not
be eligible for coverage under City's workers' compensation insurance plan,
benefits under the Public Employee Retirement System or be eligible for any other
City benefit.
F. No provision of this Contract is intended to, or shall be for the benefit of, or
construed to create rights in, or grant remedies to, any person or entity not a party
hereto.
G. No portion of the work or services to be performed under this Contract shall be
assigned, transferred, conveyed or subcontracted without the prior written approval
of City. Consultant may use the services of independent contractors and
subcontractors to perform a portion of its obligations under this Contract with the
prior written approval of City. Independent contractors and subcontractors shall be
provided with a copy of this Contract and Consultant shall have an affirmative duty
to assure that said independent contractors and subcontractors comply with the
same and agree to be bound by its terms. Consultant shall be the responsible party
with respect to all actions of its independent contractors and subcontractors, and
shall obtain such insurance and indemnity provisions from its contractors and
subcontractors as City's Risk Manager shall determine to be necessary.
G. Consultant, at such times and in such form as City may require, shall furnish City
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
H. Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Consulting and Professional Services Agreement Page 3
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Contract and such other records as may be deemed necessary by City to assure
proper accounting for all project funds. These records shall be made available for
audit purposes to state and federal authorities, or any authorized representative of
City. Consultant shall retain such records for three (3) years after the expiration of
this Contract, unless prior permission to destroy them is granted by City.
I. Consultant shall perform all services required pursuant to this Contract in the manner
and according to the standards observed by a competent practitioner of
Consultant's profession. All products of whatsoever nature which Consultant
delivers to City pursuant to this Contract shall be prepared in a professional manner
and conform to the standards of quality normally observed by a person practicing
the profession of Consultant and its agents, employees and subcontractors assigned
to perform the services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including
diskettes, and other materials provided or prepared by Consultant in accordance
with this Contract are the property of City, and may be used by City. City shall
have all intellectual property rights including, but not limited to, copyright and
patent rights, in said documents, computer media, and other materials provided by
Consultant. City shall release, defend, indemnify and hold harmless Consultant
from all claims, costs, expenses, damage or liability arising out of or resulting from
City's use or modification of any reports, data, documents, drawings, specifications
or other work product prepared by Consultant, except for use by City on those
portions of the City's project for which such items were prepared.
K. Consultant, including its employees, agents, and subconsultants, shall not maintain
or acquire any direct or indirect interest that conflicts with the performance of this
Contract. Consultant shall comply with all requirements of the Political Reform
Act (Government Code § 8100 et seq.) and other laws relating to conflicts of
interest, including the following: 1) Consultant shall not make or participate in a
decision made by City if it is reasonably foreseeable that the decision may have a
material effect on Consultant's economic interest, and 2) if required by the City
Attorney, Consultant shall file financial disclosure forms with the City Clerk.
L. Consultant is advised that this Contract creates a "covered transaction" within the
meaning of Title 2 CFR Part 180. By signature herein, Consultant certifies that at
the time it submitted a proposal for the work contemplated herein to the City and at
the time it executes this Contract neither it nor its principals were or are presently
debarred or suspended by any federal department or agency from participation in
the work required herein. Consultant shall comply with Title 2 CFR Part 1200 and
Title 2 CFR Part 180, Subpart C, by administering each lower tier subcontract that
exceeds $25,000 as a "covered transaction". In such cases, prior to execution of
this Contract, Consultant shall certify that each lower tier participant of a "covered
transaction" is not presently debarred or otherwise disqualified from participation in
this federally assisted project.
The Consultant may accomplish this by:
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Checking the System for Award Management at website:
http://www.sam.gov.
2. Collecting a certification statement similar to the Certification set forth in
this Section 4.L.
Inserting a clause or condition in the covered transaction with the lower
tier contract.
Consulting and Professional Services Agreement Page 5
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SECTION 5. INSURANCE
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
Coverage
$g�tiired
Not Required
Commercial General Liability
x
Comprehensive Vehicle Liability
x
Workers' Compensation and Employers' Liability
x
Professional Liability (Errors and Omissions)
x
triace an ..x.. in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG -0001, Commercial General
Liability Insurance, in an amount not less than $1,000,000 per occurrence
and $2,000,000 general aggregate for bodily injury, personal injury and
property damage;
2. Insurance Services Office form number CA -0001 (Ed. 1/87),
Comprehensive Automobile Liability Insurance, which provides for total
limits of not less than $1,000,000 combined single limits per accident
applicable to all owned, non -owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State
of California and Employers' Liability Insurance in an amount not less than
$1,000,000 per occurrence. Both the Workers' Compensation and Employers'
Liability policies shall contain the insurer's waiver of subrogation in favor
of City, its elected officials, officers, employees, agents and volunteers;
4. Professional Liability (Errors and Omissions) Insurance, appropriate to
Consultant's profession, against loss due to error or omission or malpractice
in an amount not less than $1,000,000.
5. The City does not accept insurance certificates or endorsements with the
wording "but only in the event of a named insured's sole negligence" or any
other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its elected officials,
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officers, employees, agents and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claims administration
and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following
provisions:
1. City, its elected officials, officers, employees, and agents are to be covered
as additional insured as respects liability arising out of work or operations
performed by or on behalf of Consultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection
afforded to City, its elected officials, officers, employees, agents and
volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self-insurance maintained by City, its elected officials, officers,
employees, agents and volunteers, shall be in excess of Consultant's
insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Consultant shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state
that coverage shall not be canceled except after thirty (30) calendar days'
prior written notice has been given to City. In addition, Consultant agrees
that it shall not reduce its coverage or limits on any such policy except after
thirty (30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A -VII.
F. Consultant shall designate the City of Redding as a Certificate Holder of the
insurance. Consultant shall furnish City with certificates of insurance and original
endorsements effecting the coverages required by this clause. Certificates and
endorsements shall be furnished to: Risk Management Department, City of
Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by
the insurer to bind coverage on its behalf. All endorsements are to be received and
approved by the City's Risk Manager prior to the commencement of contracted
services. City may withhold payments to Consultant if adequate certificates of
insurance and endorsements required have not been provided, or not been provided
in a timely manner.
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G. The requirements as to the types and limits of insurance coverage to be maintained
by Consultant as required by Section 5 of this Contract, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by Consultant pursuant to this
Contract, including, without limitation, provisions concerning indemnification.
H. If any policy of insurance required by this Section is a "claims made" policy,
pursuant to Code of Civil Procedure § 342 and Government Code § 945.6,
Consultant shall keep said insurance in effect for a period of eighteen (18) months
after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in
connection with the performance of this Contract, Consultant shall immediately
notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3)
calendar days after the event, Consultant shall submit a written report to City's Risk
Manager containing the following information, as applicable: 1) name and address
of injured or deceased person(s); 2) name and address of witnesses; 3) name and
address of Consultant's insurance company; and 4) a detailed description of the
damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2782.8, when the services to be provided
under this Contract are design professional services to be performed by a design
professional, as that term is defined under Section 2782.8, Consultant shall, to the
fullest extent permitted by law, indemnify protect, defend and hold harmless, City,
its elected officials, officers, employees, and agents, and each and every one of
them, from and against all actions, damages, costs, liability, claims, losses, penalties
and expenses (including, but not limited to, reasonable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs) of every type and description to which any or all of them may
be subjected by reason of, or resulting from, directly or indirectly, the negligence,
recklessness, or willful misconduct of Consultant, its officers, employees or agents
in the performance of professional services under this Contract, except when
liability arises due to the sole negligence, active negligence or misconduct of the
City.
B. Other than in the performance of professional services by a design professional,
which is addressed solely by subdivision (A) of this Section, and to the fullest
extent permitted by law, Consultant shall indemnify protect, defend and hold
harmless, City, its elected officials, officers, employees, and agents, and each and
every one of them, from and against all actions, damages, costs, liability, claims,
losses, penalties and expenses (including, but not limited to, reasonable attorney's
fees of the City Attorney or legal counsel retained by City, expert fees, litigation
Consulting and Professional Services Agreement Page 8
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costs, and investigation costs) of every type and description to which any or all of
them may be subjected by reason of the performance of the services required under
this Contract by Consultant its officers, employees or agents in the performance of
professional services under this Contract, except when liability arises due to the sole
negligence, active negligence or misconduct of the City.
