EA-2022-10-06 Environmental Assessment BTA 020
CONSULTANT AGREEMENT
Airport Improvement Program (AIP/BIL) Project No. 3-31-0109-020
Olsson Project No. A021-03923
BLAIR EXECUTIVE AIRPORT
PROJECT DESCRIPTION (the Project
“”)
Environmental Assessment (EA) per Exhibit A
THIS AGREEMENT is made and entered into by and between the consulting firm of Olsson,
Inc. of Lincoln, Nebraska hereinafter called "Olsson" and the Blair Airport Authority of Blair,
Nebraska, hereinafter called the "Sponsor" or “Client”.
For and in consideration of the mutual agreements hereinafter contained, the parties hereto
agree as follows:
SECTION 1: GENERAL
The Sponsor agrees to engage Olsson to provide the services described in Section 2 (Olsson’s
"Scope of Services”) for the Project.
Heather Olson, P.E. will represent Olsson as Project Manager in the performance of this
Agreement. No one else will be assigned to act in this capacity without the Sponsor's prior written
approval. The Project Manager shall be responsible for coordinating all activities necessary to
complete the Project.
Olsson will provide equipment and personnel necessary to complete the Scope of Services,
except as otherwise provided. Olsson shall be responsible for the quality, accuracy and coordina-
tion of the design, drawings, reports, surveys, and other items furnished by Olsson as part of this
Agreement.
Olsson agrees to provide its Scope of Services in a timely, competent, and professional
manner, in accordance with applicable standards of care, for projects of similar geographic
location, quality and scope. This Agreement creates no other representation, warranty, or
guarantee, express or implied.
Sponsor warrants that it has the authority to authorize Olsson to enter onto the Project
property and any adjacent property as necessary for Olsson to perform its Scope of Services.
601 P Street / Suite 200 / Lincoln, NE 68508
O 402.474.6311 / olsson.com
SECTION 2: SCOPE OF SERVICES
Olsson shall provide the services listed in Exhibit A “Scope of Services’ to Sponsor for the
Project described in Exhibit A. Should Client request work in addition to the Scope of Services,
Olsson shall invoice Client for such additional services (Optional Additional Services) at the
standard hourly billing labor rate charged for those employees actually performing the work, plus
reimbursable expenses if any. Olsson Shall not commence work on Optional Additional Services
without Clients’ prior written approval.
SECTION 3: TIME SCHEDULE
The Consultant shall not proceed with the services described herein until written authorization
in the form of Notice-to-Proceed is received from the Sponsor.
The performance of this Agreement is contingent and valid only on the receipt by the sponsor
of a grant from the Federal Aviation Administration to prepare the EA. After receipt and acceptance
of the grant offer, the Consultant agrees to proceed with the project immediately upon execution by
both parties of this Agreement and receipt of a Notice to Proceed for the Sponsor and to employ
such personnel as required to complete the Scope of Service in accordance with the following time
schedule.
Schedule Performance in Calendar Days
Environmental Assessment ………………………………………………………………..360 Days
The Contract time as set forth herein does not include review time or delays caused by the
Sponsor or participating agencies.
SECTION 4: FEES AND CHARGES
The Sponsor shall pay Olsson for the services described in this Agreement as follows:
Tasks 1-15 (not including Task 7B): Payment for Tasks 1-15 shall be the lump sum of
$223,200.00 as shown on Exhibit B, attached and made a part hereto. Payment shall be due
monthly based on the percentage of work completed on each task. The final fifteen percent (15%)
will not be billed until the work described for these tasks is completed and accepted by the FAA.
Task 7B (Species-Specific Survey): Task 7B will be completed if needed. Payment for Task
7B shall be the lump sum of $6,900.00 as shown on Exhibit B, attached and make a part hereto.
Payment shall be due monthly based on the percentage of work completed on each task. The final
fifteen percent (15%) will not be billed until the work described for these tasks is completed and
accepted by the FAA.
Payment shall be due monthly based on the percentage of work completed on each task. The
Consultant shall submit to the Sponsor a monthly statement showing an estimate of completion and
the portion of compensation requested for each task. The request for partial payments will not be
in excess of the value of the services completed at the time the statement is rendered. Progress
payments shall be made to the Consultant within thirty (30) days of receipt of proper billing
statement.
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APPROVALS. It is understood and agreed that this Agreement and any amendments are subject
to approval by NDOT and FAA before any state or federal funds are obligated.
FEDERAL AND OLSSONS GENERAL PROVISIONS. The Sponsor and Olsson acknowledge
’
that they have reviewed the Federal Contract Provisions Attachment, Olsson’s General Provisions
and any Exhibits attached hereto, which are expressly made a part of and incorporated into this
Agreement by this reference. In the event of a conflict or inconsistency between this Agreement
and the General Provisions regarding the services to be performed by Olsson, the requirements
of the General Provisions shall take precedence.
EQUAL OPPORTUNITY EMPLOYER. Olsson and Sub-Consultant shall abide by the
requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit
discrimination against qualified individuals based on their status as protected veterans or
individuals with disabilities and prohibit discrimination against all individuals based on their race,
color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action to
employ and advance in employment individuals without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, disability, or veteran status.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized representatives, with copies to be filed with the Nebraska Department of
Transportation – Aeronautics Division and the Federal Aviation Administration.
OLSSON, INC.
P.O. Box 84608
Lincoln, NE 68501
____________________________________________________________
Executed by Olsson on this _____ day of ________________________, 2022.
By signing below, you acknowledge that you have full authority to bind the Sponsor to the
terms of the Agreement. If you accept the terms set forth herein, please sign.
BLAIR AIRPORT AUTHORITY
th
218 South 16 Street
Blair, NE 68008
Executed by the Sponsor on this day of , 2022.
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Exhibit A
Scope of Services
October 2022
Blair Executive Airport
Blair, Nebraska
Project No. 3-31-0109-020
Environmental Assessment
An Environmental Assessment (EA) will be prepared for the projects listed below and shown on
attached Exhibit 1. The EA will be in accordance with FAA Order 1050.1F, Order 1050.1F Desk
Reference, FAA Order 5050.4B, and Environmental Desk Reference for Airport Actions.
1.Land acquisition for ultimate Runway 13/31 (approximately 33 acres)
a)Runway extension
b)Parallel taxiway extension
c)Runway Protection Zone (RPZ)
d)County Road 35/38 relocation
2.Relocation of County Road 35/38
3.Extend Runway 13/31 (1,300 feet) – (5,500 ft x 100 ft)
4.Extend Runway 13/31 Parallel Taxiway (1,300 ft x 35 ft)
5.Runway 13/31 and parallel taxiway safety area grading to comply with B-II large aircraft.
6.Construct connecting taxiway to Runway 13 end.
7.Storm sewer improvements
8.Tree and building structure removal on land within RPZ and county road relocation
The EA report will have five sections and appropriate appendices
1.Purpose and Need for each of the projects, including the Proposed Action for each
project
2.Alternatives
3.Affected Environment and Environmental Consequences and Mitigation
4.Cumulative Impact Analysis
5.Public Involvement Summary
Anticipated Appendices:
A.Preparer and Qualifications
B.Aviation Forecasts
C.Road Relocation Approval Letters
D.Agencies and Tribal Consultation
E.Biological Survey Report
F.Farmlands (Form AD-1006)
G.Hazardous Materials Review Report
H.Sponsor Land Use Letter
I.Wetland Delineation Report
J.Floodplain Memorandum
K.Public Hearing Report
Additional appendices will be included if necessary, to complete the EA.
OlssonBlair Executive Airport EA Exhibit APage 1
Task 1: Study Initiation and Kick-Off Meeting
1.1Olsson will prepare an outline of the basic elements of the EA study. Identify individual
tasks necessary to meet FAA and Sponsor requirements. Prepare detailed descriptions
of each task, describing the specific responsibilities and results of each task. Prepare
work scope and budget for airport and FAA review.
1.2Olsson will coordinate with FAA to establish the Area of Potential Effect (APE).
1.3Olsson will conduct a kick-off meeting at the initiation of the study. The meeting will
include representatives from Sponsor. This task will also include the preparation of
items for the meeting and preparation of meeting minutes. The meeting minutes will be
distributed by email.
The Sponsor will provide the most current Airport Layout Plan drawings and the 2019 Airport
Layout Plan Update report.
The Sponsor will send invitations to the kick-off meeting and provide a meeting room.
Task 2: Purpose and Need
Olsson will:
2.1Clearly identify the need for the project (problems to be corrected and the specific
standards that are unmet), the purpose or the proposed actions, and the proposed time
frames for the proposed actions.
Problems to be corrected include:
Current runway does not meet standards for forecasted operations of design aircraft.
County Road 35 and 38 extend into the Runway Protection Zone (RPZ) for the
extended runway 13 configuration.
2.2Discuss expansion of runway as this item requires the land acquisition that is included in
this scope of work.
2.3Review and reference the Airport Layout Plan. Verify that the proposed actions are per
the Airport Layout Plan (ALP) and so state in the EA.
2.4Current Airport usage exceeds the projected airport usage identified in the 2019 Airport
Layout Plan. An updated Demand Forecast and Design Aircraft Reference Code report
were prepared in October 2021 and will also be used as a reference for this report.
2.5Coordinate with the Airport Sponsor regarding the collection or documentation of
relevant information supporting the need for the project, including specific justification
and/or forecasts.
