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Home My WebLink AboutC2021-099 - 3/16/2021 - Approved Uocw5ign tnvelope IU:H/Fi/I bit-/F/tt 4UUH-tS"LyFi 4(ibiyytiy/yti� se G� 0 �� SERVICE AGREEMENT NO. 3375 v Demolition of Aircraft Hangar One at CCIA Noevoeeo 1852 THIS Demolition of Aircraft Hangar One at CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Lindamood Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Demolition of Aircratt Hangar One at CCIA in response to Request for Bid/Proposal No. 3375 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Demolition of Aircraft Hangar One at CCIA ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for four months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $212,378.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form -Airport Page 1 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Max Jones Facility Building Maintenance 361-826-3389 maxj@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form - Airport Page 2 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 301h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circurnstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form - Airport Page 3 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Max Jones Facilities Capital Improvement Program Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3389 Fax: n/a IF TO CONTRACTOR: Lindawood Inc. Attn: Kayla Lindamood CEO 2020 S. Nursery Road, Irving, TX 75060 Phone: 972-721-0898 ext. 7312 Fax: 972-438-6745 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF Service Agreement Standard Form -Airport Page 4 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately tnereafiel. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. Service Agreement Standard Form -Airport Page 5 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as it the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapfer J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form-Airport Page 6 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form -Airport Page 7 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 CONTRACTORi� Signature: Ya (? _ i✓ r� ��✓ Printed Name: Kavla Lindamood Title: CEO Date: 2/11/2021 032376 Authorized By Council 03/16/2021 CITY,Pl ed9YORPUS CHRISTI / ,— � 0/,U— L-6 DS Josh ron ey Interim Assistant Director, Contracts and Procurement Date: 3/29/2021 APP,RgVRD AS TO LEGAL FORM 3/1/2021 ATTEST: AssisJ8BE y'Attorney Date DocuSigned by: Rebecca Huerta Attached and Incorporated by Reference: City Secretary Attachment A: Scope of Work A ii i,, a �. D:.� ire, ; c.,t....,�� ,i.. -\i iu�i n i iai ii u. uiu/i i i� a ng �ci ie'uie Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3375 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Airport Page 8 of 8 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide demolition services for Aircraft Hangar One. Contractor shall have enough responsible, trained personnel qualified to provide the required services. 1.2 Scope of Work A. The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of services. All services must be performed in accordance with federal, state, local building codes and OSHA safety requirements. B. The Contractor shall acquire demolition permit from Development Services. Submit Discontinuation of City Utilities Form 1017 with permit application. Form 1017 is provided in Attachment A-1. Lead and Asbestos reports are provided in Attachments A-2 and A-3. There are areas of the building with asbestos containing materials and lead-based paint. The contract allowance will be used to compensate the permit fees and the fees will be reimbursed at cost. For bidding consistency, use $7,778.40 for the permit fee in your proposal. This is calculated as follows: 1 . Demolition Fee - 28,000 SF x 0.027 = $756.00 2. Plan Review Fee - 40% x $756.00 = $302.40 3. Disposal Fee - 28,000 SF x $0.24 = $6,720.00 C. The Contractor shall demolish the entire structure including the foundation, and haul debris to an authorized disposal site. The building is approximately 28,000 square feet (sf). See Attachment A-4 for photos of the building. D. The Contractor shall selectively demolish and dispose of asbestos containing material and lead based paint in accordance with Federal, State, and Local requirements. All removal shall be in accordance with the Texas Asbestos Health Protection rules. 3rd party lead and asbestos monitoring will be contracted by the City. The Contractor shall follow the attached abatement work plan. Page 1 of 4 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 E. The Contractor shall demolish all interior and exterior electrical systems and components back to pad mounted transformer. Service to be disconnected at transformer by AEP. F. The Contractor shall demolish all interior and exterior plumbing service lines back to nearest service main. G. The Contractor shall grade and haul in clean fill material as necessary to prevent water ponding, and to promote positive drainage towards existing area inlets. Hydro seed and water as needed to establish vegetation. The Contractor shall be responsible for hauling water to the site. H. All building debris shall be removed from the site. There shall be no visible debris on site upon completion. I. The Contractor shall provide and install an 8' tall temporary construction fence around the entire construction site prior to demolition. The fence shall be physically connected to the existing fence on the south end Airport Operations Area (AOA) fence and up to the adjacent building on the North side. The fence shall be adequately secured to keep unauthorized personnel out of the AOA. The fence shall also have mesh covering attached to the fence to prevent debris from entering the AOA. J. All ioose debris Snail be adequately secured aT ine end OT every worKaay to prevent debris from blowing out of the controlled construction site. Provide temporary controls to protect the occupied adjacent building from damage. K. The Contractor shall provide stormwater protection and silt fencing around the entire construction perimeter. L. The Contractor shall protect all underground utilities from damage, including the stormwater collection system running underneath the building. Any damage shall be corrected by the Contractor at the Contractor's expense. M. The Contractor shall provide adequate controls to prevent equipment from tracking debris out of the construction site and onto the airport roadways. Any debris tracked off site shall be immediately cleaned the same day. Page 2 of 4 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 N. The Contractor shall provide and install a new permanent hot-dipped galvanized 8' tall, -v270' long, AOA fence with three-strand barbed wire in accordance with a through e below, in conformance with the supplied drawings and specification only as it applies to this project scope, and to match existing fence material type and coating as shown in Attachment A-4 photos 13-17. Alternate materials and/or coatings will not be accepted. 1 . Demolish a small section and install a new section of fence as shown in Attachment A-5. The last fence pole and building connection point shuil be no mole tl iun 3" apal i. 2. All fence material, including but not limited to fabric, poles, braces, rails, ties, tension wire, hardware, barbed wire, extension arms, stretcher bars, stretcher bar bands, rebar anchors, grounding, and concrete shall be in conformance with F-162 specifications provided in Attachment A-6 only as it applies to this project scope. 3. Install new fence system in accordance with details shown in Attachment A-7 only as it applies to this project scope. 4. Install new concrete erosion control strip in accordance with details shown in Attachment A-8 only as it applied to this project scope. 5. Install new grounding system in accordance with Attachment A-9 only as it applies to this project scope. Grounding systems shall be installed at 50' intervals. O. No explosives will be allowed for any demolition of any facility or Ir)[[USlluUiule. 1.3 Work Site and Conditions The work shall be performed at: Hangar 1 - 586 Hangar Lane Corpus Christi, TX 78406 CCIA 1000 International Drive, Corpus Christ, TX 78406 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3 of 4 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 1.5 Special Instructions A. The Contractor shall report to the Project Manager or designee at the location upon arrival. B. Any unauthorized changes or services performed by the Contractor, will be at the responsibility of the Contractor. C. The Contractor shall clean and haul away all debris. D. After completion of inspection, the Contractor shall report back to the Project Manager or designee. E. The Contractor shall commence work under this Agreement withing 15 days following the receipt of the Notice to Proceed and complete all work withing 100 days following the receipt of the Notice to Proceed. 1.6 Invoicing The Contractor shall submit invoice for services to the City. The invoice shall include: 1. Work description, Purchase Order Number (PO#), Service Agreement Number, Location and date of service and labor hours. 2. Invoices shall be sent as follows: Original to Accounts Payable and a copy to facilitymaintenanceinvoicinq@cctexas.com and one to the Contract Administrator. 3. The Contractor shall include copies of work order and contractor information checklist (CIC) provided by Project Manager or designee. This is used as a back-up for the invoice. Approvai tar payment shaii be authorized by the Contract Administrator or Project Manager. 4. Progress payments are not authorized. Invoice will be paid in full after completion and acceptancy of the project. 