aip engineering rfq - fort wayne international airport · 2018. 7. 5. · questions during the...

FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY

REQUEST FOR QUALIFICATIONSINDEFINITE DELIVERY ENGINEERING SERVICES

AIP FUNDED PROJECTS

I. Introduction

A. General Information

The Fort Wayne-Allen County Airport Authority (the Authority) issoliciting proposals from qualified firms to provide engineeringservices to the Authority for federally funded capital improvementprojects at the Fort Wayne International and Smith Field Airports. Itis anticipated that the term of the contract shall be for a one-yearperiod beginning October 1, 2018, with up to four one-year renewaloptions, if such renewals are mutually agreed upon by both parties.

The selected firm will have the ability to assist the Authority in allphases of airport development projects as follows:

1. Preliminary phase—includes activities required fordefining the scope of a project and establishingpreliminary requirements.

2. Design Phase—This phase includes all activities requiredto undertake and accomplish a full and complete projectdesign.

3. Bidding Phase—Assisting in advertising and securingbids, analyzing bid results, and furnishingrecommendations on the award of contracts.

4. Construction Phase—All basic services rendered afterthe award of a construction contract.

5. Project Closeout Phase—All basic services renderedafter the completion of a construction contract.

To be considered, an original and four (4) copies of a proposalmust be received at the offices of the Fort Wayne-Allen CountyAirport Authority, 3801 W. Ferguson Road, Ste. 209, Fort Wayne,Indiana, 46809 by 5 p.m. local time on July 31, 2018. Proposalsmust be sealed and clearly marked “Engineering

Services—AIP Funded Contracts.” The Authority reserves the rightto reject any and all proposals submitted.

Oral presentations may be conducted with a short list of selectedfirms after the initial evaluation process has been completed.Questions during the solicitation period may be directed to LauraHakes at (260) 446-3430. Any modifications to this Request forQualifications will be issued by a written, formal addendum postedon the Authority website at www.fwairport.com, Airport Business,Solicitations and Bidding.

B. Scope of Work

Listed below are projects that may be undertaken throughout theanticipated term of the agreement. A brief project description hasbeen provided for the projects for which this information isavailable.

FWA:

Taxiway Charlie Rehabilitation: Taxiway Charlie needs joint sealant replacement, spall

repair, isolated panel replacement, pavement markings, andother miscellaneous PCCP repairs. The entire taxiway isconcrete. Also, along with this project will be to add taxiwaylighting to taxiway Foxtrot.

Wildlife Deterrent Fence Installation: There are sections of fence that still need to be upgraded

from 6 feet to 10 feet around the airport. Most of this fenceis around the Air Trade Center but also near the t-hangarsand taxiway Foxtrot.

Relocate Taxiway Charlie 2: Charlie 2 provides access directly from the West Ramp to

RWY 5-23. It needs to be relocated nearby to rectify thisgeometry. Most likely taxiway Golf would be extended toRWY 5-23.

West Ramp Rehabilitation:

The West Ramp is primarily asphalt with concreteunderneath. A mill and overlay is expected.

Terminal Building Improvements:

In the next 5 years a terminal expansion is planned. Therewill be some engineering work around the facility to preparefor this expansion. The work will include relocation of jetbridge pedestals, PCCP repairs, and pavement markings.

SMD:

East Ramp Rehabilitation

Mill and overlay of the east ramp. A portion of this ramp willhave to be removed and geometry to runway 31 changed tocurrent standards.

Wildlife Deterrent Fence Installation

Replace fence around the airfield from 4’ to 6’ chain-link.

Obstruction Mitigation

Smith Field is placed in the middle of an urban area. Thereare potential projects regarding work mitigating trees andstructures. This may include land and avigation easementacquisition.

New Runway 10/28

Work to be included would be environmental assessments,land acquisition, and grant preparation.

The contractor shall be advised that some of the services may notbe required and that the Authority reserves the right to initiateadditional procurement action for any of the services included inthis solicitation.