C. The Consultant's obligation to defend, indemnify and hold harmless shall not be
excused because of the Consultant's inability to evaluate liability. The Consultant
shall respond within thirty (30) calendar days to the tender of any claim for defense
and indemnity by the City, unless this time has been extended in writing by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity in
writing delivered to City within thirty (30) calendar days, in addition to any other
remedy authorized by law, the City may withhold such funds the City reasonably
considers necessary for its defense and indemnity until disposition has been made
of the claim or until the Consultant accepts or rejects the tender of defense in
writing delivered to the City, whichever occurs first. This subdivision shall not be
construed to excuse the prompt and continued performance of the duties required of
Consultant herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits of said insurance policies do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by
Consultant pursuant to this Section to represent City's interests. City shall be
reimbursed for all costs and attorney's fees incurred by City in enforcing the
obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES
A. This Contract shall be deemed to have been entered into in Redding, California. All
questions regarding the validity, interpretation or performance of any of its terms or
of any rights or obligations of the parties to this Contract shall be governed by
California law. If any claim, at law or otherwise, is made by either party to this
Contract, the prevailing party shall be entitled to its costs and reasonable attorneys'
fees.
B. This document, including all exhibits, and the Authorization of Service Agreements
to be adopted hereafter, contain the entire agreement between the parties and
supersedes whatever oral or written understanding each may have had prior to the
execution of this Contract. This Contract shall not be altered, amended or modified
except by a writing signed by City and Consultant. No verbal agreement or
conversation with any official, officer, agent or employee of City, either before,
during or after the execution of this Contract, shall affect or modify any of the terms
Consulting and Professional Services Agreement Page 9
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or conditions contained in this Contract, nor shall any such verbal agreement or
conversation entitle Consultant to any additional payment whatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be
waived except by the written consent of City. Forbearance or indulgence by City in
any regard whatsoever shall not constitute a waiver of the covenant or condition in
question. Until performance by Consultant of said covenant or condition is
complete, City shall be entitled to invoke any remedy available to City under this
Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this
Contract shall not be affected thereby and shall be enforced to the greatest extent
permitted by law. .
E. The headings in this Contract are inserted for convenience only and shall not
constitute a part hereof. A waiver of any party of any provision or a breach of this
Contract must be provided in writing, and shall not be construed as a waiver of any
other provision or any succeeding breach of the same or any other provisions
herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent, effect and consequence relating thereto. Each Party further declares
and represents that this Contract is made without reliance upon any statement or
representation not contained herein of any other Party or any representative, agent
or attorney of the other Party. The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms, and
conditions of this Contract and that the decision of whether or not to seek the advice
of counsel with respect to this Contract is a decision which is the sole responsibility
of each of the Parties. Accordingly, no party shall be deemed to have been the
drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts
are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by
jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at
law or in equity, arising out of or in any way related to this Agreement or the
transactions contemplated hereby. Each Party further waives any right to
consolidate any action which a jury trial has been waived with any other action in
which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this
Contract and those of any exhibit or attachment hereto, the terms and conditions set
forth in the body of this Contract proper shall prevail. In the event of a conflict
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between the terms and conditions of any two or more exhibits or attachments
hereto, those prepared by City shall prevail over those prepared by Consultant.
SECTION 8. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive
termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal,
state and local governments.
B. In the performance of this Contract, Consultant shall not discriminate against any
employee or applicant for employment because of race, color, ancestry, national
origin, religious creed, sex, sexual orientation, disability, age, marital status, political
affiliation, or membership or nonmembership in any organization. Consultant shall
take affirmative action to ensure applicants are employed and that employees are
treated during their employment without regard to their race, color, ancestry, national
origin, religious creed, sex, sexual orientation, disability, age, marital status, political
affiliation, or membership or nonmembership in any organization. Such actions 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.
SECTION 10. FEDERAL REQUIREMENTS
A. During the performance of the duties set forth in this contact, as more
specifically set forth in each Authorization of Service, Consultant, for itself, its
assignees, and successors in interest, shall comply with all of the terms and
conditions set forth in Exhibit A, attached and incorporated herein.
SECTION 11. REPRESENTATIVES
A. City's representative for this Contract is Ken Griggs, Assistant Airports Manager,
email k riggs(cr�,cityofredding.org, telephone number (530) 221-4321, cell number
(530) 524-4862. All of Consultant's questions pertaining to this Contract shall be
referred to the above-named person, or to the representative's designee.
B. Consultant's representative for this Contract is Matt Quick, Project Manager, email
mquick(a,coffmanassociates.com, telephone number (602) 993-6999, cell number
(816) 876-1004. All of City's questions pertaining to this Contract shall be referred
to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required
herein.
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SECTION 12. NOTICES
A. All notices, requests, demands and other communications hereunder shall be
deemed given only if in writing signed by an authorized representative of the sender
(may be other than the representatives referred to in Section 10) and delivered by
facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a
courier or an express service guaranteeing overnight delivery to the receiving party,
addressed to the respective parties as follows:
To City:
To Consultant:
Redding Regional Airport Coffman Associates
Attn: Ken Griggs, Asst Airports Manager Attn: Matt Quick, Project Manager
6751 Woodrum Circle 4200 4835 E. Cactus Rd., Suite #235
Redding, CA 96002 Scottsdale, AZ 85254
B. Either party may change its address for the purposes of this paragraph by giving
written notice of such change to the other party in the manner provided in this
Section.
C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days
after mailing or transmission by facsimile, whichever is earlier.
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are
authorized to execute this Contract on behalf of the respective parties to this
Contract; that they have full right, power and lawful authority to undertake all
obligations as provided in this Contract; and that the execution, performance and
delivery of this Contract by said signatories has been fully authorized by all requisite
actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the
Department Director having direct responsibility for managing the services
provided herein shall have authority to execute any amendment to this Contract
which does not increase the amount of compensation allowable to Consultant or
otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
Consulting and Professional Services Agreement Page 12
Rev. 6/15
IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and
year set forth below:
Dated: , 2024
CITY OF REDDING,
A Municipal Corporation
By: Tenessa Audette
Mayor
ATTEST: APPROVED AS TO FORM:
PAMELA MIZE, City Clerk
Dated: January 9 , 2024
Attachments — Exhibit A
Exhibit B
Christian Curtis
City Attorney
an
CONSULTANT
Coffman Associates
By: Matt Quick
Tax ID No.: 43-1201450
Consulting and Professional Services Agreement Page 13
Rev. 6/15
Exhibit `A'
Required Federal Contract Provisions
Consultants acknowledges that City is subject to Federal Grant Agreement obligations as a
condition precedent to the granting of federal funds for improvements to the Airport, and,
accordingly, Consultant agrees to, and agrees to be bound by, the following covenants
provided by the Federal Aviation Administration as they may apply to Consultant.
A. Access to Records and Reports (Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA
Order 5100.38). The Consultant must maintain an acceptable cost accounting system. The
Consultant agrees to provide the City, 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 Consultant which are directly
pertinent to the specific contract for the purpose of making audit, examination, excerpts,
and transcriptions. The Consultant agrees to maintain all books, records, and reports
required under this contract for a period of not less than three years after final payment is
made and all pending matters are closed.
B. Breach of Contract Terms (Reference: 2 CFR § 200 Appendix 11(A)). Any
violation or breach of terms of this contract on the part of the Consultant or its
subconsultants 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.
City will provide Consultant written notice that describes the nature of the breach
and corrective actions the Consultant must undertake in order to avoid termination
of the contract. City reserves the right to withhold payments to Consultant until
such time the Consultant corrects the breach or the City elects to terminate the
contract. The City's notice will identify a specific date by which the Consultant
must correct the breach. City may proceed with termination of the contract if the
Consultant fails to correct the breach by deadline indicated in the City's notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
C. Civil Rights - General (Reference: 49 USC§ 47123)
GENERAL CIVIL RIGHTS PROVISIONS
The Consultant 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.
