ADDENDUM NO. ONE (1)

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1 The Wilson Group: Terminal Renovation & Expansion Talbert, Bright & Ellington: May 14, 2018 Date: May 14, 2018 ADDENDUM NO. ONE (1) RE: From: To: The Wilson Group PO Box 5510 Charlotte, NC All Plan Holders This Addendum is hereby made a part of the contract documents and specifications of the above referenced project. All other requirements of the original specification shall remain in effect in their respective order. Acknowledge receipt of this Addendum by inserting its number and date in the form. PROJECT MANUAL 1. REMOVE Fire Protection from Item 1.2 of Section SEALS PAGE. 2. REPLACE Section PRO PROPOSAL with the Section provided with this Addendum. QUESTIONS AND ANSWERS 1. QUESTION: Can calendar day length be lengthened? 180 days is recommended by the GCs. ANSWER: Question is under review and answer unavailable at this time. 2. QUESTION: Can LDs be reduced? $500 per day is recommended by the GCs. ANSWER: Question is under review and answer unavailable at this time. 3. QUESTION: What is the Engineer s cost estimate? ANSWER: Information will not be provided. 4. QUESTION: What is retainage? Are there formulas for reduction in retainage as the project progresses? ANSWER: Retainage is 10% as described in section 90-06, 90-08, and PSP-13 & 14. Reductions are at the Engineer s and Owner s discretion. 5. QUESTION: Is Davis Bacon required? Is wage determination in the spec? How are designations made? ANSWER: Davis Bacon Wage rates are required. The wage determination for building and highway projects is included in section EEO starting at page EEO QUESTION: Is Contractor required to hold prices for 120 days? ANSWER: Yes. 7. QUESTION: Is there a specific form for the Bid Bond? Is the AIA form acceptable? ANSWER: AIA is acceptable. ADDENDUM NO. 1 AD-01 PAGE 1 OF 3

2 The Wilson Group: Terminal Renovation & Expansion Talbert, Bright & Ellington: May 14, QUESTION: Is normal permitting required or County Permit? Is business license required? Who is performing inspections (Chapter 1)? ANSWER: Question is under review and answer unavailable at this time. 9. QUESTION: Is Builder s Risk by the GC? ANSWER: Yes 10. QUESTION: Are DBEs required to be SCDOT qualified? Whose rule requirements are to be followed (DOT or FAA)? ANSWER: Yes DBE must be on the current list at the time of bidding. See Spec page PRO-12 for website link. 11. QUESTION: In the bid form, if the GC is meeting the DBE requirement, what is required to divulge? What DBE Exhibits are required to be submitted with Bid? Are Contracts with DBEs required to be provided? ANSWER: Per PRO-12 #10 Submit DBE committal sheet, see DBE-6 #8 12. QUESTION: Are Special Inspections (Chapter 17) required? ANSWER: There are no Special Inspections required. 13. QUESTION: How are errors in unit prices and extended totals in the bid form rectified? Is this reviewed before bid or after bid? ANSWER: The Engineer will review your bids and that review includes verifying that the numbers are correct. 14. QUESTION: What items are required to be tested? ANSWER: Everything as defined by the plans or the specs. Section and are helpful. The owner is responsible for Quality Assurance (QA) and the General Contractor is responsible for Quality Control (QC). The GC will be responsible for compensating Owner for failed QA tests. 15. QUESTION: What are additional LDs identified in the proposal section? ANSWER: Two phase in the project L.D. s for the total contract days and a phase of 5 days with L.D. s. There are also L.D. s defined on page PSP-13 that references contractor communication with the onsite construction observer. 16. QUESTION: What are specifications for Fire Protection referring to? ANSWER: They are not applicable. 17. QUESTION: Is everything listed in the specifications compliant with Buy American provisions? ANSWER: The project requires meeting the Buy American section of the specs. 18. QUESTION: Are there seeding requirements? Can sod be used in lieu of (ILO) seed? ANSWER: There is temporary and permanent seeding on the schedule of values that is included in Addendum 1. The use of sod will be reviewed once the project goes into construction. 19. QUESTION: Can you clarify Buy American requirements on PRO-16? ADDENDUM NO. 1 AD-01 PAGE 2 OF 3