Key milestone dates for this RFP are:

RFP Release July 9, 2018Proposals Due July 31, 2018Evaluation of RFP by Airport August 2-August 14, 2018Interviews of Short Listed

Firms, if required September 4-September 7, 2018Anticipated Award by Board September 17, 2018

Compensation for the services to be provided will be negotiatedwith the selected firm on a project by project basis. Upon detailingthe scope of services to be performed, the Authority will obtain anindependent estimate of reasonable fees in addition to theproposed fees from the Consultant. Negotiations will continuebased on an analysis of the fees in accordance with FAA AC150/5100-14E.

C. Deliverables

The selected consultant will be capable of performing, at aminimum, the following:

1. Preliminary Phase Services:

a. Conferring with the sponsor on project scoperequirements, finances, schedules, operational safetyand phasing considerations, site access and otherpertinent matters.

b. Coordinating the project with local FAA personnel andother interested stakeholders to identify potential impactsto their operations.

c. Planning, procuring and or/preparing necessary surveys,geotechnical engineering investigations, fieldinvestigations, and architectural and engineering studiesrequired for preliminary design considerations.

d. Developing design schematics, sketches, environmentaland aesthetic considerations, project recommendations,and preliminary layouts and cost estimates.

e. Preparing project design criteria and other bridgingdocuments commonly used for alternative projectdelivery methods such as design-build contracting.

a. Design Phase

a. Conducting and attending meetings and designconferences to obtain information and to coordinate orresolve matters.

b. Collecting engineering data and undertaking fieldinvestigations, performing geotechnical engineering

studies, and architectural, engineering, and specialenvironmental studies.

c. Preparing necessary engineering reports andrecommendations.

d. Preparing detailed plans, specifications, cost estimates,and design/construction schedules.

e. Preparing Construction Safety and Phasing Plan.

f. Printing and providing necessary copies of engineeringdrawings and contract specifications.

3. Bidding Phase

a. Assisting in securing construction bids, analyzing bidresults, and furnishing recommendations on bid awards.

4. Construction Phase

a. Providing consultation and advice to the sponsor duringall phases of construction.

b. Representing the sponsor at preconstructionconferences.

c. Inspecting work in progress and providing appropriatereports to the sponsor.

d. Reviewing and approving shop and erection drawingssubmitted by contractors for compliance with designconcept.

e. Reviewing, analyzing, and approving laboratory and milltest reports of materials and equipment.

f. Preparing and negotiating change orders andsupplemental agreements.

g. Observing or reviewing performance tests required byspecifications.

h. Determining amounts owed to contractors and assistingsponsors in the preparation of payment requests foramounts reimbursable from grant projects.

i. Making final inspection and submitting reports of thecompleted project to the sponsor to include, but not belimited to, any reports required by the FAA and theOwner.

j. Reviewing operations and maintenance manuals.

5. Project Closeout Phase

a. Making final inspections and submitting punch-lists and areport of the completed project to the Sponsor.

b. Providing record drawings.

c. Preparing summary of material testing report.

d. Preparing summary of project change orders.

e. Preparing grant amendment request and associatedjustification, if applicable.

f. Preparing final project reports including financialsummary.

g. Obtaining release of liens from all contractors.

Special Services

a. Performing other tasks as needed for design andconstruction of the projects.

II. Proposal Evaluation Process

A. Proposal Content and Format

Proposal Content and Format

Statements of Qualifications are limited to a total of 50-pages, includingtransmittal letter, resumes, and all exhibits; but excluding any cover or dividerpages. The statements must contain the following information presented in thefollowing order:

1) Transmittal Letter

2) Corporate Background and Financial Stability:a) Name of firm and brief profile and history of firmb) Location of the office(s) to perform the workc) Copies of the two (2) most recent year’s Income Statement, Balance

Sheet, Statement of Cash Flow, and Auditor’s Report.d) Indicate whether your firm has ever been sued for issues pertaining to fee

payment and/or contract performance. If yes, provide detailse) Indicate whether your firm has ever been declared bankrupt. If yes, state

date, court jurisdiction, amount of liabilities and amount of assets.f) Has your company ever had an agreement defaulted or cancelled during

the past 5 years?g) Has your firm ever had a surety bond or contract security cancelled or

forfeited?