Exhibit `A'
This provision binds the Consultant 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.
D. Civil Rights - Title VI Assurances (49 USC§ 47123, FAA Order 1400.11)
Title VI Solicitation Notice. The City, 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.
Title VI Clauses for Compliance with Nondiscrimination Requirements. During the
performance of this contract, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Consultant") agrees as follows:
a. Compliance with Regulations: The Consultant will comply with the Title VI List
of Pertinent Nondiscrimination Statutes and Authorities, as they may be
amended from time to time, which are herein incorporated by reference and
made a part of this contract.
b. Non-discrimination: The Consultant, 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 subconsultants, including
procurements of materials and leases of equipment. The Consultant will not
participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the contract covers
any activity, project, or program set forth in Appendix B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the Consultant for work to be performed under a subcontract,
including procurements of materials, or leases ofequipment, each potential
subconsultant or supplier will be notified by the Consultant of the
Consultant's obligations under this contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, or
national origin.
d. Information and Reports: The Consultant 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 City or the Federal
Aviation Administration to be pertinent to ascertain compliance with such
Exhibit `A'
Acts, Regulations, and instructions. Where any information required of a
Consultant is in the exclusive possession of another who fails or refuses to
furnish the information, the Consultant will so certify to the City or the
Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
Sanctions for Noncompliance: in the event of a CONSULTANT'S non-
compliance with the Non-discrimination provisions of this contract, the City
will impose such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including, but not limited to:
Withholding payments to the Consultant under the contract until the
Consultant complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or in part.
f Incorporation of Provisions: The Consultant 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 Consultant will take
action with respect to any subcontract or procurement as the City or the
Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the
Consultant becomes involved in, or is threatened with litigation by a
subconsultant, or supplier because of such direction, the Consultant may
request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into
the litigation to protect the interests of the United States.
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 § 460 1) (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);
Exhibit `A'
• 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);
• 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).
E. 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 § 740-7671 q) and the Federal Water Pollution Control Act as amended
(33 USC § 1251-1387). The Contractor agrees to report any violation to the City
immediately upon discovery. The City 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.
F. DAVIS-BACON REQUIREMENTS
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
Exhibit `A'
subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalent thereof)
due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of paragraph (1)(iv) of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided that
the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under (1)(ii) of this section) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor
and its subcontractors at the site of the work in a prominent and accessible place
where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(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
Exhibit `A'
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 Cities and Airport Improvement Program
Projects Issued on June 19, 2018 Page 31 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 City 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
Exhibit `A'
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 City, 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
I (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
I(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 Cities and Airport Improvement Program
Projects Issued on June 19, 2018 Page 32 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,
City, 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.
Exhibit `A'
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 City, 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
City.
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the Contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to
be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is
being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is
correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in
Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the contract
(C) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH -347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph (3)(ii)(B)
of this section.
(D) The falsification of any of the above certifications may subject the
Contractor or subcontractor to civil or criminal prosecution under Section
Exhibit `A'
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 City, 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 City, 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
Exhibit `A'
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employment
and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved
by the Employment and Training Administration. Every trainee must
be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination that provides for less
than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate that is not registered and participating in a
training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for
the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
Exhibit `A'
(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
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
Exhibit `A'
awarded Government contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 USC 1001.
G. 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.
CERTIFICATION OF LOWER TIER CONSULTANTS 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:
a. Checking the System for Award Management at website: http://www.sam.�zov
b. Collecting a certification statement similar to the Certificate
Regarding Debarment and Suspension (Bidder or Offeror),
above.
c. Inserting a clause or condition in the covered transaction with the lower tier
contract.
If the FAA later determines that a lower tier participant failed to
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.
H. Disadvantaged Business Enterprises (Reference: 49 CFR PART 26)
The City's award of this contract is conditioned upon Bidder or Offeror satisfying
the good faith effort requirements of 49 CFR §26.53.
Exhibit `A'
As a condition of bid responsiveness, the Bidder or Offeror must
submit the following information with its proposal on the forms
provided herein:
a. The names and addresses of Disadvantaged Business
Enterprise (DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform;
c. The dollar amount of the participation of each DBE firm listed under (1)
d. Written statement from Bidder or Offeror that attests their
commitment to use the DBE firm(s) listed under (1) to meet
the City's project goal; and
e. 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 City'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.
a. The names and addresses of Disadvantaged Business
Enterprise (DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform;
c. The dollar amount of the participation of each DBE firm listed
under (1)
d. Written statement from Bidder or Offeror that attests their
commitment to use the DBE firm(s) listed under (1) to meet
the City's project goal; and
e. 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.
Exhibit `A'
Solicitation Language (Race/Gender Neutral Means). The
requirements of 49 CFRpart 26 apply to this contract. It is the
policy of the City, to practice nondiscrimination based on race,
color, sex, or national origin in the award or performance of
this contract. The City encourages participation by all firms
qualifying under this solicitation regardless of business size or
ownership.
Prime Contracts (Projects covered by 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 City deems appropriate, which may include, but is not
limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. 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 seven (7) days from the receipt of each
payment the prime contractor receives from City. The prime
contractor agrees further to return retainage payments to each
subcontractor within seven (7) 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. This clause applies to
both DBE and non -DBE subcontractors.
Distracted Driving (Reference: Executive Order 13513, DOT Order 3902.10)
Exhibit `A'
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 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 sub -grant.
In support of this initiative, the City encourages the Consultant 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
Consultant must include the substance of this clause in all sub -tier contracts
exceeding $3,500 and involve driving a motor vehicle in performance of work
activities associated with the project.
J. Energy Conservation Requirements (2 CFR § 200, Appendix 11(H)).
Consultant and subconsultant 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 U.S.C. 620let seq).
K. Federal Fair Labor Standards Act (Minimum Wage) (Reference: 29 USC § 201, ET
SEQ.). 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 Consultant has full responsibility to monitor compliance to the referenced
statute or regulation. The Consultant must address any claims or disputes that arise
from this requirement directly with the U.S. Department of Labor - Wage and
Hour Division.
L. Foreign Trade Restriction Certification (Reference: 49 USC § 50104, 49 CFR Part
30). The by submission of an offer, the Offeror certifies that with respect to this
solicitation and any resultant contract, the Offeror -
a. is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S. firms as published by the
Office of the United States Trade Representative (U.S.T.R.);
b. 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 U.S.T.R; and
Exhibit 'A'
c. has not entered into any subcontract for any product to be used on the Federal on
the PROJECT that is produced in a foreign country included on the list of
countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
The Offeror/CONSULTANT must provide immediate written notice to the
CITY if the Offeror/CONSULTANT learns that its certification or that of a
subconsultant was erroneous when submitted or has become erroneous by reason
of changed circumstances. The CONSULTANT must require subconsultants
provide immediate written notice to the CONSULTANT 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 subconsultant:
a. 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 U.S.T.R. or
b. whose subconsultants are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
c. who incorporates in the public works PROJECT any product of a foreign
country on such U.S.T.R. 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 CONSULTANT 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
CONSULTANT may rely on the certification of a prospective
subconsultant 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 U.S.T.R, unless the Offeror has knowledge that the
certification is erroneous.
Exhibit `A'
This certification is a material representation of fact upon which
reliance was placed when making an award. If it is later
determined that the CONSULTANT or subconsultant knowingly
rendered an erroneous certification, the Federal Aviation
Administration may direct through the CITY cancellation of the
contract or subcontract for default at no cost to the CITY or the
FAA.
M. Lobbying and Influencing Federal Employees (Reference: 31 U.S.C. §
1352- Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix
11(J) 49 CFR part 20, Appendix A)
The bidder or offeror certifies by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
a. 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.