3 The Wilson Group: Terminal Renovation & Expansion Talbert, Bright & Ellington: May 14, 2018 ANSWER: The contractor is required to read this section and check what they decide is applicable to the project. They can only check one box but must check one. ATTACHMENTS 1. PRE-BID MEETING AGENDA 2. PRE-BID MEETING SIGN-IN SHEET 3. PRE-BID MEETING MINUTES 4. PROPOSAL (AD-01) END OF ADDENDUM NO. ONE (1) ADDENDUM NO. 1 AD-01 PAGE 3 OF 3

4 The Wilson Group Project No.: Terminal Renovation and Expansion Talbert, Bright & Ellington Project No.: May 10, Sign-in Sheet 2. Introductions PRE-BID MEETING AGENDA TERMINAL RENOVATION & EXPANSION 3. Scope of Project / Description NEWBERRY COUNTY AIRPORT NEWBERRY, SOUTH CAROLINA PRE-BID MEETING: MAY 10, 2018, 10:00 A.M. NEWBERRY COURTHOUSE ANNEX CONFERENCE ROOM a. Construction Drawings dated May 1, 2018 b. Project Manual 1 Volume dated May 1, 2018 c. All work will be performed per the Contract Documents 4. Plans available through: ARC Document Solutions 819 State Street Columbia, SC Phone: (803) Plan holders list: Contract time: 120 Calendar Days Liquidated damages: $ per calendar day 7. Bid Packet Requirements 8. Specifications a. Bid Bond b. Completed Section (E-Bid Form is available by ing request to travis@twgarchitects.com) c. Completed DBE Section a. DBE Section i. Forms need to be completed and included with your bid. It is very important that the goal of 8.2% is met or the contractor show a good faith effort (Advertisements, phone logs, letters, etc.). Failure to include this can result in a rejected bid. b. Section 20 Requirements and Conditions i. Quantities are estimates for quantities for comparison of bids only. ii. Written words are required in the proposal. iii. Addenda shall be acknowledged in the proposal by number and date. At least one (1) addendum will be issued. iv. Bid Bond / Certified Check of 5% of bid price must be submitted. v. DBE forms. PRE-BID MEETING AGENDA PAGE 1 OF 2

5 The Wilson Group Project No.: Terminal Renovation and Expansion Talbert, Bright & Ellington Project No.: May 10, 2018 c. Section 70 Legal Regulations and Responsibility to Public i. The Contractor shall procure all Permits, Licenses and Taxes. ii. Workmen s Compensation and Employer s Liability Insurance minimum limit of $100,000. iii. Comprehensive General Liability Insurance & Automobile Liability Insurance shall have single limits of at least $1,000, per occurrence iv. Builder s Risk Insurance (Property Insurance) d. Project Special Provisions i. Record Drawings Contractor shall maintain a set of as constructed plans on the project at all times. As built plans shall be delivered to the Engineer prior to final acceptance. ii. Testing Owner will supply QA testing. Contractor is responsible for QC testing. The Contractor will be responsible to pay for all retests of failing materials. iii. Progress meetings will be held during the duration of the project. TBD iv. Contractor is responsible for all taxes and licenses. e. Safety and Security Requirements i. It is the Owner s intent to minimize interference with aircraft activity. It is recommended that Contractors be familiar with this section. f Bidder s Request for Information Form i. This form, along with required attachments, must be completed and submitted (via ) no later than 5:00 PM (local time) Wednesday, May 18, g Bidder s Substitution Request Form i. This form, along with required attachments, must be completed and submitted (via ) no later than 5:00 PM (local time) Wednesday, May 18, h Temporary Facilities and Controls i. It is the Contractor s responsibility to provide temporary facilities (including, but not limited to, all utilities) in order to construct the project. 9. Permitting & Approvals Status 10. Davis Bacon Requirements We Need to follow both Building and Highway. 11. Buy American Clause 12. Addendum 1 Items (intend to publish on May 14, 2018) a. Pre-Bid Meeting Agenda b. Pre-Bid Meeting Minutes c. Pre-Bid Meeting Sign-in Sheet d. Known Items: i. ii. iii. e. Questions & Answers PRE-BID MEETING AGENDA PAGE 2 OF 2