1.7 Insurance and Bonds The Contractor shall provide a payment bond if the estimate of this project exceeds $50,000 and a performance bond it the estimate of this project exceeds $100,000 for the full amount of the contract. Insurance and bonds must be maintained throughout the term of the contract. Page 4 of 4 o as%nEeGop# pqy w98-40 o-96465»989989 / K 2 c � / e / \ 0 / 7 \ ( \ C \ < \ 0 c \ G \ 9& 2 o ao / / / 0 ) / < < 0 / c » 7 fq 7 / / / G G § / % \ \ G u \ \ � e 5 / \ u ƒ » .m / .p / R m -0 - / G \ E \ \ 0 ~ e _ O K / & / \ G \ \ \ p ( .g E £ 2 \ e & R & / / < y 7 7/ . /® i / \ % SG§ \ e E w 2 & % - g 3 Q 2 § C C+,4 \ z © / w e o x 2 u 2 @ * / / / ? u ƒ / / /\ ( \ / \ = E o ) ~ ( �0 a_ ~ OD / m @ \ a e a O = O 70 c c / \ \ \ 2 / e / J / C) q / 0 _/ / -t;; » \ / G ƒ z § / / y ~ 7 3 2 w U 0 \ \/ / � / / 6 g 6 % e / \ ( 0 \ / < , p § > ^ \ « \ O / <E I ƒ \ � j 0 / £ U \ \ ( \ y o e z < _ = . E m DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 INSURANCE REQUIREMENTS A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing Hie le iuiluwirlg I rlillimul l 1 cuvel ucye by ui i u isul ul luu col l 1puny(s) ucceptuble lo lhe City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises - Operations 2 PrnrJiirtc/ �mm�lPtArJ Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1 ,000,000 Per Occurrence Page 1 of 3 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the. City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to tike extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payments) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 04/14/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 Attachment D: Warranty Requirements Warranty is not required for this service agreement; therefore Section 8 - Warranty, subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 ATTACHMENT E: FEDERAL REQUIREMENTS Contents 1, ACCESS TO RECORDS AND REPORTS. (Reference: 2 CFR§200.326,2 CFR§ 200.333, FAA Order 5100.38).......2 2. AFFIRMATIVE ACTION REQUIREMENT. (Reference:41 CFR part 60-4, Executive Order 11246)........................3 3. BREACH OF CONTRACT TERMS. (Reference 2 CFR§200 Appendix II(A))............................................................5 4. BUY AMERICAN PREFERENCE. (Reference 49 USC§50101)................................................................................6 5. CIVIL RIGHTS-GENERAL. (Reference:49 USC§47123)....................................................................................12 6. CIVIL RIGHTS—TITLE VI ASSURANCES.................................................................................................................13 7. CLEAN AIR AND WATER POLLUTION CONTROL. (Reference:49 CFR§ 18.36(i)(12)) Note,when the DOT adopts 2 CFR 200,this reference will change to 2 CFR§200 Appendix II(G))....................................................17 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS. (Reference:2 CFR§200 AppendixII(E))....................................................................................................................................................18 9. COPELAND"ANTI-KICKBACK"ACT(Reference:2 CFR§200 Appendix II(D),29 CFR parts 3&5)......................20 10. DAVIS-BACON REQUIREMENTS. (Reference: 2 CFR§200 Appendix II(D)).......................................................21 11. DEBARMENT AND SUSPENSION(NON-PROCUREMENT). (Reference:2 CFR part 180(Subpart C),2 CFR part 1200,DOT Order 4200.5 DOT Suspension&Debarment Procedures& Ineligibility)........................................33 12. DISADVANTAGED BUSINESS ENTERPRISE. (Reference:49 CFR part 26)............................................................34 13. DISTRACTED DRIVING. (Reference Executive Order 13513, DOT Order 3902.10)............................................35 14. ENERGY CONSERVATION REQUIREMENTS. (Reference 2 CFR§200 Appendix II(H)) .......................................36 15. FO.UAL OPPORTUNITY CLAUSE AND SPECIFICATIONS. (Reference 41 CFR b 60-1.4, FxPrutivP Order 117461. 37 16. FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE)(Reference:29 USC§201,et seq.)........44 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 20,Appendix A).....................45 18. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970(Reference 20 CFR part 1910)..........................................46 19. PROHIBITION OF SEGREGATED FACILITIES. (Reference:41 CFR§60-1.8).........................................................47 20. PROCUREMENT OF RECOVERED MATERIALS. (Reference 2 CFR§200.322,40 CFR part 247,Solid Waste DisposalAct)..................................................................................................................................... .......48 21. RIGHT TO INVENTIONS. (Reference 2 CFR§200 Appendix II(F))........................................................................49 22. TAX DELINQUENCY AND FELONY CONVICTIONS. (Reference Consolidated Appropriations Act,2014 (Pub. L. 113-76), DOT Order 4200.6)...............................................................................................................................50 23. TERMINATION OF CONTRACT. (Reference 2 CFR§200 Appendix II(B))...........................................................51 24. TRADE RESTRICTION CERTIFICATION. (Reference 49 USC§50104,49 CFR part 30)........................................53 25. VETERAN'S PREFERENCE (Reference:49 USC§47112(c)).................................................................................55 Required Provisions Page 1 Updated February 3, 2021. Uocubign Envelope rU:A/6/Fb3l-/1--/6-4UlJA-b29b-46b399b9(969 1. ACCESS TO RECORDS AND REPORTS. (Reference: 2 CFR § 200.326, 2 CFR § 200.333, FAA Order 5100.38) 1.1. APPLICABILITY. Applies to all AIP-funded projects and must be included in all contracts and subcontracts. 1.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows: ACCESS TO RECORDS AND REPORTS 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. Required Provisions Page 2 Access to Records Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 2. AFFIRMATIVE ACTION REQUIREMENT. (Reference: 41 CFR part 60-4, Executive Order 11246) 2.1. APPLICABILITY. Incorporate in all AIP-funded construction contracts and subcontracts that exceed$10,000. This notice must be placed within the solicitation for proposals. The goals for minority participation are dependent upon the Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA). Refer to Volume 45 of the Federal Register dated 10/3/80. Page 65984 contains a table of all EA and SMSA and their associated minority goals. Executive Order 11246 has set a goal of 6.9% nationally for female participation for all construction contractors. 2.2. MANDATORY CONTRACT LANGUAGE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1.The Offeror's or Bidder's attention is called to the"Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2.The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables A. Goals for minority participation for each trade (Vol.45 Federal Register pg. 65984 10/3/80) B. Goals for female participation in each trade (6.9%) These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor is also subject to the goals for both federally funded and non-federally funded construction regardless of the percentage of federal participation in funding. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals.The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project,for the sole purpose of meeting the contractor's goals,shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. Required Provisions Page 3 Affirmative Action Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 3. The contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs (OFCCP),within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor;estimated dollar amount of the subcontract;estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4.As used in this notice and in the contract resulting from this solicitation,the"covered area" is Corpus Christi, Nueces County,Texas. 2.3. AFFIRMATIVE ACTION PLAN. The Department of Labor is responsible for administering the Executive Order 11246, which contains requirements for an Affirmative Action Plan. This Plan is similar in content and requirements to the affirmative action plan required in 49 CFR Part 152 subpart e. 49 CFR Part 152 applied to grants issued under the Airport Development Aid Program, which was replaced by the Airport Improvement Program. Required Provisions Page 4 Affirmative Action Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 3. BREACH OF CONTRACT TERMS. (Reference 2 CFR § 200 Appendix II(A)) 3.1. APPLICABILITY. This provision is required in all contracts that exceed the simplified acquisition threshold.This threshold, fixed at 41 USC 403(11), is presently set at$150,000. 3.2. MANDATORY CONTRACT LANGUAGE. The regulation does not presuibe roandatory language, liuwever the following L.lause reNiesenls sample language that meets the intent of 2 CFR§ 200 Appendix II(A).This provision requires grantees to incorporate administrative, contractual or legal remedies in instances where contractors violate or breach contract terms. BREACH OF CONTRACT TERMS 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. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract.The Owner's notice will identify a specific date by which the Contractor Must correct the breach. Owner may proceed with termination of the contract if the Cont__ tcjr L_;1_ i_ __._..__.i al__ 1_..___1_ 1_.,il__ _1___11:.__ :.__1:__._.1 .1__ 0 _1_ _ _� _ �.Vllll pl.LVl Idly LV l,UllCl,l LIIC UICdl,ll VY LIIC UCd UIIIIC Il lllll.d LCU III IIIC VWIICI J IIULII.C. 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. Required Provisions Page 5 Breach of Contract Terms Updated Feb]-Vary 3, 2021 uocubign Envelope ID:A(611-b31-il-Ib-4UUA-8296-4bb:39969(989 4. BUY AMERICAN PREFERENCE. (Reference 49 USC § 50101) 4.1. APPLICABILITY. The Buy American Preference requirement in 49 USC §50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. The statute gives the FAA the ability to issue a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions.A sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that: 1)Applying the provision is not in the public interest; 2)The steel or manufactured goods are not available in sufficient quantity or quality in the United States; 3)The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment,and final assembly has taken place in the United States. Items that have an FAA standard specification item number(such as specific airport lighting equipment)are considered the equipment. 4)Applying this provision would increase the cost of the overall project by more than 25 percent. Timing of Waiver Requests. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver requests before issuing a solicitation for bids or a request for proposal for a project. The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract.The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist.The FAA cannot review waiver requests with incomplete information. Sponsors must assess the adequacy of the waiver request and associated information prior to forwarding a waiver request to the FAA for action. Buy American Conformance List.The FAA Office of Airports maintains a listing of equipment that has received a nationwide waiver from the Buy Arnerican Preference requirements or that fully meet the Buy American requirements.The Nationwide Buy American Waiver List is available online at www.faa.gov/airports/aip/buy_american/. Products listed on the Buy American Conformance list do not require additional submittal of domestic content information under a project specific Buy American Preference waiver. Facility Waiver Requests. For construction of a facility, the sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings,terminal renovation, and snow removal equipment buildings. Contract Types— Requrrect 1�rovisions Hage 6 Buy American Preference Updated February 3, 2021 uocusign Envelope W:A/6/Fb:31-/r/8-4uuH-8296-46b399891989 Construction and Equipment—The sponsor must meet the Buy American Preference requirements of 49 USC§50101 for all AIP funded projects that require steel or manufactured goods.The Buy America requirements flow down from the sponsor to first tier contractors,who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance. Note:The Buy American Preference does not apply to equipment a contractor uses as a tool of its trade and which does not remain as part of the project. Professional Services—Professional service agreements (PSAs) do not normally result in a deliverable that meets the definition of a manufactured product. However, the emergence of various project delivery methods has created situations where task deliverables under a PSA may include a manufactured product. If a PSA includes providing a manufactured good as a deliverable under the contract, the sponsor must include the Buy American Preference provision in the agreement. Property—Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example,the installation of property fencing,gates, doors and locks, etc. represent manufactured products acquired under an AIP funded land project that must comply with Buy American Preferences. 4.2. REQUIREMENTS. No mandatory language provided.The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language,the sponsor's revised language must fully comply with 49 USC§ 50101. There are two types of Buy American certifications.The sponsor must incorporate the appropriate "Certificate of Buy America Compliance" in the solicitation: • Projects for a facility (buildings such as terminals, snow removal equipment(SRE) buildings, aircraft rescue and firefighting(ARFF) buildings, etc.)—Insert the Certificate of Compliance Based on Total Facility. • Projects for non-facility development (non-building construction projects such as runway or roadway construction or equipment acquisition projects)—Insert the Certificate of Compliance Based on Equipment and Materials Used on the Project. 4.3. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows: BUY AMERICAN CERTIFICATION The contractor agrees to comply with 49 USC§ 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the Required Provisions Page 7 Buy American Preference Updated February 3, 2021 Uocu6ign Envelope IU:A(b/1-531-tt-18-4UUA-629b-46b:399b9f9b9 United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. Type of Certification is based on Type of Project: Y here are two types of Buy American certifications. • For projects for a facility,the Certificate of Compliance Based on Total Facility (Terminal or Building Project) must be submitted. • For all other projects,the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non-building construction projects such as runway or roadway construction; or equipment acquisition projects)must be submitted. Certificate of Buy American Compliance for Total Facility (Buildings such as Terminal,SRE, ARFF,etc.) As a matter of bid responsiveness,the bidder or offeror must complete, sign, date,and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC§ 50101 by selecting one of the following certification statements. These iia tcuiciits urc ilii.ituany criciusivc, Or nnust Scicci One vi uic ouh.ci (i.ir. not '=L h) by uisci uiig u checkmark (✓) or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by: a) Only installing steel and manufactured products produced in the United States;or b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products 3. 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 Required Provisions Page 8 Buy American Preference Updated February 3, 2021 Docubign Envelope ID:Atb/Fb3l-tl-16-40uA-82yJ6-4bb399891989 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 results 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 furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver-The cost of components and subcomponents produced in the United States is more that 60%of the cost of all components and Subcomponents of the "facility". The required documentation for a type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total fdU I wiiipuiieiii diiu Suuwilipuneiii(_U�ib, exLiudine, ldbui Wsis dssuLidied wiili final assembly and installation at project location. 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 Required Provisions Page 9 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 Company Name Title Certificate of Buy American Compliance for Manufactured Products (Non-building construction projects, equipment acquisition projects) As a matter of bid responsiveness,the bidder or offeror must complete,sign, date,and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC§ 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(not both) by inserting a checkmark(✓) or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States,or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing,or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel anrd manufarturPd nroriurt. 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. Required Provisions Page 10 Buy American Preference Updated I`ebruary 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60%of the cost of all components and subcomponents of the "item". The required docurnentation 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 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-dornestic 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 makine 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 Required Provisions Page 11 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 5. CIVIL RIGHTS- GENERAL. (Reference: 49 USC § 47123) 5.1. APPLICABILITY. The General Civil Rights Provisions found in 49 USC§47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all AIP-funded projects. This provision is in addition to the Civil Rights-Title VI provisions. 5.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows: GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed,color, national origin, sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Required Provisions Page 12 Civil Rights -General Civil Rights Provision Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 6. CIVIL RIGHTS—TITLE VI ASSURANCES. Appropriate clauses from the Standard DOT Title VI Assurances must be included in all contracts and solicitations. The clauses are as follows: 1) Title VI Solicitation Notice 2) Title VI Clauses for Compliance with Nondiscrimination Requirements. 3) Title A List Of Pertinent Nondiscrimination Statutes And Authorities 6.1. APPLICABILITY. The sponsor must insert the Title VI Solicitation Notice in: 1) All solicitations for bids, requests for proposals work, or material subject to the nondiscrimination acts and regulations made in connection with Airport Improvement Program grants; and 2) All proposals for negotiated agreements regardless of funding source The Sponsor must insert the Title VI required contract clause and the Title VI list of Pertinent Nondiscrimination Statutes and Authorities in every contract or agreement, unless the sponsor has determined and the FAA has agreed,that the contract or agreement is not subject to the nondiscrimination Acts and the Regulations. The sponsor must insert the clauses of Title VI Clauses for Deeds Transferring United States Property, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property,structures, use, or improvements thereon or interest therein to a sponsor, The sponsor must include the Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, Or Program,the Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program, and the Title VI List of Pertinent Nondiscrimination Authorities, as a covenant running with the land, in any future deeds, leases, licenses, permits,or similar instruments entered into by the sponsor with other parties: 1) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 2) For the construction or use of, or access to,space on, over, or under real property acquired or improved under the applicable activity, project, or program. 6.2. MANDATORY CONTRACT LANGUAGE. 6.2.1. Title VI Solicitation Notice (Source: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) Required Provisions Page 13 Civil Rights -Title VI Assurances Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 Title VI Solicitation Notice: The City of Corpus Christi, in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U,S,E §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered intoe 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. 