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.
c. 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, sub -grants, and contracts under grants,
loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
Exhibit `A'
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
N. Occupational Safety and Health Act of 1970 (Reference: 20 CFR part
1910). All contracts and subcontracts that result from this solicitation
incorporate by reference the requirements of 29 CFR Part 1910 with
the same force and effect as if given in full text. CONSULTANT must
provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee. The
CONSULTANT retains full responsibility to monitor its compliance
and their subconsultant's compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
CONSULTANT 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.
O. Certification of Offeror/Bidder regarding Tax Delinquency and Felony
Convictions (Reference: Sections 415 and 416 of Title IV, Division L of
the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) & DOT
Order 4200.6 - Requirements for Procurement and Non -Procurement
The applicant must complete the following two certification
statements. The applicant must indicate its current status as it relates
to tax delinquency and felony conviction by inserting a checkmark ( )
in the space following the applicable response. The applicant agrees
that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification in all lower tier
subcontracts.
Note
Certifications
�) The applicant represents that it is ( ) 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 ( ) is not ( ) is not a corporation
that was convicted of a criminal violation under any Federal law
within the preceding 24 months.
If an applicant responds in the affirmative to either of the
above representations, the applicant is ineligible to receive an
award unless the City has received notification from the agency
Exhibit `A'
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 City about its tax liability or conviction to the City, who
will then notify the FAA Airports District Office, which will
then notify the agency's SDO to facilitate completion of the
required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within
the preceding twenty-four (24) months of a felony criminal
violation under any Federal law and includes conviction of an
offense defined in a section of the U.S. code that specifically
classifies the offense as a felony and conviction of an offense that
is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
P. Termination of Contract (Reference: 2 CFR § 200 Appendix 11(B), FAA
Advisory Circular 150/5370-10, Section 80-09)
TERMINATION FOR CONVENIENCE
The CITY 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 CITY, the
CONSULTANT must immediately discontinue all services affected.
Upon termination of the Agreement, the CONSULTANT must
deliver to the CITY all data, surveys, models, drawings,
specifications, reports, maps, photographs, estimates, summaries,
and other documents and materials prepared by the
CONSULTANT under this contract, whether complete or partially
complete.
CITY 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.
Exhibit `A'
CITY further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
Termination for Default (Professional Services)
Either party may terminate this Agreement for cause if the other
parry 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 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 CITY: The CITY 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 CITY approved extension;
2. Make adequate progress so as to endanger satisfactory
performance of thePROJECT;
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 CITY all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the
CONSULTANT under this contract, whether complete or partially
complete.
CITY 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-
Exhibit `A'
performed services.
CITY 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 CITY determines
the CONSULTANT was not in default of the Agreement, the rights
and obligations of the parties shall be the same as if the CITY
issued the termination for the convenience of the CITY.
a. Termination by Consultant: The CONSULTANT may terminate
this Agreement in whole or in part, if the CITY:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
Suspends the PROJECT for more than [180] days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, CITY
agrees to cooperate with CONSULTANT for the purpose of terminating the
agreement or portion thereof, by mutual consent. If CITY 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 CITY's breach of the contract.
In the event of termination due to CITY breach, the CONSULTANT is
entitled to invoice CITY 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. CITY agrees to hold CONSULTANT
harmless for errors or omissions in documents that are incomplete as a
result of the termination action under this clause.
Veteran's Preference (Reference: 49 USC§ 47112(c)). In the employment of labor (excluding
executive, administrative, and supervisory positions), the CONSULTANT and all sub -tier
CONSULTANTS 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 U. S.C. 632) owned and controlled by disabled veterans. This preference only
applies when there are covered veterans readily available and qualified to perform the work
to which the employment relates.
COFFMAN ASSOCIATES, INC. Exhibit
FEE SCHEDULE *
January 1, 2024 — December 31, 2024
Employee Category Hourly Rate
Principal-In-Charge........................................................................................................................ $308.00
Senior Professional/Project Manager........................................................................................... $294.00
Professional................................................................................................................................... $170.00
Technical/Support ......................................................................................................................... $118.00
Employee Category Daily Rate
Principal-In-Charge....................................................................................................................... $2,464.00
Senior Professional/Project Manager.......................................................................................... $2,272.00
Professional................................................................................................................................. $1,360.00
Technical/Support....................................................................................................................... $944.00
* This Fee Schedule shall be in effect until December 31, 2024. Following this date, a new Fee Schedule
will be submitted.
CITY OF REDDING
CONSULTING AND PROFESSIONAL MASTER SERVICES
AGREEMENT
THIS CONTRACT is made at Redding, California, by and between the City of Redding
("City"), a municipal corporation, and Mead & Hunt, Inc. ("Consultant") whose address is 1360
19th Hole Drive, Suite 200, Windsor, CA 95492 for the purpose of providing On -Call Grant
Administration, Architectural/Engineering and Construction Management consulting services for the
City of Redding Airports Division.
WHEREAS, City does not have sufficient personnel to perform the services required herein
thereby necessitating this Contract for personal services.
WHEREAS, on March 23`d, 2023, three proposals were received in response for a Request for
Qualifications (RFQ) for On -Call Grant Administration; Architectural/Engineering; Planning; and
Construction Management Airport Consulting Services (No. 5322) and where Mead & Hunt were
selected to provide On -Call Grant Administration: Architectural/Engineering and Construction
Management services from a selection committee,
WHEREAS, this agreement does not provide a scope of services for any projects other than
allowing said consultant to enter into an Authorization of Services (AOS) for any forthcoming
services involving the Airport Terminal Project Construction Management project, which
incorporates the Airport Terminal, the Emergency Operations Center ("EOC"), and associated
landside infrastructure projects such as intermodal facility design.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby
acknowledged, as follows:
SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to
City services for Airport Terminal Project Construction Management for on-call grant
administration, architectural/engineering and construction management services. City and
Consultant shall enter into an Authorization of Service Agreement for each project. In the
event of a conflict, the terms and conditions set forth herein shall prevail over those set
forth in the Authorization of Service Agreement.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Consultant for services rendered pursuant to this Contract in the
manner set forth in Exhibit B, Consultant's Fee Schedule as may be amended and
updated by Consultant from time to time, attached and incorporated attached and
incorporated herein, at the times and in the manner set forth in each approved
Authorization of Service Agreement, and each such Authorization of Service
Agreement shall be incorporated herein without further action of the parties
Consulting and Professional Services Agreement Page 1
Rev. 6/15
being necessary. The payments specified in the Authorization of Service
Agreements shall be the only payments to be made to Consultant for services
rendered pursuant to this Contract. Compensation may be in the form of lump sum
payment, or on a time and expense basis.
B. City shall pay Consultant for services rendered pursuant to this Contract, at the
times and in the manner set forth in each Authorization of Service Agreement. The
payments specified in the Authorization of Service Agreement shall be the only
payment to be made to Consultant for services rendered pursuant to this Contract.
C. All correct, complete and undisputed invoices sent by Consultant to City shall be
paid within thirty (30) calendar days of receipt.
SECTION 3. TERM AND TERMINATION
A. The term of this Contract shall be for five (5) years commencing on the date of this
Agreement. The City shall have the option to extend the contract for one (1) one-
year term. Time is of the essence.
B. Consultant hereby acknowledges and agrees that the obligation of City to pay under
this Contract is contingent upon the availability of City's funds which are
appropriated or allocated by the City Council. Should the funding for the project
and/or work set forth herein not be appropriated or allocated by the City Council,
City may terminate this Agreement by furnishing at least thirty (30) calendar days'
written notice of its intention to terminate. In the event of a termination pursuant to
this subdivision, Consultant shall not be entitled to a remedy of acceleration of
payments due over the term of this Agreement. The Parties acknowledge and agree
that the power to terminate described herein is required by Article 16, Section 18, of
the California Constitution, and that constitutional provision supersedes any law,
rule, regulation or statute which conflicts with the provisions of this Section.
C. In no event shall the termination or expiration of this Contract be construed as a
waiver of any right to seek remedies in law, equity or otherwise for a Party's failure
to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT
A. City shall make its facilities accessible to Consultant as required for Consultant's
performance of its services under this Contract, and, upon request of Consultant,
provide labor and safety equipment as required by Consultant for such access.