3) Corporate Ability to Perform the Worka) Outline the current workload for the primary branch location responsible

for completion of these services. Outline the resources that your companyhas available to devote to this airport and projects covered under thissolicitation. Demonstrate your capability to meet schedules anddeadlines.

b) Describe the firm’s experience working with the FAA Great Lakes RegionAirport District office. Provide contact names and phone numbers.

c) Proposed method to achieve Disadvantaged Business Enterprise (DBE)participation in accordance with funding project requirements. Include 3examples of goal achievements at airports of like size with the past 3years.

4) Project Manager and Team Experiencea) Include an organization chart with all identified firms and key personnel.b) Include resumes of all key personnel who will specifically work on the

projects.c) Indicate the location where Project Management for Authority contracts

will be conducted. Detail specialty services that will be performed fromother locations and include these locations.

d) Identify sub-consulting firms to be used on a regular basis, if any.

5) Project Performancea) Examples of projects that best illustrate the proposed team’s qualifications

for this project.b) Describe the firm’s approach to project delivery.c) Describe the firm’s on-time and in-budget performance on projects.

6) References

a) Provide three (3) references to include the contact name, company name,and phone number for airport projects of like size and scope. Referenceexperience shall have been completed in the last 5 years.

B. Evaluation Process

The proposals will be evaluated and ranked on the basis of thewritten material submitted. Evaluation criteria will be related to thefollowing and weighted as shown:

Corporate Background and Financial Stability 5%Corporate Experience and Ability to Perform the Work atSimilarly Sized Airports

Capability to meet schedules or deadlines 5%Experience with Similar Projects 15%

Great Lakes ADO Experience 10%DBE Approach 5%

Project Manager and Team ExperienceBackground and Experience of Project Manager 20%

Experience and Depth of Supporting Team to perform all ormost aspects of potential projects

15%

Project PerformanceProject Delivery Approach 10%

Familiarity with and proximity to Fort Wayne, Indiana 10%

References 5%

III. Terms and Conditions

Exhibit A Contains a copy of the most recent Grant Assurances that have beenagreed upon between the Fort Wayne-Allen County Airport Authority and theFAA. Grant requirements are a condition of all grants that we accept and mustbe adhered to. These requirements are subject to change by the FAA. Theselected firm must agree to comply with all applicable requirements whenperforming services as a result of this solicitation.

The professional services agreement to be executed with the successfulconsultant is enclosed as Exhibit B. The specific scope of work for each projectand the fees negotiated to cover these services will be incorporated as anaddendum to this agreement.

The laws of the State of Indiana require that the contents of the contract file,except for information that is classified as proprietary, be made available forpublic inspection after contract award. Proprietary information shall be submitted

separately and clearly marked in a sealed envelope. The outside of the envelopeshall be marked to indicate that it contains materials which are proprietary andare not to be disclosed. Data that may be designated as proprietary are tradesecrets, manufacturing processes, and financial information not otherwisepublicly available.

Unreasonable requests for confidentiality will not be honored. In addition, eachrequest for confidentiality must be supported by a written explanation of eachitem declared proprietary and the reason for the request (i.e. why the item isconsidered a trade secret, a manufacturing process, or financial information nototherwise available.)

Exhibit A

EXHIBIT BSTANDARD PROFESSIONAL SERVICES AGREEMENT

FAA FUNDED AIP PROJECTSENGINEERING SERVICES

(Name of Firm)

THIS AGREEMENT made by and between the FORT WAYNE-ALLEN COUNTY

AIRPORT AUTHORITY (the "Owner") and (the “Engineer”);

WHEREAS, the Owner desires to secure services required

for the project(s) described by Addendums, attached hereto and made a part hereof; and,

WHEREAS, the Owner, based on a review of proposals submitted by interested

engineering firms, has selected the Engineer to perform those services required for the project(s) described

by Addendum; and,

WHEREAS, the Engineer desires to perform all the necessary professional services in

connection with these Projects,

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained

herein, the Owner and the Engineer agree as follows:

ARTICLE I. PROJECT.

(a) The Owner agrees to employ, and does hereby employ and engage the Engineer,

pursuant to the terms and conditions in this Agreement, to perform for the Owner all necessary professional

services incident to the Project(s), the scope of which detailed services and fees are specifically and

separately set out by Addendum(s) which are attached hereto and made a part hereof (the "Project(s)").