6.2.2. Title VI Clauses for Compliance with Nondiscrimination, Requirements (Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) 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 Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 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 Acts and the Regulations, including employment practices when the contract covers any activity, project,or prograrn 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 Acts and the Regulations relative to Nan-discrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other Sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations,and instructions, Where any information required of a contractor is in the Required Provisions Page 14 Civil Rights - Title V1 Assurances Updated February 3, 2021 000uaign Envelope |o:A767F531'7F78-40 exclusive possession ofanothervvhmfai|sorrefusestofurnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts Ithas made toobtain the information, 5. Sainctiomsfor Noncompliance: In the event of a contractor's noncomphance with the Non- cl�scrimination 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. WithhoIding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling,terminating, orsuspending acontract, inw/hm)eorinpart. G. Incorporation ofProvisions: The contractor wiNinclude the provisions qfparagraphs one 1hroukh six in every subcontract, including procurements ofmaterials and leases of equipment, unless exempt bythe Acts,the Regulations and directives issued pursuant thereto. The cumTnac|mrwill take action with respect to any subcontract or procurernent as the sponsor orthe Federal Aviation AcIrmnistrmtimm nmmydire/z as a means mfenforcing such provisions including sanctions for noncompliance, Provided, that if the contractor becomes involved in, or is threatened with litigation byasubcontractor, orsupplier because Of Such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. Unaddition, the contractornmay request the United States tic)enter Into the litigation to protect the interests of the United States. 6.2.3. Title VI List of Pertinent Nondiscrimination Authorities (Source: Appendix EufAppendix 4of FAA Order 14OQll, Nondiscrimination inFederally-Assisted Progomnsatthe Federal Aviation Administration) 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; inuIudimg but not limited to: w Title VUofthe Civil Rights Act of1964 (42 U.S.C. §2OQOdetseq,78stat. 252), (prohibits discrimination on the basis ofrace, color, mafioma| origin); w 49CFR part 21 (Non-discrimination In Federally-Assisted Programis of The Department of Transportation—Effectuation ufTitle V| ofThe[iviI Rights Act of1964}; = 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 o6Federal or Federal-aid programs and pmojects); Required Provisions Page 15 Civil Rights –Title VlAssurances Updated fe6cuary3, 2O21 000uSign Envelope |o:A767F531'7F78-40 ~ Section 5U4ofthe Rehabilitation Act mfI973, (Z9U.5.C. §794etse4.), asamended, (prohibits discrimination onthe basis ofdisabi|ity); and 49CFR part Z7; • The Age Discrimination Act ef197S, asamended, (42U�S-C. § 6101etseg.), �(pnohibhs discrimination omthe basis ofage)�; w Airport and Airway Improvement Act mf198Z, (48USC§471,Section 471Z3), usamended, (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 uractivitiea°tminclude aUofthe programs#ractivities of the Fedena|-a[d recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles || and ill ofthe Americans with Disabilities Act mf1990,which prohibit discrimination om the bms�s of disability in the operation of public entities, public and mrva etranspurtatiom systems, p!acescfpuN|caccommodafiom, andcertaimtestingentities(42U.S.C� §§ 1Z131- 13l89) as �mp|ememte« byDepartment ofTransportation regulations at49CFR parts 37and 3D; • The Federal Aviation Administration's Non-clisoimimctimn statute(49 U.S.C. § 47123) (prohibits discrimination unthe basis ofrace, color, national ohgin, and sex); m Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations 6Vdiscouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-incorne populations; ~ Executive Order 13166, Improving Access tmServices for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because uflimited English proficiency (LEP). To ensure compNance with Title V1, you must take reasanable steps to ensure that LEP persons have rneaningfUl access to your prograrns (70 Fed, Reg. at74OQ71o741OD); w Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because nfsex lm e6ucafion programs oract�vities (20USZ. 1681 etaeq). Required Provisions Page '16 Civil Rights —7ideVlAssurances Updated February 3, 2O21 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 7. CLEAN AIR AND WATER POLLUTION CONTROL, (Reference: 49 CFR § 18.36(j)(12)) Note, when the DOT adopts 2 CFR 200, this reference will change to 2 CFR § 200 Appendix il(G)) 71. APPLICABILITY. Incorporate in all professional service agreements,construction contracts and subcontracts that exceed $150,000. (Note that the 2 CFR 200 will raise this level to$150,000) 7.2. MANDATORY CONTRACT LANGUAGE. CLEAN Al RAND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC§ 740-7671q) and the Federal Water Pollution Control Act as amended, (33 LISC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility fear notifying the Environmental Protection Agency (EPA)and the, Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds$150,000. Recikd ed Provisions Page 17 Clean Air and Water POHLItiOn Control Updated. February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 S. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS. (Reference: 2 CFR § 200 Appendix 11 (E)) 8.1, APPLICABILITY, Incorporate in all professional service agreements, construction contracts and subcontracts that exceed $100,000. 8.2. MANDATORY CONTRACT LANGUAGE. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1, Overtime Requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the ernployment 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 ill 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 Darnages. 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, ernployed 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 bythe clause set forth in paragraph 1 above. 3. Withhoicling 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 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, Required Provisions Page 18 Contract Workhours and Safety Standards Act, Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these ciauses 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. Required Provisions Page 19 Contract Workhours and Safety Standards Act Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 9. COPELAND "ANTI-KICKBACK"ACT (Reference: 2 CFR § 200 Appendix II(D), 29 CFR parts 3 & 5) 9.1. APPLICABILITY. Incorporate into ail construction contracts and subcontracts that exceed $2,000 and are financed under the Alp program, 9.2. MANDATORY CONTRACT LANGUAGE. Contractor must comply with the requirements of the Copeland "Anti-Kickback'" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited frorn inducing,, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor arid each Subcontractor Must submit to the Owner,a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. Required Provisions Page 20 Copeland"Anti-Kickback"Act Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 10, DAVIS-BACON REQUIREMENTS, (Reference: 2 CFR § 200 Appendlx ll(D)) 10,1. APPLICABILITY. Incorporate into all construction contracts and Subcontracts that exceed $2,000 and are financed under the AIP program. 10.2. MANDATORY CONTRACT LANGUAGE, The mandatory language is as follows. DAVIS-BACON: REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed orworking upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted bythe Secretary of Labor under the Copeland Act (29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits Linder section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph (1)(iv) of this section; aUso, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may,be compensated at the rate specified for each classification for the time actuaHy worked therein: Provided,That the employer's, payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under(1)(d) of this section) and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent andl accessible place where it can easily be seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed Linder the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an Required Provisions Page 21 Davis Bacon ReqUirernents Updated FebrLiary 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to, the wage rates contained in the wage determination, (13) if the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated)for fringe benefits where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination. The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting,officer within the 30-day period that additional time is necessary, (D)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(k) (13) or(C) of this paragraph, shall be paid to all workers performing work in the classification Linder this contract from the first day on which work is performed in the classification, (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shal8 pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) if the contractor does not make payments,to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the arnount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations Linder the plan or program. Required Provisions Page 22 Davis Bacon Requirements Updated February 3, 2021 000uaign Envelope |o:A767F531'7F78-40 2VVithhmldinR. The Fe&4 Aviation Administration or the Sponsor shaH upon its own acflon or upon written request of an autho6zed representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requiremients, which is held by the same prime contractor, so much of the accrued payments or advances as rnay be considered necessary topay laborers and mechamirs, including apprentices, trainees, and helpers, employed bythe contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to, pay any laborer or mechanic, including any apprentice,tra�nee, or helper, employed or working on,the site of work, all o,r part of the wages required by the contract,�he Federal Aviation Administration may, afterwritten notice to the contractor,sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of fund:suntil such violations have ceased, 3. Payrolls and basic records. (i), Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all 8aborers and mechanics working at the site ofthe work. Such records shall contain the narne, address, and social security number of each such worker, his or her correct classification, hou!rly rates of wages paid (including rates of contributions mrcosts anticipated for bona:fidefringe benefits