B. Unless otherwise agreed to in an Authorization of Service Agreement, City shall
obtain, arrange and pay for all advertisements for bids, plan approvals, permits and
licenses required by local, state or federal authorities associated with the projects.
C. Pursuant to the City's business license ordinance, Consultant shall obtain a City
business license prior to commencing work.
Consulting and Professional Services Agreement Page 2
Rev. 6/15
D. Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of any nature whatsoever that are legally required for
Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Contract any licenses, permits and approvals that are
legally required for Consultant to practice its profession.
E. Consultant shall, during the entire term of this Contract, be construed to be an
independent contractor and nothing in this Contract is intended, nor shall it be
construed, to create an employer/employee relationship, association, joint venture
relationship, trust or partnership or to allow City to exercise discretion or control
over the professional manner in which Consultant performs under this Contract;
provided, however, that the services to be provided by Consultant shall be provided
in a manner consistent with the professional standards applicable to such services.
The sole interest of the City is to ensure that services are rendered and performed in
a competent, efficient and satisfactory manner. Any and all taxes imposed on
Consultant's income, imposed or assessed by reason of this Contract or its
performance, including but not limited to sales or use taxes, shall be paid by
Consultant. Consultant shall be responsible for any taxes or penalties assessed by
reason of any claims that Consultant is an employee of City. Consultant shall not
be eligible for coverage under City's workers' compensation insurance plan,
benefits under the Public Employee Retirement System or be eligible for any other
City benefit.
F. No provision of this Contract is intended to, or shall be for the benefit of, or
construed to create rights in, or grant remedies to, any person or entity not a party
hereto.
G. No portion of the work or services to be performed under this Contract shall be
assigned, transferred, conveyed or subcontracted without the prior written approval
of City. Consultant may use the services of independent contractors and
subcontractors to perform a portion of its obligations under this Contract with the
prior written approval of City. Independent contractors and subcontractors shall be
provided with a copy of this Contract and Consultant shall have an affirmative duty
to assure that said independent contractors and subcontractors comply with the
same and agree to be bound by its terms. Consultant shall be the responsible party
with respect to all actions of its independent contractors and subcontractors, and
shall obtain such insurance and indemnity provisions from its contractors and
subcontractors as City's Risk Manager shall determine to be necessary.
G. Consultant, at such times and in such form as City may require, shall furnish City
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
Consulting and Professional Services Agreement Page 3
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H. Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Contract and such other records as may be deemed necessary by City to assure
proper accounting for all project funds. These records shall be made available for
audit purposes to state and federal authorities, or any authorized representative of
City. Consultant shall retain such records for three (3) years after the expiration of
this Contract, unless prior permission to destroy them is granted by City.
I. Consultant shall perform all services required pursuant to this Contract in the manner
and according to the standards observed by a competent practitioner of
Consultant's profession. All products of whatsoever nature which Consultant
delivers to City pursuant to this Contract shall be prepared in a professional manner
and conform to the standards of quality normally observed by a person practicing
the profession of Consultant and its agents, employees and subcontractors assigned
to perform the services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including
diskettes, and other materials provided or prepared by Consultant in accordance
with this Contract are the property of City, and may be used by City. City shall
have all intellectual property rights including, but not limited to, copyright and
patent rights, in said documents, computer media, and other materials provided by
Consultant. City shall release, defend, indemnify and hold harmless Consultant
from all claims, costs, expenses, damage or liability arising out of or resulting from
City's use or modification of any reports, data, documents, drawings, specifications
or other work product prepared by Consultant, except for use by City on those
portions of the City's project for which such items were prepared.
K. Consultant, including its employees, agents, and subconsultants, shall not maintain
or acquire any direct or indirect interest that conflicts with the performance of this
Contract. Consultant shall comply with all requirements of the Political Reform
Act (Government Code § 8100 et seq.) and other laws relating to conflicts of
interest, including the following: 1) Consultant shall not make or participate in a
decision made by City if it is reasonably foreseeable that the decision may have a
material effect on Consultant's economic interest, and 2) if required by the City
Attorney, Consultant shall file financial disclosure forms with the City Clerk.
L. Consultant is advised that this Contract creates a "covered transaction" within the
meaning of Title 2 CFR Part 180. By signature herein, Consultant certifies that at
the time it submitted a proposal for the work contemplated herein to the City and at
the time it executes this Contract neither it nor its principals were or are presently
debarred or suspended by any federal department or agency from participation in
the work required herein. Consultant shall comply with Title 2 CFR Part 1200 and
Title 2 CFR Part 180, Subpart C, by administering each lower tier subcontract that
exceeds $25,000 as a "covered transaction". In such cases, prior to execution of
this Contract, Consultant shall certify that each lower tier participant of a "covered
transaction" is not presently debarred or otherwise disqualified from participation in
this federally assisted proiect.
Consulting and Professional Services Agreement Page 4
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The Consultant may accomplish this by:
Checking the System for Award Management at website:
http://www.sam.gov.
2. Collecting a certification statement similar to the Certification set forth in
this Section 4.L.
3. Inserting a clause or condition in the covered transaction with the lower
tier contract.
Consulting and Professional Services Agreement Page 5
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SECTION 5. INSURANCE
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
C4Yerag&
Rewired
Not Re uired
Commercial General Liability
x
Comprehensive Vehicle Liability
x
Workers' Compensation and Employers' Liability
x
Professional Liability (Errors and Omissions)
x
krlace an "x" in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG -0001, Commercial General
Liability Insurance, in an amount not less than $1,000,000 per occurrence
and $2,000,000 general aggregate for bodily injury, personal injury and
property damage;
2. Insurance Services Office form number CA -0001 (Ed. 1/87),
Comprehensive Automobile Liability Insurance, which provides for total
limits of not less than $1,000,000 combined single limits per accident
applicable to all owned, non -owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State
of California and Employers' Liability Insurance in an amount not less than
$1,000,000 per occurrence. Both the Workers' Compensation and Employers'
Liability policies shall contain the insurer's waiver of subrogation in favor
of City, its elected officials, officers, employees, agents and volunteers;
4. Professional Liability (Errors and Omissions) Insurance, appropriate to
Consultant's profession, against loss due to error or omission or malpractice
in an amount not less than $1,000,000.
5. The City does not accept insurance certificates or endorsements with the
wording "but only in the event of a named insured's sole negligence" or any
other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its elected officials,
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officers, employees, agents and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claims administration
and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following
provisions:
1. City, its elected officials, officers, employees, and agents are to be covered
as additional insured as respects liability arising out of work or operations
performed by or on behalf of Consultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection
afforded to City, its elected officials, officers, employees, agents and
volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self-insurance maintained by City, its elected officials, officers,
employees, agents and volunteers, shall be in excess of Consultant's
insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Consultant shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state
that coverage shall not be canceled except after thirty (30) calendar days'
prior written notice has been given to City. In addition, Consultant agrees
that it shall not reduce its coverage or limits on any such policy except after
thirty (30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A -VII.
F. Consultant shall designate the City of Redding as a Certificate Holder of the
insurance. Consultant shall furnish City with certificates of insurance and original
endorsements effecting the coverages required by this clause. Certificates and
endorsements shall be furnished to: Risk Management Department, City of
Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by
the insurer to bind coverage on its behalf. All endorsements are to be received and
approved by the City's Risk Manager prior to the commencement of contracted
services. City may withhold payments to Consultant if adequate certificates of
insurance and endorsements required have not been provided, or not been provided
in a timely manner.
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G. The requirements as to the types and limits of insurance coverage to be maintained
by Consultant as required by Section 5 of this Contract, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by Consultant pursuant to this
Contract, including, without limitation, provisions concerning indemnification.