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8 The Wilson Group: Terminal Renovation & Expansion Talbert, Bright & Ellington: May 14, 2018 PRE-BID MEETING MINUTES TERMINAL RENOVATION & EXPANSION NEWBERRY COUNTY AIRPORT NEWBERRY, SOUTH CAROLINA PRE-BID MEETING: MAY 10, 2018, 10:00 A.M. NEWBERRY COURTHOUSE ANNEX CONFERENCE ROOM Attendees: See Sign-in Sheet Distribution: All Attendees, via- plus: Author: Travis Pence 1. Agenda was followed. Sign-in Sheet distributed. 2. Additional items that were discussed: o Submit questions in accordance with project specifications (in writing via to Travis Pence) o Agenda, Sign-in Sheet, Questions & Answers will be in Addendum 1. Official answers to any questions will be via addendum and are part of the Contract. o Electronic copies of proposal section are available. request to Travis. Be advised the Bid Form may change through Addenda and GC is responsible for submitting correct Form. o DBEs need to be on the certification list at time of bid. See Spec page PRO-12 for website link o Bid Form is going to be revised in Addendum. Civil items will be unit quantities. Building will be lump sum. Civil engineer has determined quantities for bidding. General Contractor will be paid for placed quantities, whether over or under the estimated quantity. o Written words are required on Bid Form. o FAA has reviewed and approved the project. Project has been submitted to DHEC and is under review Building has not been submitted for permit review. An encroachment permit has not been requested. o Addenda need to be acknowledged in the bid form. o Liquidated Damages (LDs) associated with 5-day taxiway closure are not necessarily contiguous days. These LDs are separate from the building contract work LDs. o For access to the existing building contact Eddie or Travis. 3. Questions (See Addenda for answers): o Can calendar day length be lengthened? 180 days is recommended by the GCs. o Can LDs be reduced? $500 per day is recommended by the GCs. o What is the Engineer s cost estimate? o What is retainage? Are there formulas for reduction in retainage as the project progresses? o Is Davis Bacon required? Is wage determination in the spec? How are designations made? o Is Contractor required to hold prices for 120 days? o Is there a specific form for the Bid Bond? Is the AIA form acceptable? PRE-BID MEETING MINUTES PAGE 1 OF 2

9 The Wilson Group: Terminal Renovation & Expansion Talbert, Bright & Ellington: May 14, 2018 o o o o o o o o o o o o Is normal permitting required or County Permit? Is business license required? Who is performing inspections (Chapter 1)? Is Builder s Risk by the GC? Are DBEs required to be SCDOT qualified? Whose rule requirements are to be followed (DOT or FAA)? In the bid form, if the GC is meeting the DBE requirement, what is required to divulge? What DBE Exhibits are required to be submitted with Bid? Are Contracts with DBEs required to be provided? Are Special Inspections (Chapter 17) required? How are errors in unit prices and extended totals in the bid form rectified? Is this reviewed before bid or after bid? What items are required to be tested? What are additional LDs identified in the proposal section? What are specifications for Fire Protection referring to? Is everything listed in the specifications compliant with Buy American provisions? Are there seeding requirements? Can sod be used in lieu of (ILO) seed? Can you clarify Buy American requirements on PRO-16? 4. A site visit was conducted following the meeting. END OF MINUTES PRE-BID MEETING MINUTES PAGE 2 OF 2

10 PROPOSAL REQUIREMENTS AND CONDITIONS PROPOSAL TERMINAL RENOVATION & EXPANSION DATE: In compliance with the Advertisement (Notice to Bidders), the undersigned hereby proposes to furnish the materials and perform the work for completion of all items listed in the schedule for which the proposal is completed below in strict accordance with the Advertisement (Notice to Bidders), Plans, and General Provisions, Special Provisions of the Specifications, and all contract documents for the consideration of the price quoted in the following items and agrees, upon receipt of written notice of the acceptance of this, that within one hundred twenty (120) days after the date of the opening of the s, it will execute a contract in accordance with the as accepted and give the required Performance and Payment Bond with good and sufficient surety or sureties, within fifteen (15) business days after receipt of notice of formal award of contract and presentation of the prescribed forms. The Contractor's attention is directed to the requirements of the Disadvantaged Business Enterprise Program and the Equal Employment Opportunity Requirements (attached), which must be submitted with the. Wages not less than the minimum rates of wages, as predetermined for this project by the Secretary of Labor, shall be used in the preparation of this. Subcontract requirements to obtain the goal of 8.2 percent (8.2%) of Disadvantaged Business Enterprise participation have been established for this contract. The Bidder shall complete and submit, with the, required information (see "Disadvantaged Business Enterprise Program" specification section) describing actions taken in order to achieve such goals and understands that meeting or exceeding the stated goals is a condition for being awarded this contract. Failure to submit the above information with the will be grounds for rejection of the. Contract awards will be made on the basis of the lowest responsive qualified Bidder for the base bid. The OWNER reserves the right to reject any and all bids and to waive any and all technical defects in the execution and submission of any bid. The undersigned agrees that if awarded the contract(s), it will commence work not later than the date set by the ENGINEER in the Notice(s) to Proceed and that it will complete the work within the time specified above and in accordance with the Specifications. It is understood that all workmanship and materials under all items of work are guaranteed for one year from the date of final acceptance, unless otherwise specified. It is understood that the quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating s. The Bidder shall complete Itemized PRO-1 (AD-01)