OlssonBlair Executive Airport EA Exhibit APage 2
Task 3: Alternatives
Olsson will:
3.1Define the “No Action”, “Proposed Action” and “Reasonable Alternatives”. Proposed
Action and Alternatives will be limited to the alternatives discussed in the currently
approved Airport Layout Plan, as follows:
1.Maintain existing runway configuration, 4,200’x 100 ft
2.Extend Runway 31 (1,300 feet); Relocate Highway 133 and County Road P38A.
3.Realign Runway 13/31 to accommodate total runway length of 5,500 feet.
4.Extend Runway 13 (1,300 feet); Close County Roads 35 and 38.
5.Extend Runway 13 (1,300 feet); Relocate County Road 35 and 38 within RPZ.
6.Extend Runway 13 (1,300 feet); Relocate County Road 35 and 38 outside RPZ.
3.2Identify Alternative 6 as the Proposed Action and provide clear screening of why
Alternative 6 is the Proposed Action (meets Purpose and Need)
3.3Explain why Alternatives 1, 2, 3, 4, and 5 were eliminated from further evaluation.
3.4Discuss, in brief, each action’s expected environmental impacts and conceptual
measures needed to mitigate those impacts.
Task 4: Affected Environment
Olsson will:
4.1Make a thorough site visit to review the presence of readily visible and environmentally
sensitive features such as wetlands, streams, ponds, farmlands, historic properties,
residences, and businesses.
4.2Take photos of the site being sure to include environmentally sensitive features. A
minimum of four photos will be included in the EA.
4.3Determine which resources are affected and which resources are not affected.
4.4List major past, present, and reasonably foreseeable actions that may impact resources.
4.5Document existing land uses, including noise-sensitive receptors such as residences,
schools, churches and hospitals; public parks; wildlife and waterfowl refuges; wetlands;
floodplains; farmlands; coastal zones; recreation areas; historic facilities; and
archaeological sites. Special interest groups, such as low income or minorities, should
be identified if present, or their absence noted if applicable. Provide land use map.
4.6The Average Daily Traffic volume was obtained from Washington County for the County
Road 35 between Highway 133 and County Road 38 during the Preliminary design of
the County Road relocation in June and July 2022. A general traffic evaluation will be
performed to identify displaced travel patterns and approximate travel times associated
with those patterns.
Please Note: Within the EA, information collected in Task 4 may be combined with information
from Task 11 to reduce redundancy and increase clarity. This information would be presented in
a single chapter titled “Affected Environment and Environmental Consequences”.
OlssonBlair Executive Airport EA Exhibit APage 3
Task 5: Coordination with Government Agencies and Tribes
Olsson will:
5.1Coordinate with FAA to determine the size of the Area of Potential Effect (APE) to be
used when coordinating with government agencies and Tribes.
5.2Coordinate a review of the preferred development alternative with the appropriate local,
state and federal agencies. Provide said agencies with the pertinent materials for review
to include a letter summarizing project information, a location map showing the proposed
development, a vicinity map and other data if applicable.
5.3Provide an electronic copy of the above letter and other information to FAA so that FAA
may coordinate the project with Federally-recognized Tribes.
5.4Address concerns of Government Agencies and Tribes by responding promptly to
requests for additional information or documentation. Consultant shall not initiate
conversations or correspondence with Tribes, but rather shall work through FAA to
provide information to Tribes. Consultant may answer questions if contacted by Tribes
but should keep FAA informed of the content of any such communications.
5.5Include pertinent information from Government Agencies and Tribes in EA including
analysis of their concerns as necessary.
Task 6: Wetland Delineation
6.1A wetland delineation will be conducted for this project. Wetlands identified during the
investigation will be delineated in accordance with the U.S. Army Corps of Engineers
(Corps) 1987 Corps of Engineers Wetlands Delineation Manual, as well as the Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region
(Version 2.0, 2010).
6.2Olsson will conduct a site visit and prepare a comprehensive wetland delineation report,
which will include a general site description, background data reviewed, copies of maps
used in the delineation, field data sheets, ground photos, descriptions of each wetland
and water identified, descriptions of areas not meeting the criteria to be considered
wetlands or waters, reference material, and recommendations.
Task 7A: Biological Survey
Olsson shall conduct a Biological Survey and submit to the U.S. Fish and Wildlife Service
(USFWS) and the Nebraska Game and Parks Commission (NGPC). The Biological Survey will
include the following tasks:
7.1.Review of desktop resources prior to field visit
7.2.Conduct field visit to document habitat characteristics and biological resources present
within the study area. Using IPaC website to download official species list and
coordinate with USFWS.
7.3.Prepare Draft Report of findings
7.4.Submit Draft Report to USFWS and NGPC for review
7.5.Respond to USFWS and NGPC comments
7.6.Submit Final Report to USFWS and NGPC and include within EA
OlssonBlair Executive Airport EA Exhibit APage 4
Task 7B: Species-Specific Surveys (if needed)
Based upon the project location, it is assumed that species-specific surveys may be required by
the USFWS or NGPC based upon the result of the Biological Survey for a state and federal
species a special concern.
If required, a qualified biologist will visit the site during agency-approved survey periods to
document the potential presence/absence of target species and/or their habitat. Survey results
will be summarized in a report including site photographs and habitat descriptions and
submitted to the appropriate agency for review and approval. Olsson assumes that species-
specific surveys will require no more than two site visits requiring two days of field work each.
Olsson’s ability to perform this task is dependent upon the particular species identified by the
USFWS or NGPC for survey, as specific qualifications and/or permits may be required for
particular species. Should specialized staff be required, this task would be considered out-of-
scope.
Task 8: Hazardous Materials Desk Review
Olsson shall conduct a desktop review of known databases to establish if the project has the
affect hazardous materials or be impacted by the presence of hazardous materials on site. The
review will determine if any “Superfund” sites are in the project area and Olsson will discuss the
impacts of the project on the site, if applicable. Olsson shall prepare a separate report
documenting methodology and results of the review. Olsson will include a discussion of the
means of compliance with applicable regulations, if applicable. Information from the report shall
be incorporated into the EA and the report shall be attached as an appendix document to the
EA.
Task 9: Floodplain Study
A mapped Zone A floodplain is located to the southwest of the current runway. The floodplain is
assumed to be outside any area of future construction. Olsson will review the Federal
Emergency Management Agency (FEMA) 100-year floodplain map and consult with local
floodplain authorities as necessary to determine whether the proposed project will significantly
impact a base floodplain. A memorandum on the findings will be prepared.
Task 10: Historical, Architectural, Archeological, and Cultural Resources Survey
A cultural resources survey will be conducted by Archeology Laboratory Augustana University
(Augustana University, subconsultant) for the 173 acres potentially impacted by the project.
The 173 acres reviewed includes the land proposed for acquisition, county road right of way,
grading transition area, and existing airport property impacted by runway and taxiway extension.
Augustana University will conduct an archeological and architectural survey of the entire site.
The surveys will assess the potential effects of the proposed project on historic resources.
Existing National Register properties will be identified and evaluated (where appropriate).
A site file search for both standing structures and archeology, a geomorphological justification
within the area, and field survey, and pedestrian survey of the entire area with testing where
appropriate. Testing could include bore holes to identify soil types or test pits if surface materials
indicate the necessity.
OlssonBlair Executive Airport EA Exhibit APage 5
The Nebraska State Historic Preservation Office (NeSHPO) standard of documentation will be
utilized. Standing structures evaluation can be completed in three field days with follow-up
assistance for archeological survey.
Augustana University will coordinate with NeSHPO as needed. They will participate and assist
with project consultation with appropriate parties.
Augustana University’s report will follow the standards outlined in the NeSHPO survey manual
and will include geomorphology testing to meet their standards. The report will be provided
digitally to FAA for coordination with the NeSHPO and Tribes. Olsson will assist with any
standard base maps for reporting consistency.
Task 11: Environmental Consequences & Mitigation
Olsson will analyze and document the potential impacts of the proposed project, including
consultation with the appropriate agencies for the following specific impact categories.
11.1Air Quality – provide a qualitative analysis to assess the likelihood that the proposed
action would exceed one or more of the NAAQS as established by the EPA under the
Clean Air Act, for any of the time periods analyzed, or to increase the frequency or
severity of any existing violations.
11.2Biological Resources including fish, wildlife and plants – Discuss the results of Task 7
“Biological Survey”, and the potential effects of the proposed project on biotic
communities.
11.3Climate – discuss potential climate impacts.
11.4Coastal Resources – Review not required at this location.
11.5Department of Transportation Section 4(f) – Contact the appropriate U.S. Department of
the Interior, Nebraska Game and Parks Commission (NGPC), and local agencies to
determine if any 49 Section 303(c), 4(f) lands (public parks, recreation areas, wildlife or
waterfowl refuges, or public/private historic sites) will be affected by the proposed
project. For the purposes of this scope, it is assumed that the Section 4(f) statement will
conclude that no 4(f) properties will be affected.
11.6Farmlands – Consult with the U.S. Department of Agriculture, Soil Conservation Service
(county district office) to determine if the proposed project will have any impact on prime
or unique farmland and submit Form AD-1006 if necessary.