H. If any policy of insurance required by this Section is a "claims made" policy,
pursuant to Code of Civil Procedure § 342 and Government Code § 945.6,
Consultant shall keep said insurance in effect for a period of eighteen (18) months
after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in
connection with the performance of this Contract, Consultant shall immediately
notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3)
calendar days after the event, Consultant shall submit a written report to City's Risk
Manager containing the following information, as applicable: 1) name and address
of injured or deceased person(s); 2) name and address of witnesses; 3) name and
address of Consultant's insurance company; and 4) a detailed description of the
damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2782.8, when the services to be provided
under this Contract are design professional services to be performed by a design
professional, as that term is defined under Section 2782.8, Consultant shall, to the
fullest extent permitted by law, indemnify protect, defend and hold harmless, City,
its elected officials, officers, employees, and agents, and each and every one of
them, from and against all actions, damages, costs, liability, claims, losses, penalties
and expenses (including, but not limited to, reasonable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs) of every type and description to which any or all of them may
be subjected by reason of, or resulting from, directly or indirectly, the negligence,
recklessness, or willful misconduct of Consultant, its officers, employees or agents
in the performance of professional services under this Contract, except when
liability arises due to the sole negligence, active negligence or misconduct of the
City.
B. Other than in the performance of professional services by a design professional,
which is addressed solely by subdivision (A) of this Section, and to the fullest
extent permitted by law, Consultant shall indemnify protect, defend and hold
harmless, City, its elected officials, officers, employees, and agents, and each and
every one of them, from and against all actions, damages, costs, liability, claims,
losses, penalties and expenses (including, but not limited to, reasonable attorney's
fees of the City Attorney or legal counsel retained by City, expert fees, litigation
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costs, and investigation costs) of every type and description to which any or all of
them may be subjected by reason of the performance of the services required under
this Contract by Consultant its officers, employees or agents in the performance of
professional services under this Contract, except when liability arises due to the sole
negligence, active negligence or misconduct of the City.
C. The Consultant's obligation to defend, indemnify and hold harmless shall not be
excused because of the Consultant's inability to evaluate liability. The Consultant
shall respond within thirty (30) calendar days to the tender of any claim for defense
and indemnity by the City, unless this time has been extended in writing by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity in
writing delivered to City within thirty (30) calendar days, in addition to any other
remedy authorized by law, the City may withhold such funds the City reasonably
considers necessary for its defense and indemnity until disposition has been made
of the claim or until the Consultant accepts or rejects the tender of defense in
writing delivered to the City, whichever occurs first. This subdivision shall not be
construed to excuse the prompt and continued performance of the duties required of
Consultant herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits of said insurance policies do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by
Consultant pursuant to this Section to represent City's interests. City shall be
reimbursed for all costs and attorney's fees incurred by City in enforcing the
obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES
A. This Contract shall be deemed to have been entered into in Redding, California. All
questions regarding the validity, interpretation or performance of any of its terms or
of any rights or obligations of the parties to this Contract shall be governed by
California law. If any claim, at law or otherwise, is made by either party to this
Contract, the prevailing party shall be entitled to its costs and reasonable attorneys'
fees.
B. This document, including all exhibits, and the Authorization of Service Agreements
to be adopted hereafter, contain the entire agreement between the parties and
supersedes whatever oral or written understanding each may have had prior to the
execution of this Contract. This Contract shall not be altered, amended or modified
except by a writing signed by City and Consultant. No verbal agreement or
conversation with any official, officer, agent or employee of City, either before,
during or after the execution of this Contract, shall affect or modify any of the terms
Consulting and Professional Services Agreement Page 9
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or conditions contained in this Contract, nor shall any such verbal agreement or
conversation entitle Consultant to any additional payment whatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be
waived except by the written consent of City. Forbearance or indulgence by City in
any regard whatsoever shall not constitute a waiver of the covenant or condition in
question. Until performance by Consultant of said covenant or condition is
complete, City shall be entitled to invoke any remedy available to City under this
Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this
Contract shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not
constitute a part hereof. A waiver of any party of any provision or a breach of this
Contract must be provided in writing, and shall not be construed as a waiver of any
other provision or any succeeding breach of the same or any other provisions
herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent, effect and consequence relating thereto. Each Party further declares
and represents that this Contract is made without reliance upon any statement or
representation not contained herein of any other Party or any representative, agent
or attorney of the other Party. The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms, and
conditions of this Contract and that the decision of whether or not to seek the advice
of counsel with respect to this Contract is a decision which is the sole responsibility
of each of the Parties. Accordingly, no party shall be deemed to have been the
drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts
are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by
jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at
law or in equity, arising out of or in any way related to this Agreement or the
transactions contemplated hereby. Each Party further waives any right to
consolidate any action which a jury trial has been waived with any other action in
which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this
Contract and those of any exhibit or attachment hereto, the terms and conditions set
forth in the body of this Contract proper shall prevail. In the event of a conflict
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between the terms and conditions of any two or more exhibits or attachments
hereto, those prepared by City shall prevail over those prepared by Consultant.
SECTION 8. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive
termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal,
state and local governments.
B. In the performance of this Contract, Consultant shall not discriminate against any
employee or applicant for employment because of race, color, ancestry, national
origin, religious creed, sex, sexual orientation, disability, age, marital status, political
affiliation, or membership or nonmembership in any organization. Consultant shall
take affirmative action to ensure applicants are employed and that employees are
treated during their employment without regard to their race, color, ancestry, national
origin, religious creed, sex, sexual orientation, disability, age, marital status, political
affiliation, or membership or nonmembership in any organization. Such actions 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.
SECTION 10. FEDERAL REQUIREMENTS
A. During the performance of the duties set forth in this Contract, as more specifically
set forth in each Authorization of Service, Consultant, for itself, its assignees, and
successors in interest, shall comply with all of the terms and conditions set forth in
Exhibit A, attached and incorporated herein.
SECTION 11. REPRESENTATIVES
A. City's representative for this Contract is Ken Griggs, Assistant Airports Manager,
email k riggsncilyofredding.org, telephone number (530) 221-4321, cell number
(530) 524-4862. All of Consultant's questions pertaining to this Contract shall be
referred to the above-named person, or to the representative's designee.
B. Consultant's representative for this Contract is Jeff Leonard, Project Manager, email
jeff.leonard@meadhunt.com, telephone number ( 707) 284-8676, cell number (707)
280-3115. All of City's questions pertaining to this Contract shall be referred to the
above-named person.
C. The representatives set forth herein shall have authority to give all notices required
herein.
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SECTION 12. NOTICES
A. All notices, requests, demands and other communications hereunder shall be
deemed given only if in writing signed by an authorized representative of the sender
(may be other than the representatives referred to in Section 10) and delivered by
facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a
courier or an express service guaranteeing overnight delivery to the receiving party,
addressed to the respective parties as follows:
To City:
To Consultant:
Redding Regional Airport Mead & Hunt, Inc.
Attn: Ken Griggs, Asst Airports Manager Attn: Jeff Leonard, Project Manager
6751 Woodrum Circle #200 1360 19'x' Hole Drive, Suite 200
Redding, CA 96002 Windsor, CA 95492
B. Either party may change its address for the purposes of this paragraph by giving
written notice of such change to the other party in the manner provided in this
Section.
C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days
after mailing or transmission by facsimile, whichever is earlier.
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are
authorized to execute this Contract on behalf of the respective parties to this
Contract; that they have full right, power and lawful authority to undertake all
obligations as provided in this Contract; and that the execution, performance and
delivery of this Contract by said signatories has been fully authorized by all requisite
actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the
Department Director having direct responsibility for managing the services
provided herein shall have authority to execute any amendment to this Contract
which does not increase the amount of compensation allowable to Consultant or
otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
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IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and
year set forth below:
Dated: , 2024
ATTEST:
PAMELA MIZE, City Clerk
Dated: , 2024
Attachments — Exhibit A
Exhibit B
CITY OF REDDING,
A Municipal Corporation
By: Tenessa Audette
Mayor
APPROVED AS TO FORM:
Christian Curtis
City Attorney
UIR
CONSULTANT
Mead and Hunt, Inc.
l 7 fog+
B
Tax ID No.: -32 - 07 2 3 a 2 2.