ARTICLE II. OWNER'S RESPONSIBILITIES.

The Owner further agrees as follows:

(a) To give the Engineer such information as is pertinent to the Project;

(b) To provide access to the real estate and/or facilities of the Owner as required by

the Engineer, subject to reasonable notice and airport rules and regulations;

(c) To review all studies, reports, sketches, estimates, drawings, specifications,

proposals, and other documents presented by the Engineer to the Owner, and to timely respond, in writing,

to the documentation submitted for review so as not to delay the work of the Engineer;

(d) To advertise for proposals relative to construction contracts, if applicable, and to

open the proposals solicited at the appointed time and place, and to pay all costs incident thereto;

(e) Designate, in writing, that person who will act as Owner's representative with

respect to the work to be performed by the Engineer pursuant to this Agreement;

(f) To give prompt, written notice to the Engineer whenever the Owner observes or

otherwise becomes aware of any deviations from the scope of the Project;

(g) To obtain any necessary approvals or consents from those individuals, entities,

authorities, or agencies having jurisdiction over or being necessary for completion of the Project;

PROVIDED, HOWEVER, that the Engineer shall identify and advise the Owner, in writing, as to those

individuals, entities, authorities, and agencies whose approval or consent may be required in order to

complete the Project.

ARTICLE III. ENGINEER'S RESPONSIBILITIES.

(a) Pursuant to the scope of work identified by Addendum(s) the Engineer shall:

1. Prepare such drawings, plans, studies, reports, sketches, estimates,

specifications, proposals, and other documentation as is necessary to satisfactorily complete the Project.

Engineer agrees to comply with all applicable requirements contained in the Terms and Conditions of

Accepting Airport Improvement Program Grants as contained in Exhibit A of the proposal document;

2. Attend such Board meetings, conferences, or other meetings with or on

behalf of the Owner and other individuals, entities, authorities, or agencies as may be required, in the

judgment of the Owner, by the Project;

3. Prepare and furnish such documentation, as is required by the terms of the

Project(s) scope of services, including, but not limited to, all necessary plans and specifications, in

accordance with public construction bid requirements, to be provided to bidders and contractors, reports,

estimates, and technical papers. All specifications shall be on Windows Microsoft Word (current version).

Engineer shall be capable of providing On Line services for the electronic transfer of engineering

documents between the Engineers project office and place of business. The Engineer shall provide sets of

that documentation required for the Project for the Owner, and shall deliver to the Owner, upon completion

of the Project, in addition to any documentation specified in the Project(s), all "As Builts," and/or record

drawings for the Project. In addition, the Engineer shall provide "As Builts" in electronic form on

AutoCAD latest version and PDF format.

Original documents, such as tracings, plans, specifications, maps, basic survey notes and

sketches, charts, computations, and other data prepared or obtained under the terms of the contract, are

instruments of service and generally will remain the property of the Engineer unless otherwise agreed to by

both parties or covered under an Addendum. Reproducible copies of drawings and copies of other

pertinent data will be made available to the sponsor upon request.

4. Comply with all laws, orders, and regulations of any governmental

authority relating to its work on the Project for the Owner, including, but not limited to, the rules and

regulations adopted by the Owner and all rules and regulations of the Federal Aviation Administration (and

specifically, without limitation, Federal Aviation Regulations Parts 1542 and 139). Any violation by the

Engineer, its employees, suppliers, guests, business invitees, or agents of any rule or regulation that results

in the assessment of a fine against the Owner by any authority or agency shall be paid by the Engineer to

the Owner in an amount equal to the penalty assessed;

5. Provide all vehicles and equipment as may be required by the Engineer for

work in or around the Fort Wayne International Airport, including, but not limited to, ground control

radios.

(b) The Owner makes no assurance that any of the proposed FAA funded projects

contained in its 5 year Capital Improvement Program or its fiscal year budgets for 200_ through 200_ will

be undertaken or that any engineering, planning, or other professional services associated with these

projects shall be contracted for with the Engineer for planning, design, analysis, or project inspection.

Engineer shall only commence work on approved projects after receiving a written Notice to Proceed to

begin design work.