11 all line items and total amount of Bid. Failure to submit prices for each item shall be cause for rejection of Bid. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. Itemized PRO-2 (AD-01)

12 BASE BID Item No. Spec No. Item Description Unit Price in Words Unit Quantity Unit Price ($) Extended Total ($) 1 GP-105 Mobilization 1 LS 2 P Remove Asphalt Pavement 1,300 SY 3 P Remove Concrete 70 SY Miscellaneous Demolition (Not 4 P Specified Elsewhere) 1 LS 5 P Unclassified Excavation 2,500 CY 6 P Unsuitable Excavation 300 CY 7 P Temporary 8 Diam. Filter Sock 1,500 LF 8 P Temporary Check Dam 1 EA 9 P Inlet/Outlet Protection 150 TON 10 P Temporary Seeding 1 AC 11 P Roof Drains Complete 1 LS 12 PLANS 13 PMBP Crushed Aggregate Base Course (6 ) 200 CY Hot Mix Asphalt Surface Course, Type 1 (3 ) 130 CY Itemized PRO-3 (AD-01)

13 14 P P Bituminous Prime Coat (0.2 gal/sy) 220 GAL Bituminous Tack Coat (0.34 gal/sy) 360 GAL 16 P New Concrete Sidewalk 500 SY 17 PLANS Permanent Pavement Marking 2,500 SF 18 F Perimeter Fence / Gate Removal 1 LS 19 F Perimeter Fence (8 FT High) 100 LF 20 F Pedestrian Gate (Reinstall) 1 LS 21 T Permanent Seeding (Mulched) 2 AC 22 PLANS Signage 1 LS 23 D Diam. Type III RCP 35 LF 24 PLANS Terminal Building 1 LS Itemized PRO-4 (AD-01)

14 TOTAL BID AMOUNT TOTAL CONTRACT TIME: CONTRACT TIME LIQUIDATED DAMAGES: 120 CALENDAR DAYS $1, PER CALENDAR DAY SEE PLANS FOR ADDITIONAL LIQUIDATED DAMAGES THAT MAY BE ASSESSED Enclosed is security in the amount of 5% of the total base bid, consisting of (Cash, Certified Check, or Bid Bond) payable to Newberry County. Name of Bidder BY: (Signature) (Name and Title of Signing Official) (Seal) Contractor's License No. Acknowledgment of Receipt of Addendum Addendum No. Date Initial Addendum No. Date Initial Addendum No. Date Initial Addendum No. Date Initial Addendum No. Date Initial PRO-5 (AD-01)

15 For corporation, provide name and post office address for the President, Secretary, and Treasurer. President Name Address Secretary Name Address Treasurer Name Address For Partnership, provide name and address for each partner. Name Address Name Address Name Address Name Address For individual, provide name and post office address. Name Address Note: Failure to complete blank spaces may be grounds for rejection of Bid. PRO-6 (AD-01)