urcash equivalents thereof:ofthe types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary mfLabor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer ormechanic include the amount of any costs reasonably anticipated in providing benefits under aplan mrprogram described insection 1(b)(J)(B) ofthe Davis-Bacon Act, the cmntracto,rshall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated orthe actua| cos1s incurred in providing such benefits, Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trahiee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed inthe applicable programs. (ii)(A)The contractor shall subrnit weekly for each week in which any contract work is performed a copy of all payrolls to the Federa8 Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant, sponsor, orowner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out aocunate8yand completely all ofthe information required to be maintained under 29 [FR 5.5(a)(3)(i), except 1ha1fuH social security numbers and home addresses shall not be incWded on weekly tramornitta|n, lms1mad the payrolls shall only need to include an individually ideritifying number for each, employee (e.g. ,the last four digits ofthe empiwyee'ssocial security, number). The neqwiredxveekUy Required Provisions Page 23 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at i7ttp:llwwwdol.govlesalwi7dlformslwh347instr,htmor its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and Current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit them to the applicant, sponsor, or owner,as the case may be,for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the, prime contractor for its own records,without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner), (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the,appropriate information is being rnaintaIned under 29 CFR § 5.5 (a)(3)(I) and that such information is correct and complete; (2)That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents forthe classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(H)(B) of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the Uri ted States Code. (iii)The contractor or subcontractor shall make the, records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation AcIrmnistration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor falls to Required Provisions Page 24 Davis Bacon Requirements Updated February 3, 2021 000ua|gnEnvelope ID:A767F531'7F78-40 submit the required records or to make them available,the Federail agency may, after written notice to the contractor, sponsor, appUicanturowner,take such action asmay be necessary tocause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant tnZ9CFR 5,l2. 4. Apprentices and Trainees, (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant tmand individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau ofApprenticeship and Training,orwith a State Apprenticeship Agency recognized bythe @nream, orifaperson isemployed in his orher first SOdays afprobationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (m/here appropriate)to be eligible for probationary employment as an apprentice, The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the enflre work force under the registered program, Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate emthe wage determination forthe classification of work actually performed, in addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, Where a contracLmris performing construction on a project in a |ucaOty other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed, Every apprentice must be paid at not less than the nate specified in the registered program for the apprentice's level of progress,expressed asa percentage ofthe journeymen hourly rate specified imthe appQcab|ewage determination. Apprentices shafl be paid fringe benefits in accordance with the provisions of the apprenticeship program, lf the apprenticeship program does not specify fringe benefits, apprentices most be paid the full amount offringe benefits listed on the wage determination for the applicable classification. �f the Administrator determines that a different practice prevails for the applicable apprentice c|assificaflmm,fringes shall be paid in accordance with that determination. Unthe event the Bureau of Apprenticeship and Training, or a State ApprenticesNp Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the mpp8|cab�e predetermined rate for the work performed until amacceptabVe program isapproved. (H)Trainees, Except as provided in 29 [FR 5.16, trainees will not be pernmittedtowork at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 the job site shad not be greater than permitted under the plan approved by the Employment and Training Administration, Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate spedfied in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not imention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shO be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5, Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CPR Part 3, which are incorporated by reference in this contract. 6.Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CPR Part 5,5(a)(1)through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of thus section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CPR 5.12. ReqUired Provisions Page 26 Davis Bacon Requirements Updated FebrUal'y 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 8. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations,of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract, 9. Disputes Concerning Labor Standards. Disputes arising Out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures,of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility, (i) By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (HI) The penalty for making false statements is prescribed in the U,S. Criminal Code, 18 U.S.C, 1001. Required Provisions Page 27 Davis Bacon Requirements Updated FebruarC 3, 2021,, DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 "General Decision Number: TX20210288 01/01/2021 Superseded General Decision Number: TX20200288 State: Texas Construction Type: Building Counties: Aransas, Nueces and Son Patricto Counties in Texas, BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments Up to and including 4 stories). Note: Under Executive order (EO) 13658, an hourly minimum wage of $10,95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon: Act for which the contract Is awarded (and any solicitation was issued) on or after January 1, 2015, if this contract is covered by the ED, the contractor must pay all workers In any classification listed on this wage determination at least $18.95 per hour (or the applicable wage rate listed on this wage determination, If it Is higher) for all hours spent Performing on the contract In calendar year 2025, If this contract Is covered by the ED and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor, must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR (or the ED minimum wage rate, if it is higher than the conformed wage rate). The ED minimum wage rate will be adjusted annually, Please note that this ED applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it doles, not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(68). Additional information on contractor requirements and worker protections under the ED is available at www.dol,,gov/whfJ/gov,con'tracts. Modification Number Publication Date 0 01/81/2021 DOIL0074-003 01/01/2027 Rates Fringes 28.00 22.35 ---------------------------------I------------------------------- ELECO278-002 03/20/2020 Rates Fringes ELECTRICIAN........—........._$ 26.25 8.24 --------------------- ---------------- ------------------- ENG10178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.. .........$ 3�2.85 13.10 (2) Cranes with Pile Required Provisions Page 28 Davis Bacon Reqiiirements Updated FebrLiary 3, 2021 000uaignEnvelope ID:A767F531'7F78-40 Drimu caisson w#+chment and Hydraulic ,Cranie mm tons and *uw~m.....$ 28.75 19.69 (o) Hydraulic cranes 59 Tons and under..............$ 32.35 13.18 ________________________________ ~ Immw0084-011 06/01/2020 Rates Fringes znnwwwamsw, cR*mwEmTwL,.......^..* 25.16 7.13 -------------------- --------------- -------------'-------- SUTX2014-868 07/21/2014 m*mem Fringes omzcmLAvcw............,..,.......$ 20.04 w.mw owmwcmren........................$ 15.21 0.00 ca14ENr MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, pipe & wechanical System zmsvzamxw").,.............¢ 19.77 7.13 zmOmWwman, mazwpsmcIW..........$ 12.2/ w.mw Immwwonm w^ srmUcTUmAL...........m 22.16 5,26 Lwmommm, Common or meneral-...$ 9.68 0.e0; LABORER: Mason render - mricm..,$ 11.36 0.00 LABORER., Mason Tender ' Cement/Concrete................._$ 10.58 0.00 LABORER: plpnoaver..........^..$ 12.4e 2.13 LABORER: Ftov+ r°ar**+ ....__.$ 11.28 0.00 OPLmATmw' mmcwhoe/exca*atvr Trackhole.,^.^.^$ 14.25 8^e0 cPwmArwm; Bobcat,/Skid Steer/Skid Loader-...... 13.93 0.00 OPERATOR: Buu1doZer.............$ 18.29 1.31 OPERATOR: Drill-................$ 16.22 m.a* OPERATOR- purklift.^............$ 14.83 0.00 mpan^Tow, Grader/Blade.,........$ 13.37 0.00 OPERATOR: ummmmr.'.,,`.,.^.~....m 13.55 0.94 OPERATOR: Xecwap c..............$ 17.52 3.33 wPeaArmm: Paver (Asphalt, Aggregate, and Conrretm).........$ 16.03 0.8w OPERATOR: Roiller................$ 12.70 0.00 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 spray)...l ...—..... ...... 14.45 oleo PIPFFITTER—.—........l... 25.80 8.55 PLUMBER.......ll...... 25.64 8.26 ROOFER............_l....... 13.75 e.ee SHEET METAL WORKER (HVAC Duct Installation Only)...__._ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct IInsta,llation...»«,.....$ 21,13 6.53 TILE FINISHER..........l......... 11.22 0.00 TILESETTER......................$ 14.74 em: TRUCK DRIVER: Dump Truck........$ 12,39 1.18 TRUCK DRIVER: Flatbed Truick._,$ 19,65 8»57 TRUCK DRIVER: Semi-Trailer Truck., ......— ..—...._l...