11.7Hazardous Materials, Solid Waste and Pollution Prevention
a.Hazardous Materials – Discuss the results of Task 8 “Hazardous Materials Desk
Review.” This scope of work does not include an Environmental Due Diligence Audit
(EDDA) or Environmental Site Assessment (ESA) for real property. Information from
the Hazardous Materials Desktop Review Report will be incorporated into this
section.
b.Solid Waste – If the proposed project will cause or change a solid waste stream,
discuss how the solid waste will be handled and disposed of properly to minimize
environmental effects. Analyze whether local disposal facilities have the capacity to
OlssonBlair Executive Airport EA Exhibit APage 6
hold solid waste streams the proposed airport facilities would produce during their
construction or operation.
11.8Historical, Architectural, Archeological, and Cultural Resources – Discuss the results of
Task 10 “Historical, Architectural, Archeological, and Cultural Resources Survey.”
11.9Land Use – Address compatibility of existing and planned land uses in the vicinity of the
proposed project, including documentation that appropriate zoning has or will be
adopted. Assess potential impacts due to changes in traffic patterns. Reference and
include a copy of the Sponsor’s “Land Use Compatibility Assurance Letter” in the EA
Appendix.
11.10Natural Resources and Energy Supply – Discuss any project effects on utilities,
consumable materials, or aircraft fuel consumption.
11.11Socioeconomic, Environmental Justice and Children’s Environmental Health and Safety
Risks
a.Socioeconomic - Discuss secondary or induced impacts, such as population
increases, public service demands, and changes in business and economic
activity, on surrounding communities. Potential socioeconomic impacts may
include property acquisitions, changes in transportation patterns, affecting
access to education or emergency services, and changes in area employment.
Olsson will coordinate with Washington County for the Average Daily Traffic
(ADT) volume documentation at two locations: County Road 35/38 and Highway
133. Counts will be taken in 15-minute intervals and document Light-Medium-
Heavy vehicle classification. A general traffic evaluation will be performed to
identify displaced travel patterns and approximate travel times associated with
those patterns.
b.Environmental Justice – Determine if any category of potential impact of the
project will disproportionately affect low income or minority communities. If a
disproportionate impact is identified, discuss efforts to avoid the impact,
mitigation measures and describe any special efforts taken to include the
impacted community in the environmental process.
11.12Visual Effects – Assess the potential effects of light emissions and visual effects
resulting from the proposed project.
11.13Water Resources (including wetlands, floodplains, surface waters, groundwater, and wild
and scenic rivers)
a.Wetlands – Discuss the findings of the wetland delineation (Task 6) completed
for the site and how the Proposed Action would impact wetlands located on site.
b.Floodplains – Discuss the findings of Task 9 “Floodplain Study.”
c.Surface Waters & Groundwater – Assess the potential for any water quality
impacts, including potential contamination of groundwater aquifers or surface
waters and document measures to be incorporated to minimize adverse water
quality effects. Contact the state water quality control agency and other
applicable agencies as necessary. Disturbance of land equal to or greater than
OlssonBlair Executive Airport EA Exhibit APage 7
one acre will require a National Pollutant Discharge Elimination System
(NPDES) permit at the time of construction.
d.Wild and Scenic Rivers – Not applicable to this location.
Please Note: Within the EA, information collected in Task 4 may be combined with information
from Task 11 to reduce redundancy and increase clarity. This information would be presented in
a single chapter titled “Affected Environment and Environmental Consequences”.
Task 12: Cumulative Impacts
Olsson will analyze impacts on resources due to the proposed action and impacts on the same
resources due to past, present, and reasonably foreseeable actions. If no cumulative impacts
are identified, it shall be clearly stated in the EA.
Task 13: Public Involvement & Hearing
Olsson will:
13.1Assist the Sponsor in drafting the public notice to solicit public comment and for a public
hearing concurrent with the availability of the EA for public review. The notice shall be
published for a minimum of thirty days before the scheduled date of the public hearing.
Olsson will provide draft notice for review by Sponsor and FAA for publication.
13.2Provide the Sponsor with two copies of the draft EA for display and review by the public.
The draft EA shall be made available to the public during normal business hours for a
period of at least thirty days before the scheduled date of the public hearing.
13.3Coordinate and conduct a public hearing on the EA.
13.4Ensure that the hearing is recorded and that a transcript is prepared.
13.5Prepare a Public Involvement Report documenting all public involvement activities
including the public hearing location, set up, personnel, attendees as well as materials
presented, comments received, and a transcript of the hearing. The Public Involvement
Report will be included in the EA as an appendix. A summary of public involvement
process and activities would also be summarized within the EA.
Task 14: Final EA Report
Receive and review all public comments from the hearing and from written comments. Prepare a
response to all comments. For written comments that provide a return address, send a response
to the commenter.
Coordinate with FAA and the Sponsor regarding changes to the Proposed Action and the EA report
as a result of public comments.
Incorporate these changes in the Final Environmental Assessment Report.
OlssonBlair Executive Airport EA Exhibit APage 8
Task 15.Deliverables and Project Management
(Project Report will be limited to 75 pages, not including figures and appendices)
15.1Preliminary draft EA for review and comment
One electronic copy to the FAA
One electronic copy to NDOT – Division of Aeronautics
One printed copy and one electronic copy to the Sponsor
The draft EA will include the following appendices:
15.1.1 Wetland Delineation Report
15.1.2Hazardous Materials Review Report
15.1.3 Biological Survey Report
15.1.4 Species-Specific Survey Report (If Needed)
15.1.5 Floodplain Memorandum
15.1.6 Agency Correspondence
15.2Response to comments from the FAA, NDOT, and the Sponsor
15.3Revised draft EA prior to advertisement for public hearing
15.4Public Hearing Report
15.5Final draft EA, incorporating preliminary review comments and public involvement
documents for final review and comment.
One electronic copy to the FAA
One electronic copy to NDOT – Division of Aeronautics
One printed copy and one electronic copy to the Sponsor
15.6Final EA report, incorporating review comments from FAA and the Sponsor.
One electronic copy to FAA
One printed copy and an electronic copy to NDOT – Division of Aeronautics
One electronic copy to the Sponsor
15.7FAA Project Documentation:
Olsson will prepare the Project Application, Sponsor Certifications, and other
documents as needed.
Submit quarterly performance reports to FAA
15.8Meet the requirements of Section 508 of the Rehabilitation Act, which requires that
electronic information technology (EIT) meets specific accessibility standards for people
with disabilities, and public access to and use of information and data comparable to that
provided to those without disabilities.
15.9Project management – includes work items to set up and manage contracts, budgets, and
invoicing as well as to provide project management and coordination with the Sponsor,
FAA and subconsultant. The task includes conference calls and email communications but
does not include on-site meetings.
OlssonBlair Executive Airport EA Exhibit APage 9
15.10Maintain an Administrative Files (“Project File”) per the requirements in Attachment A and
the sample index in Attachment B.
Services Not Included in Agreement
If authorized by supplemental agreement by the Sponsor, the Consultant shall furnish or obtain
from others additional services of the types listed hereinafter. These services are not included
as part of the basic Scope of Services to be provided by the Consultant. Compensation for
additional services will be in addition to compensation for services listed above.
1.Conduct an air quality analysis if anticipated activity exceeds thresholds specified in
FAA Order 5050.4B.
2.Prepare a Section 303(c) statement if determined to be necessary following
consultation with the appropriate agencies.
3.Prepare and submit a USACE Section 404 permit application.
4.Noise analysis
SPONSOR'S RESPONSIBILITIES
The Sponsor, as a part of this Agreement, shall provide the following:
1.The Sponsor shall draft a resolution for the approval for the EA.
2.Arrange for access to and make all provisions for the Consultant to enter upon public
and private property as required for the Consultant to perform his services.
3.Assist in approvals and permits from all governmental entities under the Sponsor’s
jurisdiction over the project.
4.Designate in writing a person to act as Sponsor representative with respect to the
services to be rendered under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, and interpret and define
Sponsor policies and decisions.
5.Give prompt written notice to the Consultant whenever Sponsor observes or knows
of any development that affects the scope or timing of Consultant's services.
6.Pay publishing cost for advertisements of notices, public hearings, request for bids,
and other similar items. The Sponsor shall pay for all permits and licenses that may
be required by local, state or federal authorities; and shall secure the necessary
land, easements and rights-of-way required for the project.
7.Provide one (1) copy of existing plans, reports, or other data the Owner may have on
file with regard to the proposed work.
OlssonBlair Executive Airport EA Exhibit APage 10
F EDERAL C ONTRACT P ROVISIONS FOR A/E A GREEMENTS
A LL REFERENCES MADE HEREIN TO “C ONTRACTOR”,“P RIME C ONTRACTOR”, “B IDDER”,
“O FFEROR”, AND “A PPLICANT” SHALL PERTAIN TO THE A RCHITECT/E NGINEER (A/E).
A LL REFERENCES MADE HEREIN TO “S UBCONTRACTOR”,“S UB-TIER C ONTRACTOR”OR
“LOWER T IER C ONTRACTOR”SHALL PERTAIN TO ANYSUBCONSULTANTUNDER
CONTRACT WITH THE A/E.
A LL REFERENCES MADE HEREIN TO “S PONSOR” AND “O WNER” SHALL PERTAIN TO THE
STATE
,CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS
WITH THE
A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the
Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
CIVIL RIGHTS – GENERAL
Reference: 49 USC § 47123
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds the contractor and sub-tier contractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of
1964.