Consulting and Professional Services Agreement Page 13
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Exhibit `A'
Required Federal Contract Provisions
Consultants acknowledges that City is subject to Federal Grant Agreement obligations as a
condition precedent to the granting of federal funds for improvements to the Airport, and,
accordingly, Consultant agrees to, and agrees to be bound by, the following covenants
provided by the Federal Aviation Administration as they may apply to Consultant.
A. Access to Records and Reports (Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA
Order 5100.38). The Consultant must maintain an acceptable cost accounting system. The
Consultant agrees to provide the City, 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 Consultant which are directly
pertinent to the specific contract for the purpose of making audit, examination, excerpts,
and transcriptions. The Consultant agrees to maintain all books, records, and reports
required under this contract for a period of not less than three years after final payment is
made and all pending matters are closed.
B. Breach of Contract Terms (Reference: 2 CFR § 200 Appendix 11(A)). Any
violation or breach of terms of this contract on the part of the Consultant or its
subconsultants 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.
City will provide Consultant written notice that describes the nature of the breach
and corrective actions the Consultant must undertake in order to avoid termination
of the contract. City reserves the right to withhold payments to Consultant until
such time the Consultant corrects the breach or the City elects to terminate the
contract. The City's notice will identify a specific date by which the Consultant
must correct the breach. City may proceed with termination of the contract if the
Consultant fails to correct the breach by deadline indicated in the City's notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
C. Civil Rights - General (Reference: 49 USC§ 47123)
GENERAL CIVIL RIGHTS PROVISIONS
The Consultant 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.
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Exhibit `A'
This provision binds the Consultant 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.
D. Civil Rights - Title VI Assurances (49 USC§ 47123, FAA Order 1400.11)
Title VI Solicitation Notice. The City, 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.
Title VI Clauses for Compliance with Nondiscrimination Requirements. During the
performance of this contract, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Consultant") agrees as follows:
a. Compliance with Regulations: The Consultant will comply with the Title VI List
of Pertinent Nondiscrimination Statutes and Authorities, as they may be
amended from time to time, which are herein incorporated by reference and
made a part of this contract.
b. Non-discrimination: The Consultant, 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 subconsultants, including
procurements of materials and leases of equipment. The Consultant will not
participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the contract covers
any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the Consultant for work to be performed under a subcontract,
including procurements ofmaterials, or leases of equipment, each potential
subconsultant or supplier will be notified by the Consultant of the
Consultant's obligations under this contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, or
national origin.
d. Information and Reports: The Consultant 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 City or the Federal
Aviation Administration to be pertinent to ascertain compliance with such
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Exhibit `A'
Acts, Regulations, and instructions. Where any information required of a
Consultant is in the exclusive possession of another who fails or refuses to
furnish the information, the Consultant will so certify to the City or the
Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
e. Sanctions forNoncompliance:In the event of a CONSULTANT'S non-
compliance with the Non-discrimination provisions of this contract, the City
will impose such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including, but not limited to:
Withholding payments to the Consultant under the contract until the
Consultant complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or in part.
f. Incorporation of Provisions: The Consultant 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 Consultant will take
action with respect to any subcontract or procurement as the City or the
Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the
Consultant becomes involved in, or is threatened with litigation by a
subconsultant, or supplier because of such direction, the Consultant may
request the City to enter into any litigation to protect the interests ofthe
City. In addition, the Consultant may request the United States to enter into
the litigation to protect the interests of the United States.
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
proj ects);
• 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);
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Exhibit `A'
• 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 11 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);
• 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).
E. 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 § 740-7671 q) and the Federal Water Pollution Control Act as amended
(33 USC § 1251-1387). The Contractor agrees to report any violation to the City
immediately upon discovery. The City 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.
F. DAVIS-BACON REQUIREMENTS
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
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Exhibit `A'
subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalent thereof)
due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of paragraph (1)(iv) of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided that
the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under (1)(ii) of this section) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor
and its subcontractors at the site of the work in a prominent and accessible place
where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(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
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Exhibit `A'
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 Cities and Airport Improvement Program
Projects Issued on June 19, 2018 Page 31 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 City 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
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Exhibit `A'
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 City, 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
I (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 Cities and Airport Improvement Program
Projects Issued on June 19, 2018 Page 32 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,
City, 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.
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Exhibit `A'
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 City, 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
City.
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the Contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to
be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is
being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is
correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in
Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the contract
(C) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH -347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph (3)(ii)(B)
of this section.
(D) The falsification of any of the above certifications may subject the
Contractor or subcontractor to civil or criminal prosecution under Section
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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 City, 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 City, 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
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apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employment
and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved
by the Employment and Training Administration. Every trainee must
be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination that provides for less
than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate that is not registered and participating in a
training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for
the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
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Exhibit `A'
(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
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
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Exhibit `A'
awarded Government contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 USC 1001.
G. 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.
CERTIFICATION OF LOWER TIER CONSULTANTS 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:
a. Checking the System for Award Management at website:httl2://www.sam.aov
b. Collecting a certification statement similar to the Certificate
Regarding Debarment and Suspension (Bidder or Offeror),
above.
c. Inserting a clause or condition in the covered transaction with the lower tier
contract.
If the FAA later determines that a lower tier participant failed to
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.
H. Disadvantaged Business Enterprises (Reference: 49 CFR PART 26)
The City's award of this contract is conditioned upon Bidder or Offeror satisfying
the good faith effort requirements of 49 CFR §26.53.
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Exhibit `A'
As a condition of bid responsiveness, the Bidder or Offeror must
submit the following information with its proposal on the forms
provided herein:
a. The names and addresses of Disadvantaged Business
Enterprise (DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform;
c. The dollar amount of the participation of each DBE firm listed under (1)
d. Written statement from Bidder or Offeror that attests their
commitment to use the DBE firm(s) listed under (1) to meet
the City's project goal; and
e. 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 City'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.
a. The names and addresses of Disadvantaged Business
Enterprise (DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform;
c. The dollar amount of the participation of each DBE firm listed
under (1)
d. Written statement from Bidder or Offeror that attests their
commitment to use the DBE firm(s) listed under (1) to meet
the City's project goal; and
e. 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 part26.
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Exhibit `A'
Solicitation Language (Race/Gender Neutral Means). The
requirements of 49 CFRpart 26 apply to this contract. It is the
policy of the City, to practice nondiscrimination based on race,
color, sex, or national origin in the award or performance of
this contract. The City encourages participation by all firms
qualifying under this solicitation regardless of business size or
ownership.
Prime Contracts (Projects covered by 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 City deems appropriate, which may include, but is not
limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. 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 seven (7) days from the receipt of each
payment the prime contractor receives from City. The prime
contractor agrees further to return retainage payments to each
subcontractor within seven (7) 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. This clause applies to
both DBE and non -DBE subcontractors.
I. Distracted Driving (Reference: Executive Order 13513, DOT Order 3902.10)
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Exhibit `A'
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving" (10/1/2009) and DOT Order 3 902. 10 "Text Messaging
While Driving" (12/30/2009), 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 sub -grant.
In support of this initiative, the City encourages the Consultant 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
Consultant must include the substance of this clause in all sub -tier contracts
exceeding $3,500 and involve driving a motor vehicle in performance of work
activities associated with the project.
J. Energy Conservation Requirements (2 CFR § 200, Appendix 11(H)).
Consultant and subconsultant 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 U.S.C. 620let seq).
K. Federal Fair Labor Standards Act (Minimum Wage) (Reference: 29 USC § 201, ET
SEQ.). 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 Consultant has full responsibility to monitor compliance to the referenced
statute or regulation. The Consultant must address any claims or disputes that arise
from this requirement directly with the U.S. Department of Labor - Wage and
Hour Division.