$ 12.50 0.00 TRUCK DRIVER: Water Truck...._$ 12.00 4.11 -------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Daivis-Bacon Act for which the contract Is awarded (and any solicitation was issued) on or after 3anuary 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is, like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employea) who is a victim of, domestic violence,, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the E0 is available at 4-ow.dol.gov/wh:d/gov,contracts. Unlisted classifications needed for work not included within: the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (11)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination, The classifications are listed in alphabetical order of ""Identifiers"" that indicate whether the particular ReqUired Provisions Page 30 Davis Bacon ReqUirements Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 rete is a union rate (current union negotiated retie for local), a survey rate (weighted average rate) or a union average rete (weighted union average rate)i. Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""Su"" or ""'UAVi denotes that the union classification and rate were prevailing for that classification in the survey.. Example: PL'U 198-005 07/01/2014" PLL#4 is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 Indicates the local union number or district council number where applicable, ie., plumbers Local 0198. The next number, 005 in the example., is an internal number used in processing the wage determination. 07/01/2914 is the effective date of the most current negotiated rate, which in this example is July 1, 1014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey gate Identifiers Classifications listed under the ""SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derivedby computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rete includes all rates reported in the survey, It may include both union and non-union rates. Example, 'SUiLd2012-007 5/13/2014. 511 indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which th=ese classifications and rates are based. The next number, 007 In the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. .Survey wage rates are not updated and remain in effect until a new survey is conducted Union Average Rate Identifiers Classification(s) listed under the UAW, identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE; UAVG-OH-0010 eS/29/2014. UAW, indicates that the rate is a weighted union average rate, OW indicates the state. The next number, 0010 in the example, is an internal, number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rete is based.. ---------------------------------------------------------------- Rei11tired Provisions Page 31 Davis Bacon RegUirerlierrts Updated February 3, 2021. DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 WAGE DETERMINATION APPEALS PROCESS 1..) Has there been an initial decision in the matter? This can be. an existing published wage determination a survey underlying a wage determination. *' a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because these Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and B.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage determinations Wage and Hour Division U.S. department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2,) if the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested', party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. B,) 1f the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board).. Write to- Administrative Review Board U.S. Department of labor 200 Constitution Avenue, M.W. Washington, DC 20210 A.) All decisions by the Administrative Review Board are final. EMD OF GENERAL DECISION RegUired Provisions Page 3 Davis Bacon Requirements Updated February :3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 11, DEBARMENT AND SUSPENSION (NON-PROCUREMENT). (Reference: 2 CFR part 180 (Subpart Q, 2 CFR part 1200, DOT Order 4200.5 DOT Suspensions & Debarment Procedures & Ineligibility) 11.1, APPLICABILITY. The contract agreement that ultimately results frorn this solicitation is a "covered transaction" as defined by Title 2 CFR Part 180. Bidder must certify at the time they submit their proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the Successful bid further agrees to comply with Title 2 CFR Part 1.200 and Title 2 CFR Part 180, Subpart C by administering each lower tier Subcontract that exceeds $25,000 as a "covered transaction". Incorporate in all contracts and subcontracts that exceed $25,000. 11.2, MANDATORY CONTRACT LANGUAGE, CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The SLIcceSSfLJI bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website,: http://www.sam.gov 2. Collecting a certification statement similarto 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, Required. Provisions Page 33 Debarment and Suspension Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 12, DISADVANTAGED BUSINESS ENTERPRISE. (Reference: 49 CFR part 26) 12.1. APPLICABILITY. The Disadvantaged Business Enterprise requirements found in 49 CFR part 26, apply to all AIP-funded projects and must be included in all contracts and subcontracts. This includes both project with contract goals and project relying on race/gender neutral means, 12.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows. Other than to insert appropriate Sponsor information into the noted spaces,the Sponsor must not modify these contract clauses: DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§26.13) -The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of 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 30 days from the receipt of each payment the pi-kne contractor receives from the City.The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the,above referenced tune frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. Required Provision,,; Page 34 Energy Conservation Requirements Updated FebrUary 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 13. DISTRACTED DRIVING. (Reference Executive Order 13513, DOT Order 3902.10) 13.1. APPLICABILITY. The FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or SUbgrant. Contract Types—Sponsors must insert this provision in all AIP funded contracts that exceed the micro- purchase threshold of 2 CFR §200.67 (currently set at $3,500), Use of Provision—No mandatory text provided. The following language is acceptable to the FAA in meeting the intent of this requirement, If the sponsor uses different language, the sponsor's revised language must fully satisfy these requirements. 13.2. CONTRACT CLAUSE. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 39,02.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety Policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initlative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted d6vers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project, Required Provisions Page 35 Energy Conservation Requirements Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 14. ENERGY CONSERVATION REQUIREMENTS. (Reference 2 CFR § 200 Appendix ll(H)) 14,1. APPLICABILITY, The Energy Conservation Requirements found in 2 CFR § 200 Appendix ll(H), apply to all AJP-funded construction and equipment projects and must be included in all contracts and subcontracts. 14.2. MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 2 CFR§ 200,Appendix ll(H): ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq). Required Provisions Page 36 Energy Conservation Requirements Updated February 3, 20,21 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 15, EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS. (Reference 41 CFR § 60-1.4, Executive Order 11246) 15.1, APPLICABILITY, The purpose of this provision is to provide equal opportunity for all persons,without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally assisted construction contract. There are two provisions — a construction clause and a specification clause. The equal opportunity contract clause must be included in any contract or subcontract when the amount exceeds$10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract. 15.2. MANDATORY CONTRACT LANGUAGE, 41 CFR § 60-1A provides the mandatory contract language, but allows such necessary changes in language to be made to identify properly the parties and their undertakings, 41 CFR §60-4.3 provides the mandatory specifications. EQUAL OPPORTUNITY CLAUSE EQUAL OPPORTUNITY CLAUSE During the performance of this contract,the Contractor agrees as follows,: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to,the following: employment, upgrading, dernotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship,The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, (2)The Contractor will, in all solicitations or advertisements for ernployees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3)The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section Required Provisions Page 37 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The Contractor will cornply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the,Secretary of Labor. (5)The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (6), In the event of the Contractor's noncompliance with the nondiscrimination dlauses of this contract or with any of the said rules, regulations,or orders,this contract may be canceled, terminated, or suspended in whole or In part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) In every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of SuCh direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1.As used in these specifications: ,a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; Required Provisions Page 38 Equal Opportunity Updated February 3, 2021 000uaign Envelope |o:A767F531'7F78-40 d. "Minority" includes: (1) Biack (all) persons having origins inany ofthe Black African racial groups not of Hispanic origin); (2) Hispanic(all persons of Mexican, Puerto Rican, Cuban, Central orSouth Amnerican^ or other Spanish culture urorigin regardless ofmce); (3) Asian and Pacific islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands); and (4) American 8ndianorAUaskan native (all persons having origins inany ofthe original peoples of North America and maintaining identifiable tribal affiliations through rmamnbership,and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion ofthe work invo|vimganycomstructi*ntrade, |tshaUphysica|lyinc|ude |neachuubcontractinexcessof$1Q,00Qthe provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted, 3. �fthe contractor isparticipating (pursuant 1m41 CFR GO-4.5) inaHometown Plan approved bythe U.S. Department of Laburim the covered area either ind|vidua8lly or through an association, its affirmative action obligations onall work imthe Plan area (incUudimQgoals and timetables)shall beinaccordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demons1rate their participation in and compliance with the provisions of any Such Hometown P�an, Each caroracturor subcontractor participating in an approved plan is individually required to comply with its obligations, under the EEO clause and tomake agood faith effort toachieve each goal under the Plan in each trade in which it has employees. The overall good faith performance byother contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure tntake good faith efforts to achieve the Plan goals and timetables, 4,The contractor shall implement the specific affirmative action,standards provided in paragraphs 187a through 1@Jpofthese specifications, The goals set forth inthe solicitation from which this contract resulted are expressed aupercentages ofthe total hours ofemployment and training ofminority and female utilization the contractor should reasomabily beable to achieve in each construction trade in which ithas employees in the covered area. Covered construction contractors performing construction work ina geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals estab<ishedfor the geographical area where the work|ubeing performed, Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office orfrom Federal procurement contracting officers. The contractor is expected 1nmake substa:ntiaNy uniform progress in meeting its goals in each craft during the period specified. 000uaign Envelope |o:A767F531'7F78-40 S. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promu|gated pursuant thereto. 6. |nwrderfarthmmon-vvurkingtraimimghoursofappnenticesamdtraineeatmbacountedinnneedngthe goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprenfices and trainees at the completion uftheir training, subject tothe availability mfemployment opportunities. Traimeesshal| be trained pursuant totraining programs approved bythe UIDepartment ofLabor, 7. The contractor shall take specific affirmiative actions to ensure equal empIoyment opportunity, The evaluation of the contractor's comipliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall docunmemtthese efforts fully aindshall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain aworking environment free ofharassment, intimidation, and coercion at all sites, and in all facilities at wNch the contractor's ernployees are assigned to work. The contractor, where possible,wi0assign two urmore vvomentoeach construction project.The contractor shall specifically ensure that all foremen,superintendents, and other onsite Supervisory personnel are aware of and carry out the contractor's obligation to maintain s,uch a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. EstabNsh and maintain a current list of minority and female recruitment sources, provide written notification to minority and fema�e recruitment sources and to community organizations when the contractor urits unions h,aveemployment opportunities available, and maintain a record of the organizations' responses. c Maintain a current file of the names,addresses, and telephone numbers of each m,inority and female off-the-street aPp|icant and minority orfemale referral from a uniom,a recruitment source, or community organization and of what action was taken with respect to each Such individual, if such individual was sent to the union hiring hall for referral and was mmt referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the re,ason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the cointractor a minority person or fernale sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to rneet its obligations. e. Develop on-the-job tra:ining opportunities and/or participate in training prograrns for the area which expressly include minorities and vvocmen, including upgrading programs and' apprenticeship Required Provisions Page 40 Equal Opportunity Updated February 3, 2O21 000uaign Envelope |o:A767F531'7F78-40 and trainee programs relevant to the contractor's emiployment needs, especially those progranns funded mrapproved bythe Department vfLabor. The contractor shall provide notice mfthese programs Tuthe sources compiyedunder 7babove. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; byincyudimg it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; byspecific review cfthe policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible Loall empYoyees at each location where construction work isperformed, 8. Review, at least annually, the cornpany's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, |ayuU[ termination,or other emp�oyment decisions including specific review of these items with onsite supervisory,personnel such a superintendents, general foremen, etc,, priorto the initiation of construction work atany job site, Awritten record shall bemade and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally byincluding itimany advertising imthe news media,specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does nranticipates doing business, i, Direct its recruitment efforts, both mna| and written,tn minority,femaoe, and community organizations,tmschools with minority and female students; and tominority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the contractor shall send written notification toorganizations, such asthe above, describing the openings,screening procedures,and tests to be used inthe selection process. j. Encourage present minority and femaie employees to recruit other minority persons and women and, where rmasoneb|e provide after school, summer, and vacation employment tmminority amd female Youth both on the site and in other areas of a contractor's workforce, k, Vandate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 5O-3. i Conduct, at least annually, an inventory and evaWation at least of all rninority and female personnel, for promotional opportunities and encourage these enopimyeesToseek mrtoprepare for, through appropriate training, etc, such opportunities. DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 m. Ensure that seniority practices,job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out, n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers forsubcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations, p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligaflons (18.7a through 18,7p). The efforts of a contractor association,joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and tirrietaWes, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance, 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,)the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10.The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Required Provisions Page 42 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13.The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from Its efforts to ensure equal employment opportunity. If the contractor fails to comply with,the reclulrements of the Executive Order,the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 14.The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being,carried out,to submit reports relating,to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address,telephone number, construction trade, union affiliation if any, employee identification number when assigned,social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Required Provisions Page 43 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 16. FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) (Reference: 29 U'SC § 201, et seq.) 16.1. APPLICABILITY. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA) which is administered by the United States Department of Labor Wage and Hour Division. All contracts and subcontracts must meet comply with the FLSA, including the recordkeeping standards of the Act. 16,2, MANDATORY CONTRACT LANGUAGE. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fai°ir Labor Standards Act (FLSA),with the same force and effect as if given in fi,01 text, The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation, The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. Required Provisions Page 44 Federal Minimurn Wage Updated FebrUary 3, 2021 000uaign Envelope |o:A767F531'7 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 2K, Appendix A) 17.1. APPLICABILITY. The Lobbying and influencing Federal Emp�oyeesprohibition found im49 CFR part 2O^Appendix A^ applies tmai||AIP'fundedprojects and must beincluded imall contracts and subcontracts. 17.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must beused oncontracts isasfollows: CERTIFICATION REGARDING LOBBYING The Bidder orOfferor certifies bysigning and submitting this bid mrproposal,tothe best ofhis orher 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, toany person for influencing orattempting toinfluence amoff icer oremployee ofan agency, a Member of Congress, an officer or employee of Congress,or an emp,byee of a Member of Congress �n connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal Win,the entering into of any cooperative agreement, and the extension, continuation, renewai, amendmenit,or modification of any Federal contract,grant, !oan, orcooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or wifl be paid to any person for influencing mrattempting toinfluence anoff icer nremployee ofany agency, aMember of Congress, an officer or emp�oyee of Congress, or an employee of a Mem,ber of Congress in connection with this, Federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form tuReport Lpbbyimg," im mccardamcevvth rts instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all smb-avvands 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 prereqWsite for making or entering into this transaction imposed by section 135�2,1ide 31, U.S. Code, Any person who fails$ofile the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1OO,OOOfor each such failure, Required Provisions Page 45 1,obbldoUand Iofluamcirig Federal Employees UpdntedFobruary3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 18, OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 1910) 181. APPLICABILITY. The United States Department of Labor Occupational Safety& Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from the Occupational Safety and Health Act of 1970. All contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970. 