CIVIL RIGHTS – TITLE VI ASSURANCE
Reference: 49 USC § 47123 and FAA Order 1400.11
A)Title VI Solicitation Notice
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, 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.
Page 1 of 11 Updated November 12, 2019
B)Title VI Clauses for Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees as follows:
1)Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to
time, which are herein incorporated by reference and made a part of this contract.
2)Non-discrimination: The contractor, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21.
3)Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor’s obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4)Information and Reports: The contractor will provide all information and reports required by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will
set forth what efforts it has made to obtain the information.
5)Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a.Withholding payments to the contractor under the contract until the contractor complies; and/or
b.Cancelling, terminating, or suspending a contract, in whole or in part.
6)Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto. The contractor will
take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by
a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter
into any litigation to protect the interests of the sponsor. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
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C)Title VI List of Pertinent Nondiscrimination 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 U.S.C. § 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 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 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 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include
all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether
such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 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 non-discrimination 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 U.S.C. 1681 et seq).
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DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR part 26
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 DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
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 thirty (30) calendar days from the receipt
of each payment the prime contractor receives from the Sponsor. The prime contractor agrees further to
return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Sponsor. This clause applies to both
DBE and non-DBE subcontractors.
ENERGY CONSERVATION REQUIREMENTS
Reference: 2 CFR § 200, Appendix II (H)
Contractor and each subcontractor agree to comply with mandatory standards and policies relating to
energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL 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 pertain to a referenced requirement directly with the
U.S. Department of Labor – Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). Contractor 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.
Page 4 of 11 Updated November 12, 2019
RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II (F) and 37 CFR §401
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business
Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by
reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must
include this requirement in all sub-tier contracts involving experimental, developmental or research work.
SEISMIC SAFETY
Reference: 49 CFR part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard which provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests
conformance of the building design and the construction specifications with the seismic standards of
NEHRP or an equivalent building code.
TAX DELINQUENCY AND FELONCY CONVICTION
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L.
113-76) and DOT Order 4200.6
Certification - The applicant represents that it is not a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability. 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.
Certification - The applicant represents that it is not a corporation that was convicted of a criminal violation
under any Federal law within the preceding 24 months. A 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.
Page 5 of 11 Updated November 12, 2019
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104 and 49 CFR part 30
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
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/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
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 subcontractors 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 contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in in all lower tier subcontracts. The contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract
or subcontract for default at no cost to the Owner or the FAA.
Page 6 of 11 Updated November 12, 2019
VETERAN’S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor
and all sub-tier contractors must give preference to covered veterans as defined within 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.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$3,500
DISTRACTED DRIVING
Reference: Executive Order 13513 and DOT Order 3902.10
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving"
(10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the 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 Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project. The
Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve
driving a motor vehicle in performance of work activities associated with the project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix II (B)
Termination for Convenience
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination by Default
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
Page 7 of 11 Updated November 12, 2019
the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party \[7\] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a)Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure
of the Consultant to:
1)Perform the services within the time specified in this contract or by Owner approved extension;
2)Make adequate progress so as to endanger satisfactory performance of the Project;
3)Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of
the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b)Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the
Owner:
1)Defaults on its obligations under this Agreement;
2)Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3)Suspends the Project for more than \[180\] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant
for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
Page 8 of 11 Updated November 12, 2019
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the
bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended
by any Federal department or agency from participation in this transaction.
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered
transaction”, must verify each lower tier participant of a “covered transaction” under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1)Checking the System for Award Management at website: https://www.sam.gov.
2)Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or Offeror), above.
3)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 tell a higher tier that it was excluded or
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy,
including suspension and debarment.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II (E)
1)Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2)Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph 1 above.
3)Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
Page 9 of 11 Updated November 12, 2019
other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4)Subcontractors.
The contractor or subcontractor shall insert in anysubcontracts the clauses set forth in paragraphs1
through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 U.S.C. § 1352 – Byrd Anti-Lobbying Amendment; 2 CFR part 200, Appendix II (J); and 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:
1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3)The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, 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 shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Page 10 of 11 Updated November 12, 2019
ROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
BREACH OF CONTRACT TERMS
Reference: 2 CFR § 200 Appendix II (A)
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement.
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.
CLEAN AIR AND WATER POLLUTION CONTROL
Reference: 2 CFR § 200 Appendix II (G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Page 11 of 11 Updated November 12, 2019
GENERAL PROVISIONS
These General Provisions are attached to and made a part of 2.2.8Furnishing the services of independent
the respective Letter Agreement or Master Agreement, dated professional associates or consultants for work beyond the
October 6, 2022 between Blair Airport Authority (“Client”) and Scope of Services.
Olsson, Inc. (“Olsson”) for professional services in connection
with the project or projects arising under such Letter Agreement 2.2.9Services necessary due to the Client’s award of
or Master Agreement (the “Project(s)”).more than one prime contract for the Project(s); services
necessary due to the construction contract containing cost plus
As used herein, the term "this Agreement" refers to these or incentive-savings provisions; services necessary in order to
General Provisions, the applicable Letter Agreement or Master arrange for performance by persons other than the prime
Agreement, and any other exhibits or attachments thereto as if contractor; or those services necessary to administer Client’s
they were part of one and the same document.contract(s).
SECTION 1—OLSSON’S SCOPE OF SERVICES 2.2.10Services in connection with staking out the work
of contractor(s).
Olsson’s scope of services for the Project(s) is set forth in the
applicable Letter Agreement or Master Agreement (“Scope of 2.2.11Services during out-of-town travel or visits to the
Services”).site beyond those specifically identified in this Agreement.
SECTION 2—ADDITIONAL SERVICES 2.2.12Preparation of operating and maintenance
manuals.
2.1Unless otherwise expressly included, Scope of
Services does not include the categories of additional services 2.2.13Services to redesign some or all of the
set forth in Sections 2.2 and 2.3.Project(s).
2.2If Client and Olsson mutually agree for Olsson to 2.2.14Preparing to serve or serving as a consultant or
perform any optional additional services as set forth in this witness or assisting Client with any litigation, arbitration or other
Section 2.2 (“Optional Additional Services”), Client will provide legal or administrative proceeding.
written approval of the agreed-upon Optional Additional
Services, and Olsson shall perform or obtain from others such 2.2.15Services relating to Construction Observation,
services and will be entitled to an increase in compensation at Certification, Inspection, Construction Cost Estimating, project
rates provided in this Agreement. Olsson may elect not to observation, construction management, construction
perform all or any of the Optional Additional Services without scheduling, construction phasing or review of Contractor's
cause or explanation:performance means or methods.
2.2.1Preparation of applications and supporting 2.3Whenever, in its sole discretion, Olsson determines
documents for governmental financial support of the Project(s); additional services as set forth in this Section 2.3 are necessary
preparation or review of environmental studies and related to avoid a delay in the completion of the Project(s) (“Necessary
services; and assistance in obtaining environmental approvals.Additional Services”), Olsson shall perform or obtain from others
such services without waiting for specific instructions from
2.2.2Services to make measured drawings of or to Client, and Olsson will be entitled to an increase in
investigate existing conditions of facilities.compensation for such services at the standard hourly billing
rate charged for those employees performing the services, plus
2.2.3Services resulting from changes in the general reimbursable expenses, if any:
scope, extent or character of the Project(s) or major changes in
documentation previously accepted by Client where changes 2.3.1Services in connection with work directive
are due to causes beyond Olsson's control.changes and/or change orders directed by the Client to any
contractors.
2.2.4Services resulting from the discovery of
conditions or circumstances which were not contemplated by 2.3.2Services in making revisions to drawings and
Olsson at the commencement of this Agreement. Olsson shall specifications occasioned by the acceptance of substitutions
notify Client of the newly discovered conditions or proposed by contractor(s); services after the award of each
circumstances and Client and Olsson shall renegotiate, in good contract in evaluating and determining the acceptability of an
faith, the compensation for this Agreement, if amended terms unreasonable or excessive number of substitutions proposed by
cannot be agreed upon, Olsson may terminate this Agreement contractor(s); or evaluating an unreasonable or extensive
and Olsson shall be paid for its services through the date of number of claims submitted by contractor(s) or others in
termination.connection with the Project(s).
2.2.5Providing renderings or models.2.3.3Services resulting from significant delays,
changes or price increases occurring as a direct or indirect result
2.2.6Preparing documents for alternate bids of material, equipment or energy shortages.
requested by Client.
2.3.4Additional or extended services during
2.2.7Analysis of operations, maintenance or construction made necessary by (1) work damaged during
overhead expenses; value engineering; the preparation of rate construction, (2) a defective, inefficient or neglected work by any
schedules; earnings or expense statements; cash flow or contractor, (3) acceleration of the progress schedule involving
economic evaluations or; feasibility studies, appraisals or services beyond normal working hours, or (4) default by any
valuations.contractor.
Page 1 of 819-3868.01
SECTION 3—CLIENT'S RESPONSIBILITIES
3.4.4Provide engineering surveys to establish
3.1.Client shall provide all criteria and full information as to reference points for construction unless specifically included in
Client's requirements for the Project(s); designate and identify in Olsson’s Scope of Services.
writing a person to act with authority on Client's behalf in respect
of all aspects of the Project(s); examine and respond promptly 3.4.5Furnish approvals and permits from all
to Olsson's submissions; and give prompt written notice to governmental authorities having jurisdiction over the Project(s).