16 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The following bid conditions apply to this U.S. Department of Transportation (DOT) assisted Contract. Submission of a bid/proposal by a prospective Contractor shall constitute full acceptance of these bid conditions: 1. DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in Paragraph of Subpart D to 49 CFR Part POLICY - It is the policy of DOT that DBE s as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. Consequently, the DBE requirement of 49 CFR Part 23 applies to this Contract. 3. OBLIGATION - The Contractor agrees to ensure DBE s as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE s have the maximum opportunity to compete for and perform contracts. Contracts shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. 4. COMPLIANCE - All bidders, potential Contractors, or subcontractors for this DOT assisted Contract are hereby notified that failure to carry out the DOT policy and the DBE obligations, as set forth above, shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the Owner. 5. SUBCONTRACT CLAUSE - All Bidders and potential Contractors hereby assure that they will include the above clauses in all subcontracts, which offer further subcontracting opportunities. 6. CONTRACT AWARD - Bidders are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted Contract. The Owner Proposes to award the Contract to the lowest responsive and responsible Bidder submitting a reasonable bid provided he has met the goals of DBE participation or, if failing to meet the goals, he has made an acceptable good faith effort to meet the established goals for the DBE participation. PRO-7 (AD-01)

17 Bidder is advised that the Owner reserves the right to reject any or all bids submitted. 7. DBE PARTICIPATION GOAL - The attainment of goals established for this Contract are to be measured as a percentage of the total dollar value of the contract. The DBE goals for each bid schedule established for this Contract are as follows: 8.2% to be performed by the DBE s 8. The following is an excerpt from FAA Program Guidance Letter 88-1, December 3, On October 21, DOT published in the Federal Register an amendment to 49 CFR Part 23, Participation by Disadvantage Business Enterprise in Department of Transportation Programs. Only one change will affect the airport grant program. Effective October 21, a sponsor or contractor may count toward its DBE goals 60 percent of its expenditures for materials and supplies required under a contract and obtained from a DBE and 100 percent of such expenditures to a DBE manufacturer. 9. AVAILABLE DBE s - Bidders are encouraged to inspect the South Carolina Unified Certification Program Unified DBE Directory to assist in locating DBE s for the work. This directory contains a listing of certified DBE s approved by the Federal Aviation Administration. Bidders may access this online directory at the following website link: CONTRACTOR S REQUIRED SUBMISSION - The Owner requires the submission of the DBE committal sheet, which can be found in the DBE section of the specifications. PRO-8 (AD-01)

18 REFERENCES Each bidder shall furnish all information requested below. Bids shall be received from qualified contractors. Years in business: Please list at least five (5) customer references. Company Address Contact Phone Number PRO-9 (AD-01)

19 CERTIFICATION OF NONSEGREGATED FACILITIES The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. NAME OF BIDDER: SIGNATURE: NAME: TITLE: DATE: PRO-10 (AD-01)

20 CERTIFICATE OF PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract, less 10% retainage for satisfactory performance of its contract no later than seven (7) calendar days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within seven (7) calendar days after the subcontractor s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non- DBE subcontractors. NAME OF BIDDER: BY: TITLE: DATE: REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. PRO-11 (AD-01)

21 Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark ( ) or the letter X. Bidder or offeror hereby certifies that it will comply with 49 USC by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. PRO-12 (AD-01)

22 Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the item. The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart ; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total item component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title PRO-13 (AD-01)

23 CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction, must verify each lower tier participant of a covered transaction under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: 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 disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. NAME OF BIDDER: IRS NUMBER: BY: TITLE: DATE: PRO-14 (AD-01)

24 EQUAL OPPORTUNITY REPORT STATEMENT AS REQUIRED BY 41 CFR (b) The Bidder (Proposer) shall complete the following statement by checking the appropriate boxes. Failure to complete these blanks may be grounds for rejection of bid: p 1. The Bidder (Proposer) has has not developed and has on file at each establishment affirmative action programs pursuant to 41 CFR and 41 CFR The Bidder (Proposer) has has not participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as amended. 3. The Bidder (Proposer) has has not filed with the Joint Reporting Committee the annual compliance report on Standard Form 100 (EEO-1 Report). 4. The Bidder (Proposer) does does not employ fifty (50) or more employees. NAME OF BIDDER: IRS NUMBER: BY: TITLE: DATE: PRO-15 (AD-01)

25 CERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under 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. NAME OF BIDDER: BY: TITLE: DATE: PRO-16 (AD-01)

26 TRADE RESTRICTION CERTIFICATION 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 The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) 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 (3) 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 PRO-17 (AD-01)

27 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. NAME OF BIDDER: IRS NUMBER: BY: TITLE: DATE: END OF PROPOSAL SECTION PRO-18 (AD-01)