18.2. MANDATORY CONTRACT LANGUAGE. All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force,and effect as if given in full text, The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.The employer retains full responsibility to monitor its compliance and their Subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970(20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration, Required Provisions Page 46 OSHA Updated February 3, 2021 000ua|gnEnvelope ID:A767F531'7F78-40 19. PROHIBITION K3F SEGREGATED FACILITIES. (Reference: 4lCFR § 6O-1.8\ 19.1. APPLICABILITY. Incorporate in all construction contracts and subcontracts that exceed$10,000. The notices must be placed within the solicitation for proposals. The actual certification must be incorporated in the contract agreement. 191. MANDATORY CONTRACT LANGUAGE. PROHIBITION OFSEGREGATED FACILITIES (a) The Contractor agrees that ltdoes not and will not maintain orprovide for its employees any segregated facilities a1any ofits establishments, and that itdoes not and vvfl| not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach ofthis clause, is aviolation ofthe Equal EmpIloymentOpportunity clause inthis contract. (b) "Segregated facilities,," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas,time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas' transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin beca:useofwritten mroral policies mremployee custom. The term does not include separate or single-user rest rooms nrnecessary dressing orsIeepingareas provided to assure privacy between the sexes. (c) The Contractor shall incliude this clause in every subcontract and purchase order that is subject tothe Equal Employment Opportunity clause ofthis contract. Required Provisions Page 47 0SHA Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 200. PROCUREMENT OF RECOVERED MATERIALS. (Reference 2 CFR § 200322, 40 CFR part 247, Solid Waste Disposal Act) 20.1. APPLICABILITY. Include this provision in all construction and equipment projects. 202 MANDATORY CONTRACTLANGLIAGE. PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. Cn the performance of this contract and to the extent practicable,the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for iterns designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa,gov/smi-n/conipreheiisive-procurenierit- guidel%nes-construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within, a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) is only available at an unreasonable price. Required Provisions Page 48 OSHA Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 21. RIGHT TO INVENTIONS. (Reference 2 CFR § 200 Appendix II(F)) 21.1, APPLICABILITY. The requirement for rights to inventions and materials found In 2 CFR § 20DO Appendix II(F) applies to all AIP-funded projects and must be included in all contracts and subcontracts. 21.2. MANDATORY CONTRACT LANGUAGE, The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 2 CFR § 200 Appendix II(F). RIGHTS TO INVENTIONS Contracts or agreements,that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts,and Cooperative Agreements, This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401,14, Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work. ReqUired Provisions Page 49 Rights to Inventions LJpdated Febrtiary 3, 2021 000ua|gnEnvelope ID:A767F531'7F78-40 22. TAX DELINQUENCY AND FELONY CONVICTIONS. (Reference Consolidated Appropriations Ac , 2O14 (Pub. L 113-76), �DUTOrder 42OO.G) 22.1 APPLICABILITY. This prow�sbn applies to all contracts funded in whole orpart with A|P. 22.2. MANDATORY CONTRACT LANGUAGE. CERTIFICATION 0FOFFERER/BIDDER REGARDING TAX DELINQUENCY AN!0FELONY CONVICTIONS, The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates totax deQnqmemcyend felony conviction by inserting a,checkmark (M) in the space following the appficable response, The applicant agrees that, if awarded a contract resulting frorn this solicitation, itwill incorporate this provision for certification in all lower tier subcontracts, [mrtiHcationsTheapp|icantnapresentsthatitis (__) ismut (__) acorpora1imntha% 6asanyunpaid 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 atimely manner pursuant toun agreement with the authority responsible for collecting the tax liability. The applicant represents that it is (_) is not is not a corporation that was convicted of a criminaI violation under any Federal law within the preceding 24months, Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SD0) that the SDO has considered suspension mrdebarment and determined that further action is not required to protect the Government's interests, The applicant therefore must provide information to the owner about its tax liability orconviction tVthe Owner, who will then notify the FAA Airports District Office,which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. TemmDefimitioms Felony conviction: Felony conviction means a conviction within the prmcmding1mem1y-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 Linder 18 U.S.C� §3559. Tax Delinquency: A1ax delinquency is any unpaid Federal tax|iabi$ty that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in atimely manner pursuant to an agreement with the authority responsible for coNectimg the tax liability. Required Provisions Page 50 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 23, TERMINATION OF CONTRACT. (Reference 2 CFR § 2001 Appendix 11(13)) 23.1. APPLICABILITY. Incorporate in all contracts and subcontracts that exceed $10,000, 23.2. MANDATORY CONTRACT LANGUAGE. TERMINATION IFOR DEFAULT (CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner, Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause. 1. Contractor must immediately discontinue work as specified in the written notice. 2.Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for mater-Ws and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice, 5. Complete performance of the work not terminated by the notice. 6,Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession, Owner agrees to pay Contractor for: 1. completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; Required Provisions Page 51 Termination of Contract Updated February 3, 2021, DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 2. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; 3, reasonable and substantiated ciaims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4, reasonable and substantiated expenses to the, Contractor directly attributable to Owner's termination action. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. Required Provisions Page S2 Termination of Contract Updated February 3, 2021 DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 24, TRADE RESTRICTION CERTIFICATION. (Reference 49 USC§ 50104,491 CFR part 30) 24,1. APPLICABILITY. The trade restriction certification and clause applies to all AlP funded projects. 242 MANDATORY CONTRACT LANGUAGE. TRADE RESTRICTION CERTIFICATION By Submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror— 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S, firms as published by the Office of the United States Trade Representative (USTR),- 2) has not knowingly entered into any contract or subcontract for this project with a person,that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign Country included on the list of countries that discriminate against U.S.firms Published by the USTR. This certification concerns a matter within the jUrisd'ction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances,.The Contractor must require subcontractors provide, immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S.firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or Required Provisions Page 53 'rermination of Contract Updated Februaiy 3, 2021 000ua|gnEnvelope ID:A767F531'7F78-40 3)who incorporates in the public works project any product of foreign country on such USTR list, Nothing contained in the foregoing shall be construed to require estabfishment of a system of record:s in order Lorender, imgood faith,the certification required bythis provision. The knowledge and information of contractor is not required to exceed that which is normally possessed by prudent person in the ordinary course ofbusiness dealings. The Offeror agrees that, if awarded m contract resulting from this solicitation, it will incurporateth�s provision for certification without modification in all lower tier subcontracts,The Contractor may rely on the cerdficmtimn of prospective subcontractor that it is not a firm from afmrei8n co�um{ryinduded on the Qotmfcountries that discriminate against U.S. firms as published by WSTR, unless the Offeror has knowledge that the certification iserroneous. This certification: is a material representation of fact upon which reliance was placed when making an award. If it is �ater determined that the Contractor orsubcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract orsubcontractfor defauYtatnocost 10the Owner orthe FAA. Keqmired Provisions Page 54 1'ermoimuLi000fContract Updated February 3, 2Q2I DocuSign Envelope ID:A767F531-7F78-40DA-8296-465399897989 25, VETERAN'S PREFERENCE (Reference: 49 U'SC§47112(c)) 251. APPLICABILITY. The Veteran's preference clause found in 49 USC§47112(c) applies to all AlP-funded projects and must be included in all contracts and subcontracts that involve labor 25.1 MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe, mandatory language, however the following clause represents sample language that meets the intent of 49 USC§47112(c) is as follows'. VETERAN'S PREFERENCE In the employment of labor(excluding executive, administrative, and supervisory positions),the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Required Provisions Page 55 Veteran's Preference Updated February 3,2021