Olsson whenever Client observes or otherwise becomes aware
of any defect in the Olsson’s services.3.4.6If more than one prime contractor is to be
awarded the contract for construction, designate a party to have
3.2Client agrees to pay Olsson the amounts due for responsibility and authority for coordinating and interfacing the
services rendered and expenses within thirty (30) days after activities of the various prime contractors.
Olsson has provided its invoice for such services. In the event
Client disputes any invoice item, Client shall give Olsson written 3.4.7 All fees and other amounts payable by Client
notice of such disputed item within fifteen (15) days after receipt under this Agreement are exclusive of taxes and similar
of such invoice and shall pay to Olsson the undisputed portion of assessments. Without limiting the foregoing, Client is
the invoice according to the provisions hereof. If Client fails to pay responsible and liable for all sales, service, use, and excise
any invoiced amounts when due, interest will accrue on each taxes, and any other similar taxes, duties, and charges of any
unpaid amount at the rate of thirteen percent (13%) per annum kind imposed by any federal, state, county or local governmental
from the date due until paid according to the provisions of this authority on any amounts payable by Client under this
Agreement. Interest shall not be charged on any disputed invoice Agreement, other than any taxes imposed on Olsson’s
item which is finally resolved in Client’s favor. Payment of interest income. In the event any governmental authority assesses
shall not excuse or cure any default or delay in payment of Olsson for taxes, duties, or charges of any kind in connection
amounts due.with Scope of Services provided by Olsson to Client, Olsson
shall be entitled to submit an invoice to Client, its successors or
3.2.1If Client fails to make any payment due Olsson assigns, for the amount of said assessment and related interest
for services and expenses within thirty (30) days after receipt of and penalties. Client shall pay such invoice in accordance with
Olsson's statement therefore, Olsson may, after giving seven (7)
Olsson’s standard payment terms.
days written notice to Client, suspend services to Client under
this Agreement until Olsson has been paid in full all amounts
3.5Client shall pay all costs incident to obtaining bids or
due for services, expenses and charges and Client will not
proposals from contractor(s).
obtain any license to any Work Product or be entitled to retain
or use any Work Product pursuant to Section 7.1 unless and
3.6Client shall pay all permit application review costs for
until Olsson has been paid in full and Client has fully satisfied all
government authorities having jurisdiction over the Project(s).
of its obligations under this Agreement.
3.7Contemporaneously with the execution of this
3.3Payments to Olsson shall not be withheld, postponed
Agreement, Client shall designate in writing an individual to act
or made contingent on the construction, completion or success
as its duly authorized Project(s) representative.
of the Project(s) or upon receipt by the Client of offsetting
reimbursements or credit from other parties who may have
3.8Client shall bear sole responsibility for:
caused the need for additional services. No withholdings,
deductions or offsets shall be made from Olsson’s
3.8.1 Jobsite safety. Neither the professional activities
compensation for any reason unless and until Olsson has been
of Olsson, nor the presence of Olsson or its employees or sub-
found to be legally liable for such amounts.
consultants at the Project shall impose any duty on Olsson
relating to any health or safety laws, regulations, rules, programs
3.4Client shall also do the following and pay all costs
or procedures.
incident thereto:
3.8.2Notifying third parties including any
3.4.1Furnish to Olsson any existing and/or required
governmental agency or prospective purchaser, of the existence
borings, probings or subsurface explorations; hydrographic
of any hazardous or dangerous materials located in or around
surveys; laboratory tests or inspections of samples, materials or
the Project(s) site.
equipment; appropriate professional interpretations of any of the
foregoing; environmental assessment and impact statements;
3.8.3Providing and updating Olsson with accurate
property, boundary, easement, right-of-way, topographic or
information regarding existing conditions, including the
utility surveys; property descriptions; and/or zoning or deed
existence of hazardous or dangerous materials, proposed
restrictions; all of which Olsson may rely upon in performing
Project(s) site uses, any change in Project(s) plans, and all
services hereunder.
subsurface installations, such as pipes, tanks, cables and
utilities within the Project(s) site.
3.4.2Guarantee access to and make all provisions for
Olsson to enter upon public and private property reasonably
3.8.4Providing and assuming all responsibility for:
necessary to perform its services on the Project(s).
interpretation of contract documents; Construction
Observations; Certifications; Inspections; Construction Cost
3.4.3Provide such legal, accounting, independent
Estimating; project observations; construction management;
cost estimating or insurance counseling services as may be
construction scheduling; construction phasing; and review of
required for the Project(s); any auditing service required in
Contractor’s performance, means and methods. Client waives
respect of contractor(s)' applications for payment; and/or any
any claims against Olsson and releases Olsson from liability
inspection services to determine if contractor(s) are performing
relating to or arising out of such services and agrees, to the
the work legally.
fullest extent permitted by law, to indemnify and hold Olsson
Page 2 of 819-3868.01
harmless from any and all damages, liabilities or costs, including construction documents. Any duty under this Agreement is for
reasonable attorneys’ fees and defense costs, relating to such the sole benefit of the Client and not for any third party, including
actions and services.the contractor(s) or any subcontractor(s). Olsson shall sign pre-
printed form certifications only if (a) Olsson approves the form
3.9Client releases Olsson from liability for any incorrect of such certification prior to the commencement of its services,
advice, judgment or decision based on inaccurate information (b) such certification is expressly included in the Scope of
furnished by Client or others.Services, (c) the certification is limited to a statement of
professional opinion and does not constitute a warranty or
3.10If reasonable precautions will be inadequate to prevent guarantee, express or implied. It is understood that any
foreseeable bodily injury or death to persons resulting from a certification by Olsson shall not relieve the Client or the Client’s
material or substance, including hazardous materials, contractors of any responsibility or obligation they may have by
encountered on the site, Olsson may immediately stop work in industry custom or under any contract.
the affected area and report the condition to Client. Client shall
be solely responsible for retaining independent consultant(s) to 4.4“Opinion of Probable Cost”: An opinion of probable
determine the nature of the material and to abate or remove the construction cost made by Olsson. In providing opinions of
material. Olsson shall not be required to perform any services or probable construction cost, it is recognized that neither the
work relating to or in the area of such material until the material Client nor Olsson has control over the costs of labor, equipment
has been removed or rendered harmless and only after or materials, or over the contractor’s methods of determining
approval, if necessary of the government agency with prices or bidding. The opinion of probable construction costs is
jurisdiction.based on Olsson’s reasonable professional judgment and
experience and does not constitute a warranty, express or
SECTION 4—MEANING OF TERMS implied, that the contractor’s bids or the negotiated price of the
work on the Project(s) will not vary from the Client’s budget or
4.1The “Cost of Construction” of the entire Project(s) from any opinion of probable cost prepared by Olsson.
(herein referred to as "Cost of Construction") means the total
cost to Client of those portions of the entire Project(s) designed 4.5“Day”: A calendar day of 24 hours. The term “days”
and specified by Olsson, but it will not include Olsson's shall mean consecutive calendar days of 24 hours each, or
compensation and expenses, the cost of land, rights-of-way, or fraction thereof.
compensation for or damages to, properties unless this
Agreement so specifies, nor will it include Client's legal, 4.6“Construction Observation”: If included in the Scope of
accounting, insurance counseling or auditing services, or Services, such services during construction shall be limited to
interest and financing charges incurred in connection with the periodic visual observation and testing of the work to determine
Project(s) or the cost of other services to be provided by others that the observed work generally conforms to the contract
to Client pursuant to Section 3.documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
4.2The “Salary Costs”: Used as a basis for payment mean agrees that such visual observations are discrete sampling
salaries and wages (base and incentive) paid to all Olsson's procedures and that such procedures indicate conditions that
personnel engaged directly on the Project(s), including, but not exist only at the locations and times the observations were
limited to, engineers, architects, surveyors, designers, performed. Performance of Construction Observation services
draftsmen, specification writers, estimators, other technical and does not constitute a warranty or guarantee of any type, since
business personnel; plus the cost of customary and statutory even with diligent observation, some construction defects,
benefits, including, but not limited to, social security deficiencies or omissions in the work may occur. Olsson shall
contributions, unemployment, excise and payroll taxes, workers' have no responsibility for the means, methods, techniques,
compensation, health and retirement benefits, sick leave, sequences or procedures selected by the contractor or for the
vacation and holiday pay and other group benefits. contractor’s safety precautions and programs nor for failure by
the contractor to comply with any laws or regulations relating to
4.3“Certify” or “a Certification”: If included in the Scope of the performance or furnishing of any work by the contractor.