L. Foreign Trade Restriction Certification (Reference: 49 USC § 50104, 49 CFR Part
301. The by submission of an offer, the Offeror certifies that with respect to this
solicitation and any resultant contract, the Offeror -
a. is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S. firms as published by the
Office of the United States Trade Representative (U.S.T.R.);
b. 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 U.S.T.R; and
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Exhibit `A'
c. has not entered into any subcontract for any product to be used on the Federal on
the PROJECT that is produced in a foreign country included on the list of
countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
The Offeror/CONSULTANT must provide immediate written notice to the
CITY if the Offeror/CONSULTANT learns that its certification or that of a
subconsultant was erroneous when submitted or has become erroneous by reason
of changed circumstances. The CONSULTANT must require subconsultants
provide immediate written notice to the CONSULTANT 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 subconsultant:
a. 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 U.S.T.R. or
b. whose subconsultants are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
who incorporates in the public works PROJECT any product of a foreign
country on such U.S.T.R. 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 CONSULTANT 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
CONSULTANT may rely on the certification of a prospective
subconsultant 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 U.S.T.R, unless the Offeror has knowledge that the
certification is erroneous.
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Exhibit `A'
This certification is a material representation of fact upon which
reliance was placed when making an award. If it is later
determined that the CONSULTANT or subconsultant knowingly
rendered an erroneous certification, the Federal Aviation
Administration may direct through the CITY cancellation of the
contract or subcontract for default at no cost to the CITY or the
FAA.
M. Lobbying and Influencing Federal Employees (Reference: 31 U.S.C. §
1352- Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix
11(J) 49 CFR part 20, Appendix A)
The bidder or offeror certifies by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
a. 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.
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.
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, sub -grants, and contracts under grants,
loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
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Exhibit `A'
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
N. Occupational Safety and Health Act of 1970 (Reference: 20 CFR part
1910). All contracts and subcontracts that result from this solicitation
incorporate by reference the requirements of 29 CFR Part 1910 with
the same force and effect as if given in full text. CONSULTANT must
provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee. The
CONSULTANT retains full responsibility to monitor its compliance
and their subconsultant's compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
CONSULTANT 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.
O. Certification of Offeror/Bidder regarding Tax Delinquency and Felony
Convictions (Reference: Sections 415 and 416 of Title IV, Division L of
the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) & DOT
Order 4200.6 - Requirements for Procurement and Non -Procurement
The applicant must complete the following two certification
statements. The applicant must indicate its current status as it relates
to tax delinquency and felony conviction by inserting a checkmark ( )
in the space following the applicable response. The applicant agrees
that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification in all lower tier
subcontracts.
Note
Certifications
1) The applicant represents that it is ( ) 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 ( ) is not ( ) is not a corporation
that was convicted of a criminal violation under any Federal law
within the preceding 24 months.
If an applicant responds in the affirmative to either of the
above representations, the applicant is ineligible to receive an
award unless the City has received notification from the agency
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Exhibit `A'
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 City about its tax liability or conviction to the City, who
will then notify the FAA Airports District Office, which will
then notify the agency's SDO to facilitate completion of the
required considerations before award decisions aremade.
Term Definitions
Felony conviction: Felony conviction means a conviction within
the preceding twenty-four (24) months of a felony criminal
violation under any Federal law and includes conviction of an
offense defined in a section of the U.S. code that specifically
classifies the offense as a felony and conviction of an offense that
is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
P. Termination of Contract (Reference: 2 CFR § 200 Appendix ll(B), FAA
Advisory Circular 150/5370-10, Section 80-09)
TERMINATION FOR CONVENIENCE
The CITY 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 CITY, the
CONSULTANT must immediately discontinue all services affected.
Upon termination of the Agreement, the CONSULTANT must
deliver to the CITY all data, surveys, models, drawings,
specifications, reports, maps, photographs, estimates, summaries,
and other documents and materials prepared by the
CONSULTANT under this contract, whether complete or partially
complete.
CITY agrees to make just and equitable compensation to the CONSULTANT
for satisfactory work completed up through the date the CONSULTANT
receives the termination notice. Compensation will not include anticipated
profit on non -performed services.
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Exhibit `A'
CITY further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
Termination for 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 parry an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party (7) days
advance written notice of its intent to terminate the Agreement.
The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of
the termination action. The rights and remedies in this clause are
in addition to any other rights and remedies provided by law or
under this agreement.
a. Termination by CITY: The CITY may terminate this Agreement
in whole or in part, for the failure of the CONSULTANT to:
Perform the services within the time specified in this contract
or by CITY approved extension;
2. Make adequate progress so as to endanger satisfactory
performance of the PROJECT;
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 CITY all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the
CONSULTANT under this contract, whether complete or partially
complete.
CITY 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.
Consulting and Professional Services Agreement Page 33
Rev. 6/15
Exhibit `A'
CITY 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 CITY determines
the CONSULTANT was not in default of the Agreement, the rights
and obligations of the parties shall be the same as if the CITY
issued the termination for the convenience of the CITY.
a. Termination by Consultant: The CONSULTANT may terminate
this Agreement in whole or in part, if the CITY:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
3. Suspends the PROJECT for more than [ 180] days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, CITY
agrees to cooperate with CONSULTANT for the purpose of terminating the
agreement or portion thereof, by mutual consent. If CITY 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 CITY's breach of the contract.
In the event of termination due to CITY breach, the CONSULTANT is
entitled to invoice CITY 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. CITY agrees to hold CONSULTANT
harmless for errors or omissions in documents that are incomplete as a
result of the termination action under this clause.
Veteran's Preference (Reference: 49 USC§ 47112(c)). In the employment of labor (excluding
executive, administrative, and supervisory positions), the CONSULTANT and all sub -tier
CONSULTANTS 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 U. S.C. 632) owned and controlled by disabled veterans. This preference only
applies when there are covered veterans readily available and qualified to perform the work
to which the employment relates.
Consulting and Professional Services Agreement Page 34
Rev. 6/15
MEAD & HUNT, Inc.
Standard Billing Rate Schedule
Effective January 1, 2024
Standard Billing Rates
• Clerical...............................................................................................................................................
$100.00 / hour
• Technical Editor.................................................................................................................................
$136.00 / hour
• Senior Editor......................................................................................................................................
$198.00 / hour
• Accounting, Administrative Assistant.................................................................................................
$128.00 / hour
• Technician I, Technical Writer...........................................................................................................
$118.00 / hour
• Technician II, Surveyor - Instrument Person.....................................................................................
$137.00 / hour
• Technician III......................................................................................................................................
$159.00 / hour
• Technician IV....................................................................................................................................
$168.00 / hour
• Senior Technician..............................................................................................................................
$211.00 / hour
• Engineer I, Scientist I, Architect I, Interior Designer I, Planner I .......................................................
$150.00 / hour
• Engineer II, Scientist II, Architect II, Interior Designer II, Planner 11 ...................................................
$167.00 / hour
• Engineer III, Scientist III, Architect III, Interior Designer III, Planner III .............................................
$179.00 / hour
• Construction Resident Project Representative (RPR)......................................................................
$189.00 / hour
• Senior Engineer, Senior Scientist, Senior Architect, Senior Interior Designer, Senior Planner, Construction
Manager.............................................................................................................................................
$232.00 / hour
• Project Engineer, Project Scientist, Project Architect, Project Interior Designer, Project Planner ....
$248.00 / hour
• Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Interior
Designer,
SeniorProject Planner.......................................................................................................................
$287.00 / hour
• Senior Associate, Principal, Senior Client / Project Manager............................................................
$355.00 / hour
Expenses
• Geographic Information or GPS Systems........................................................................................ $100.00 / day
• Out -Of -Pocket Direct Job Expenses................................................................................................. cost plus 15%
Such as reproductions, sub -consultants / contractors, etc.
Travel Expense
• Company or Personal Car Mileage................................................................................................... $ IRS rate / mile*
" Rates will be charged at Current IRS rate
• Air and Surface Transportation......................................................................................................... cost plus 15%
• Lodging and Sustenance.................................................................................................................. cost plus 15%
Billing and Payment
• Travel time is charged for work required to be performed out -of -office. A minimum of two hours will be billed for any
work out -of -office.
• Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the
invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice.
This schedule of billing rates is effective January 1, 2024, and will remain in effect until December 31, 2024, unless unforeseen
increases in operational costs are encountered. We reserve the right to change rates to reflect such increases.