Services, such services shall be limited to a statement of Client shall hold its contractor(s) solely responsible for the
Olsson’s opinion, to the best of Olsson’s professional quality and completion of the Project(s), including construction
knowledge, information and belief, based upon its periodic in accordance with the construction documents. Any duty under
observations and reasonable review of reports and tests created this Agreement is for the sole benefit of the Client and not for
by Olsson or provided to Olsson. Olsson shall not be responsible any third party, including the contractor or any subcontractor.
for constant or exhaustive observation of the work. Client Client, or its designees shall notify Olsson at least twenty-four
understands and agrees that any certifications based upon (24) hours in advance of any field tests and observations
discrete sampling observations and that such observations required by the construction documents.
indicate conditions that exist only at the locations and times the
observations were performed. Performance of such observation 4.7“Inspect” or “Inspection”: If included in the Scope of
services and certification does not constitute a warranty or Services, such services shall be limited to the periodic visual
guarantee of any type, since even with diligent observation, observation of the contractor’s completed work to permit Olsson,
some construction defects, deficiencies or omissions in the work as an experienced and qualified professional, to determine that
may occur. Olsson shall have no responsibility for the means, the observed work, generally conforms to the contract
methods, techniques, sequences or procedures selected by the documents. Olsson shall not be responsible for constant or
contractor(s) or for the contractor’s safety precautions and exhaustive observation of the work. Client understands and
programs nor for failure by the contractor(s) to comply with any agrees that such visual observations are discrete sampling
laws or regulations relating to the performance or furnishing of procedures and that such procedures indicate conditions that
any work by the contractor(s). Client shall hold its contractor(s) exist only at the locations and times the observations were
solely responsible for the quality and completion of the performed. Performance of such observation services does not
Project(s), including construction in accordance with the constitute a warranty or guarantee of any type, since even with
Page 3 of 819-3868.01
diligent observation, some construction defects, deficiencies or fees, costs or expenses incurred by Olsson in preparing or
omissions in the work may occur. Olsson shall have no negotiating any proposals submitted to Client for Olsson’s
responsibility for the means, methods, techniques, sequences Scope of Services or Optional Additional Services under this
or procedures selected by the contractor(s) or for the Agreement and all other expenses directly resulting from the
contractor’s safety precautions and programs nor for failure by termination and a reasonable profit of ten percent (10%) of
the contractor(s) to comply with any laws or regulations relating Olsson’s actual costs (including overhead) incurred.
to the performance or furnishing of any work by the
contractor(s). Client shall hold its contractor(s) solely SECTION 6—DISPUTE RESOLUTION
responsible for the quality and completion of the Project(s),
including construction in accordance with the construction 6.1.Mediation
documents. Any duty under this Agreement is for the sole benefit
of the Client and not for any third party, including the 6.1.1All questions in dispute under this Agreement
contractor(s) or any subcontractor(s). Client, or its designees, shall be submitted to mediation. On the written notice of either
shall notify Olsson at least twenty-four (24) hours in advance of party to the other of the election to submit any dispute under this
any inspections required by the construction documents.Agreement to mediation, each party shall designate their
representatives and shall meet within ten (10) days after the
4.8“Record Documents”: Drawings prepared by Olsson service of the notice. The parties themselves shall then attempt
upon the completion of construction based upon the drawings to resolve the dispute within ten (10) days of meeting.
and other data furnished to Olsson by the Contractor and others
showing significant changes in the work on the Project(s) made 6.1.2Should the parties themselves be unable to
during construction. Because Record Documents are prepared agree on a resolution of the dispute, and then the parties shall
based on unverified information provided by others, Olsson appoint a third party who shall be a competent and impartial
makes no warranty of the accuracy or completeness of the party and who shall be acceptable to each party, to mediate the
Record Documents.dispute. Any third party mediator shall be qualified to evaluate
the performance of both of the parties, and shall be familiar with
SECTION 5—TERMINATION the design and construction progress. The third party shall meet
to hear the dispute within ten (10) days of their selection and
5.1Either party may terminate this Agreement, for cause shall attempt to resolve the dispute within fifteen (15) days of
upon giving the other party not less than seven (7) calendar days first meeting.
written notice of default for any of the following reasons;
provided, however, that the notified party shall have the same 6.1.3Each party shall pay the fees and expenses of
seven (7) calendar day period in which to cure the default:the third party mediator and such costs shall be borne equally
by both parties.
5.1.1Substantial failure by the other party to perform
in accordance with the terms of this Agreement and through no 6.2Arbitration or Litigation
fault of the terminating party;
6.2.1Olsson and Client agree that from time to time,
5.1.2Assignment of this Agreement or transfer of the there may be conflicts, disputes and/or disagreements between
Project(s) by either party to any other entity without the prior them, arising out of or relating to the services of Olsson, the
written consent of the other party;Project(s), or this Agreement (hereinafter collectively referred to
as “Disputes”) which may not be resolved through mediation.
5.1.3Suspension of the Project(s) or Olsson’s Therefore, Olsson and Client agree that all Disputes shall be
services by the Client for more than ninety (90) calendar days, resolved by binding arbitration or litigation at the sole discretion
consecutive or in the aggregate.and choice of Olsson. If Olsson chooses arbitration, the
arbitration proceeding shall proceed in accordance with the
5.2In the event of a “for cause” termination of this Construction Industry Arbitration Rules of the AAA.
Agreement by either party, the Client shall, within fifteen (15)
calendar days after receiving Olsson’s final invoice, pay Olsson 6.2.2Client hereby agrees that Olsson shall have the
for all services rendered and all reimbursable costs incurred by right to include Client, by consolidation, joinder or other manner,
Olsson up to the date of termination, in accordance with the in any arbitration or litigation involving Olsson and a
payment provisions of this Agreement.subconsultant or subcontractor of Olsson or Olsson and any
other person or entity, regardless of who originally initiated such
5.2.1In the event of a “for cause” termination of this proceedings.
Agreement by Client and (a) a final determination of default is
entered against Olsson under Section 6.2 and (b) Client has fully 6.2.3If Olsson chooses arbitration or litigation, either
satisfied all of its obligations under this Agreement, Olsson shall may be commenced at any time prior to or after completion of
grant Client a limited license to use the Work Product pursuant the Project(s), provided that if arbitration or litigation is
to Section 7.1.commenced prior to the completion of the Project(s), the
obligations of the parties under the terms of this Agreement shall
5.3The Client may terminate this Agreement for the not be altered by reason of the arbitration or litigation being
Client’s convenience and without cause upon giving Olsson not conducted. Any arbitration hearings or litigation shall take place
less than seven (7) calendar days written notice. In the event of in Lincoln, Nebraska, the location of Olsson’s home office.
any termination that is not the fault of Olsson, the Client shall
pay Olsson, in addition to payment for services rendered and 6.2.4The prevailing party in any arbitration or
reimbursable costs incurred, for all expenses reasonably litigation relating to any Dispute shall be entitled to recover from
incurred by Olsson in connection with the orderly termination of the other party those reasonable attorney fees, costs and
this Agreement, including but not limited to demobilization, expenses incurred by the prevailing party in connection with the
reassignment of personnel, associated overhead costs, any Dispute.
Page 4 of 819-3868.01
6.3Certification of Merit professional associates or consultants, and Client shall
indemnify and hold harmless Olsson and Olsson's independent
Client agrees that it will not assert any claim, including but not professional associates and consultants from all claims,
limited to, professional negligence, negligence, breach of damages, losses and expenses including attorneys' fees arising
contract, misconduct, error, omission, fraud, or out of or resulting therefrom. Any such verification or adaptation
misrepresentation (“Claim”) against Olsson, or any Olsson of Work Product will entitle Olsson to further compensation at
subconsultant, unless Client has first provided Olsson with a rates to be agreed upon by Client and Olsson.
sworn certificate of merit affidavit setting forth the factual and
legal basis for such Claim (the “Certificate”). The Certificate 7.2Electronic Files
shall be executed by an independent engineer (“Certifying
Engineer”) currently licensed and practicing in the jurisdiction of By accepting and utilizing any electronic file of any Work Product
the Project site. The Certificate must contain: (a) the name and or other data transmitted by Olsson, the Client agrees for itself,
license number of the Certifying Engineer; (b the qualifications its successors, assigns, insurers and all those claiming under or
of the Certifying Engineer, including a list of all publications through it, that by using any of the information contained in the
authored in the previous 10 years and a list of all cases in which attached electronic file, all users agree to be bound by the
the Certifying Engineer testified within the previous 4 years ; (c) following terms. All of the information contained in any electronic
a statement by the Certifying Engineer setting forth the factual file is the work product and instrument of service of Olsson, who
basis for the Claim; (d) a statement by the Certifying Engineer shall be deemed the author, and shall retain all common law,
of each and every act, error, or omission that the Certifying statutory law and other rights, including copyrights, unless the
Engineer contends supports the Claim or any alleged violation same have previously been transferred in writing to the Client.
of any applicable standard of care; (e) a statement by the The information contained in any electronic file is provided for
Certifying Engineer of all opinions the Certifying Engineer holds the convenience to the Client and is provided in “as is” condition.
regarding the Claim or any alleged violation of any applicable The Client is aware that differences may exist between the
standard of care; (f) a list of every document related to the electronic files transferred and the printed hard-copy original
Project reviewed by the Certifying Engineer; and (g) a list of signed and stamped drawings or reports. In the event of a
every individual who provided Certifying Engineer with any conflict between the signed original documents prepared by
information regarding the Project. The Certificate shall be Olsson and the electronic files, which may be transferred, the
provided to Olsson not less than thirty (30) days prior to any signed and sealed original documents shall govern. Olsson
arbitration or litigation commenced by Client or not less than ten specifically disclaims all warranties, expressed or implied,
(10) days prior to the initial response submitted by Client in any including without limitation, and any warranty of merchantability
arbitration or litigation commenced by someone other than or fitness for a particular purpose with respect to any electronic
Client. The Certificate is a condition precedent to the right of files. It shall be Client’s responsibility to confirm the accuracy of
Client to assert any Claim in any litigation or arbitration and the information contained in the electronic file and that it
Client’s failure to timely provide a Certificate to Olsson will be accurately reflects the information needed by the Client. Client
grounds for automatic dismissal of the Claim with prejudice. shall not retransmit any electronic files, or any portion thereof,
without including this disclaimer as part of any such
SECTION 7—MISCELLANEOUS transmissions. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless Olsson, its
7.1Reuse of Documents officers, directors, employees and sub consultants against any
and all damages, liabilities, claims or costs, including
All documents, including drawings, specifications, reports, reasonable attorney’s and expert witness fees and defense
boring logs, maps, field data, data, test results, information, costs, arising from any changes made by anyone other than
recommendations, or opinions prepared or furnished by Olsson Olsson or from any reuse of the electronic files without the prior
(and Olsson's independent professional associates and written consent of Olsson.
consultants) pursuant to this Agreement (“Work Product”), are
all Olsson’s instruments of service, do not constitute goods or 7.3Opinion of Probable Cost
products, and are copyrighted works of Olsson. Olsson shall
retain an ownership and property interest in such Work Product Since Olsson has no control over the cost of labor, materials,
whether or not the Project(s) is completed. If Client has fully equipment or services furnished by others, or over the
satisfied all of its obligations under this Agreement, Olsson shall contractor(s)' methods of determining prices, or over competitive
grant Client a limited license to use the Work Product and Client bidding or market conditions, Olsson's Opinion of Probable Cost
may make and retain copies of Work Product for use in provided for herein is made on the basis of Olsson's experience
connection with the Project(s); however, such Work Product is and qualifications and represent Olsson's best judgment as an
for the exclusive use and benefit of Client or its agents in experienced and qualified professional engineer, familiar with
connection with the Project(s), are not intended to inform, guide the construction industry. Client acknowledges and agrees that
or otherwise influence any other entities or persons with respect Olsson cannot and does not guarantee proposals or bids and
to any particular business transactions, and should not be relied that actual total Project(s) or construction costs may reasonably
upon by any entities or persons other than Client or its agents vary from Olsson’s Opinion of Probable Cost. If prior to the
for any purpose other than the Project(s). Such Work Product is bidding or negotiating phase Client wishes greater assurance as
not intended or represented to be suitable for reuse by Client or to total Project(s) or construction costs, Client shall employ an
others on extensions of the Project(s) or on any other Project(s). independent cost estimator as provided in paragraph 3.4.3. If
Client will not distribute or convey such Work Product to any Olsson’s Opinion of Probable Cost was performed in
other persons or entities without Olsson's prior written consent accordance with its standard of care and was reasonable under
which shall include a release of Olsson from liability and the total circumstances, any services performed by Olsson to
indemnification by the third party. Any reuse of Work Product modify the contract documents to bring the construction cost
without written verification or adaptation by Olsson for the within any limitation established by Client will be considered
specific purpose intended will be at Client's sole risk and without Optional Additional Services and paid for as such by Client. If,
liability or legal exposure to Olsson, or to Olsson's independent however, Olsson’s Opinion of Probable Cost was not performed
Page 5 of 819-3868.01
in accordance with its standard of care and was unreasonable employment individuals without regard to race, color, religion,
under the total circumstances and the lowest negotiated bid for sex, sexual orientation, gender identity, national origin, disability
construction of the Project(s) unreasonably exceeds Olsson's or veteran status.
Opinion of Probable Cost, Olsson shall modify its work as
necessary to adjust the Project(s)’ size, and/or quality to 7.9Confidentiality
reasonably comply with the Client’s budget at no additional cost
to Client. Under such circumstances, Olsson’s modification of its In performing this Agreement, the parties may disclose to each
work at no cost shall be the limit of Olsson’s responsibility with other written, oral, electronic, graphic, machine-readable,
regard to any unreasonable Opinion of Probable Cost.tangible or intangible, non-public, confidential or proprietary data
or information in any form or medium, including but not limited
7.4Prevailing Wages to: (1) information of a business, planning, marketing,
conceptual, design, or technical nature; (2) models, tools,
It is Client's responsibility to determine whether the Project(s) is hardware, software or source code; and (3) any documents,
covered under any prevailing wage regulations. Unless Client videos, photographs, audio files, data, studies, reports,
specifically informs Olsson in writing that the Project(s) is a flowcharts, works in progress, memoranda, notes, files or
prevailing wage project and is identified as such in the Scope of analyses that contain, summarize or are based upon any non-
Services, Client agrees to reimburse Olsson and to defend, public, proprietary or confidential information (hereafter referred
indemnify and hold harmless Olsson from and against any to as the "Information"). The Information is not required to be
liability, including costs, fines and attorneys' fees, resulting from marked as confidential.
a subsequent determination that the Project(s) was covered
under any prevailing wage regulations.7.9.1Therefore, Olsson and Client agree that the
party receiving Information from the other party to this
7.5Samples Agreement (the “Receiving Party”) shall keep Information
confidential and not use the Information in any manner other
All material testing samples shall remain the property of the than in the performance of this Agreement without prior written
Client. If appropriate, Olsson shall preserve samples obtained approval of the party disclosing Information (the “Disclosing
no longer than forty-five (45) days after the issuance of any Party”) unless Client is a public entity and the release of
document that includes the data obtained from those samples. Information is required by law or legal process.
After that date, Olsson may dispose of the samples or return
them to Client at Client's cost.7.9.2 Prior to the start of construction on the Project,
the existence of discussions between the parties, the purpose
7.6Standard of Care of this Agreement, and this Agreement shall be considered
Information subject to the confidentiality provisions of this
Olsson will strive to perform its services in a manner consistent Agreement.
with that level of care and skill ordinarily exercised by members
of Olsson’s profession providing similar services in the same 7.9.3 Notwithstanding anything to the contrary herein,
locality under similar circumstances at the time Olsson’s the Receiving Party shall have no obligation to preserve the
services are performed. This Agreement creates no other confidentiality of any Information which:
representation, warranty or guarantee, express or implied.
7.9.3.1was previously known to the Receiving
7.7Force Majeure Party free of any obligation to keep it confidential; or
Any delay in the performance of any of the duties or obligations 7.9.3.2 is or becomes publicly available by other
of either party hereto (except the payment of money) shall not than unauthorized disclosures; or
be considered a breach of this Agreement and the time required
for performance shall be extended for a period equal to the 7.9.3.3is independently developed by the
period of such delay, provided that such delay has been caused Receiving Party without a breach of this Agreement; or
by or is the result of any acts of God, acts of the public enemy,
insurrections, riots, embargoes, labor disputes, including strikes, 7.9.3.4 is disclosed to third parties by the
lockouts, job actions, boycotts, fires, explosions, floods, Disclosing Party without restrictions; or
shortages of material or energy, or other unforeseeable causes
beyond the control and without the fault or negligence of the 7.9.3.5is received from a third party not subject to
party so affected. The affected party shall give prompt notice to any confidentiality obligations.
the other party of such cause, and shall take promptly whatever
reasonable steps are necessary to relieve the effect of such 7.9.4In the event that the Receiving Party is required
cause.by law or legal process to disclose any of Information of the
Disclosing Party, the Receiving Party required to disclose such
7.8Equal Employment Opportunity Information shall provide the Disclosing Party with prompt oral
and written notice, unless notice is prohibited by law (in which
Olsson and any sub-consultant or subcontractor shall abide by case such notice shall be provided as early as may be legally
the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-permissible), of any such requirement so that the Disclosing
741.5(a). These regulations prohibit discrimination against Party may seek a protective order or other appropriate remedy.
qualified individuals based on their status as protected veterans
or individuals with disabilities, and prohibit discrimination against 7.9.5Notwithstanding anything to the contrary herein
all individuals based on their race, color, religion, sex, sexual (or to the contrary of any existing or future nondisclosure,
orientation, gender identity or national origin. Moreover, these confidentiality or similar agreement between the parties), Olsson
regulations require that covered prime contractors and is authorized, to use, display, reproduce, publish, transmit, and
subcontractors take affirmative action to employ and advance in distribute Information (including, but not limited to, videos and
Page 6 of 819-3868.01
photographs of the Project) on and in any and all formats and Waste Manifest, Bill of Lading or other similar documents shall
media (including, but not limited to, Olsson’s internet website) be completed in the name of the Client. Client agrees to
throughout the world and in all languages in connection with or indemnify and hold Olsson harmless from any and all claims that
in any manner relating to the marketing, advertising, selling, Olsson is a generator, arranger, transporter, or disposer of
qualifying, proposing, commercializing, and promotion of Olsson hazardous waste as a result of any actions of Olsson, including,
and/or its services and business and in connection with any but not limited to, Olsson signing a Hazardous Waste Manifest,
other lawful purpose of Olsson. In the event of any conflict or Bill of Lading or other form on behalf of Client.
inconsistency between the provisions of this section and any
other prior or future nondisclosure, confidentiality or similar 7.10.3At any time, Olsson can request in writing that
agreement between the parties, the terms of this section shall Client remove samples, cuttings and hazardous substances
generated by the Project(s) from the project site or other
take precedence.
location. Client shall promptly comply with such request, and
pay and be responsible for the removal and lawful disposal of
7.9.6 Nothing contained in this Agreement shall be
samples, cuttings and hazardous substances, unless other
construed as altering any rights that the Disclosing Party has in
arrangements are mutually agreed upon in writing.
the Information exchanged with or disclosed to the Receiving
Party, and upon request, the Receiving Party will return all
7.10.4Client shall release Olsson of any liability for,
Information received in tangible form to the Disclosing Party, or
and shall defend and indemnify Olsson against any and all
at the Receiving Party’s option, destroy all such Information. If
claims, liability and expense resulting from operations under this
the Receiving Party exercises its option to destroy the
Agreement on account of injury to, destruction of, or loss or
Information, the Receiving Party shall certify such destruction to
impairment of any property right in or to oil, gas, or other mineral
the Disclosing Party.
substance or water, if at the time of the act or omission causing
such injury, destruction, loss or impairment, said substance had
7.9.7 The parties acknowledge that disclosure or use
not been reduced to physical possession above the surface of
of Information in violation of this Agreement could cause
the earth, and for any loss or damage to any formation, strata,
irreparable harm for which monetary damages may be difficult
reservoir beneath the surface of the earth.
to ascertain or constitute an inadequate remedy. Each party
therefore agrees that the Disclosing Party shall be entitled in
7.10.5Notwithstanding anything to the contrary
addition to its other rights to seek injunctive relief for any
contained herein, it is understood and agreed by and between
violation of this Agreement.
Olsson and Client that the responsibility for pollution and
contamination shall be as follows:
7.9.8 The obligations of confidentiality set forth herein
shall survive termination of this Agreement but shall only remain
7.10.5.1Unless otherwise provided herein, Client
in effect for a period of one (1) year from the date the Information
shall assume all responsibility for, including control and removal
is first disclosed.
of, and protect, defend and save harmless Olsson from and
against all claims, demands and causes of action of every kind
7.10Damage or Injury to Subterranean Structures or
and character arising from pollution or contamination (including
Utilities, Hazardous Materials, Pollution and Contamination
naturally occurring radioactive material) which originates above
the surface of the land or water from spills of fuels, lubricants,
7.10.1To the extent that work pursuant to this
motor oils, pipe dope, paints, solvents, ballast, bilge and
Agreement requires any sampling, boring, excavation, ditching
garbage, except unavoidable pollution from reserve pits, wholly
or other disruption of the soil or subsurface at the Site, Olsson
in Olsson’s possession and control and directly associated with
shall confer with Client prior to such activity and Client will be
Olsson’s equipment.
responsible for identifying, locating and marking, as necessary,
any private subterranean structures or utilities and Olsson shall
7.10.5.2In the event a third party commits an act or
be responsible for arranging investigation of public subterranean
omission which results in pollution or contamination for which
structures or utilities through an appropriate utility one-call
either Olsson or Client, for whom such party is performing work,
provider. Thereafter, Olsson shall take all reasonable
is held to be legally liable, the responsibility therefore shall be
precautions to avoid damage or injury to subterranean
considered as between Olsson and Client, to be the same as if
structures or utilities which were identified by Client or the one-
the party for whom the work was performed had performed the
call provider. Olsson shall not be responsible for any damage,
same and all of the obligations regarding defense, indemnity,
liability or costs, for any property damage, injury or economic
holding harmless and limitation of responsibility and liability, as
loss arising or allegedly arising from damages to subterranean
set forth herein, shall be specifically applied.
structures or utilities caused by subsurface penetrations in
locations approved by Client and/or the one call provider or not
7.11Controlling Law and Venue
correctly shown on any plans, drawings or utility clearance
provided to Olsson, except for damages caused by the
The parties agree that this Agreement and any legal actions
negligence of Olsson in the use of such information.
concerning its validity, interpretation or performance shall be
governed by the laws of the State of Nebraska. It is further
7.10.2It is understood and agreed that any assistance
agreed that any legal action between the parties arising out of
Olsson may provide Client in the disposal of waste materials
this Agreement or the performance of services shall be brought
shall not result in Olsson being deemed as a generator,
in a court of competent jurisdiction in Nebraska.
arranger, transporter or disposer of hazardous materials or
hazardous waste as defined under any law or regulation. Title to
all samples and waste materials remains with Client, and at no
time shall Olsson take title to the above material. Client may
authorize Olsson to execute Hazardous Waste Manifest, Bill of
Lading or other forms as agent of Client. If Client requests
Olsson to execute such documents as its agent, the Hazardous
Page 7 of 819-3868.01
7.12Subconsultants or to this Agreement. This mutual waiver of delay damages and
consequential damages shall include, but is not limited to,
Olsson may utilize as necessary in its discretion subconsultants disruptions, accelerations, inefficiencies, increased construction
and other subcontractors. Olsson will be paid for all services costs, increased home office overhead, loss of use, loss of profit,
rendered by its subconsultants and other subconsultants as set loss of business, loss of income, loss of reputation or any other
forth in this Agreement.delay or consequential damages that either party may have
incurred from any cause of action including, but not limited to,
7.13Assignment negligence, statutory violations, misrepresentation, fraud,
deceptive trade practices, breach of fiduciary duties, strict
7.13.1Client and Olsson each are hereby bound and liability, breach of contract and/or breach of strict or implied
the partners, successors, executors, administrators and legal warranty. Both the Client and Olsson shall require similar
representatives of Client and Olsson (and to the extent waivers of consequential damages protecting all the entities or
permitted by paragraph 7.13.2 the assigns of Client and Olsson) persons named herein in all contracts and subcontracts with
are hereby bound to the other party to this Agreement and to the others involved in the Project(s).
partners, successors, executors, administrators and legal
representatives (and said assigns) of such other party, in 7.15.3Notwithstanding any other provision of this
respect of all covenants, agreements and obligations of this Agreement, Client agrees that, to the fullest extent permitted by
Agreement.law, Olsson’s total liability to the Client for any and all injuries,
claims, losses, expenses, damages, or claims expenses of any
7.13.2Neither Client nor Olsson shall assign, sublet or kind arising from any services provided by or through Olsson
transfer any rights under or interest in (including, but without under this Agreement, shall not exceed the amount of Olsson’s
limitation, moneys that may become due or moneys that are fee earned under this Agreement. Client acknowledges that
due) this Agreement without the written consent of the other, such causes include, but are not limited to, negligence, statutory
except to the extent that any assignment, subletting or transfer violations, misrepresentation, fraud, deceptive trade practices,
is mandated by law or the effect of this limitation may be breach of fiduciary duties, strict liability, breach of contract
restricted by law. Unless specifically stated to the contrary in any and/or breach of strict or implied warranty. This limitation of
written consent to an assignment, no assignment will release or liability shall apply to all phases of Olsson’s services performed
discharge the assignor from any duty or responsibility under this in connection with the Project(s), whether subsequent to or prior
Agreement. Nothing contained in this paragraph shall prevent to the execution of this Agreement.
Olsson from employing such subconsultants and other
subcontractors as Olsson may deem appropriate to assist in the 7.16Entire Agreement
performance of services under this Agreement.
This Agreement supersedes all prior communications,
7.13.3Nothing under this Agreement shall be understandings and agreements, whether oral or written.
construed to give any rights or benefits in this Agreement to Amendments to this Agreement must be in writing and signed
anyone other than Client and Olsson, and all duties and by the Client and Olsson.
responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of Client and Olsson and not
for the benefit of any other party. There are no third-party
beneficiaries of this Agreement.
7.14Indemnity
Olsson and Client mutually agree, to the fullest extent permitted
by law, to indemnify and hold each other harmless from any and
all damages, liabilities or costs, including reasonable attorneys’
fees and defense costs, relating to third party personal injury or
third party property damage and arising from their own negligent
acts, errors or omissions in the performance of their services
under this Agreement, but only to the extent that each party is
responsible for such damages, liabilities or costs on a
comparative basis of fault.
7.15Limitation on Damages
7.15.1Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
party’s individual employees, principals, officers or directors
shall be subject to personal liability or damages arising out of or
connected in any way to the Project(s) or to this Agreement.
7.15.2Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
Client nor Olsson, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any delay damages, any
punitive damages or any incidental, indirect or consequential
damages arising out of or connected in any way to the Project(s)
Page 8 of 819-3868.01
August10,2022
Attn:
Mr.MikeHodge
OlssonAssociates
601PStreet
Lincoln,Nebraska68508
RE:OverheadExpenseFactor
DearMike,
Inresponsetoyourrequest,wehaveprovidedarecapofthecomputedamountofoverheadexpenses
incurredin2021basedontheauditedSchedulesofIndirectCostsandCostswithAdjustmentsasofand
fortheyearendedDecember31,2021.SummarizedbelowisyourFARCombinedOverheadRatethatis
detailedintheaudit:
CombinedFAROverheadRate(IncludingComputerExpenses)Α181.95%
TotalFringeBenefits$30,951,064
TotalGeneralandAdministrativeExpenses94,093,626
ComputerExpenses12,946,444
Subtotal$137,991,134
Lesscomputerexpensesalreadyincludedin
generalandadministrativeexpenses(717,300)
Subtotal137,273,834
DividedbyDirectLabor75,445,109
$1.8195
InSummary,forevery$1.00ofdirectlaborpaid,thereis$1.82inoverheadexpensesattributabletothat
labor.
Sincerely,
LUTZ&COMPANY,P.C.
TaylorKendall
Shareholder