(c) This agreement covers work to be completed on a project-by-project basis. Each

project assigned to the Engineer shall have a scope of services developed for the planning, design, analysis,

and/or project inspection defining the work to be completed by the Engineer. Each work project approved

by the Owner and Engineer shall become an Addendum to this agreement and become attached to and

made a part hereof.

(d) Attachment A contains federal contract requirements which govern work associated

with this contract.

(e) Attachment B contain certifications that must be completed and submitted by the

Engineer along with this contract.

ARTICLE IV. TERMINATION OF CONTRACT

(a) The Owner may, by written notice to the Consultant, terminate this Agreement

for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of

termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all

services affected.

Upon termination of the Agreement, the Consultant must deliver to the Owner all data,

surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other

documents and materials prepared by the Engineer under this contract, whether complete or partially

complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory

work completed up through the date the Consultant receives the termination notice. Compensation will

not include anticipated profit on non-performed services.

Owner further agrees to hold Consultant harmless for errors or omissions in documents that are

incomplete as a result of the termination action under this clause.

(b) Either party may terminate this Agreement for cause if the other party fails to fulfill

its obligations that are essential to the completion of the work per the terms and conditions of the

Agreement. The party initiating the termination action must allow the breaching party an opportunity to

dispute or cure the breach.

The terminating party must provide the breaching party [7] days advance written notice

of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the

conditions necessary to cure the breach, and the effective date of the termination action. The rights and

remedies in this clause are in addition to any other rights and remedies provided by law or under this

agreement.

1. Termination by Owner: The Owner may terminate this Agreement in whole or in

part, for the failure of the Consultant to:

Perform the services within the time specified in this contract or by Owner

approved extension;

Make adequate progress so as to endanger satisfactory performance of the

Project; or

Fulfill the obligations of the Agreement that are essential to the completion of

the Project.

Upon receipt of the notice of termination, the Consultant must immediately discontinue all

services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant

must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,

estimates, summaries, and other documents and materials prepared by the Engineer under this contract,

whether complete or partially complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory

work completed up through the date the Consultant receives the termination notice. Compensation will

not include anticipated profit on non-performed services.

Owner further agrees to hold Consultant harmless for errors or omissions in documents that

are incomplete as a result of the termination action under this clause.

If, after finalization of the termination action, the Owner determines the Consultant was not

in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner

issued the termination for the convenience of the Owner.

2. Termination by Consultant: The Consultant may terminate this Agreement in

whole or in part, if the Owner:

Defaults on its obligations under this Agreement;

Fails to make payment to the Consultant in accordance with the terms of this

Agreement;

Suspends the Project for more than [180] days due to reasons beyond the control

of the Consultant.

Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate

with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If

Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant

may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of

this Agreement based upon the Owner’s breach of the contract.

In the event of termination due to Owner breach, the Engineer is entitled to invoice

Owner and to receive full payment for all services performed or furnished in accordance with this

Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date

of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents

that are incomplete as a result of the termination action under this clause.

ARTICLE V. ENGINEER'S COMPENSATION.

(a) The Owner, for and in consideration of the rendering of Engineer's services on the Project

agrees to compensate the Engineer, in accordance with the provisions set out by Addendum, attached

hereto and made a part hereof. All hourly rates, overhead factor, and project profit factor must be

separately itemized in addition to a detailed breakdown for the labor hours to be utilized for each

classification listed. The Engineer may submit, no more frequently than monthly, an itemized claim

detailing services performed in the format outlined in the Addendum. Such claim, on a line by line basis,

shall not exceed the compensation detailed in the Addendum unless a written change order has been

approved and signed. To the extent that the itemized claim submitted to Owner represents charges incurred

by the Engineer from subcontracting firms, testing companies, or otherwise the Engineer shall certify in a

manner satisfactory to the Owner that such claims shall be paid by the Engineer in a timely manner. All

costs must be consistent with 2 CFR 200.459, FAA Order 5100.38 and 48 CFR Part 31.

(b) Engineer shall be reimbursed for out-of-pocket expenditures, including, but not limited to,

the cost of all fees paid to governmental authorities or agencies, reproduction of contract documents and

such travel and subsistence expenses per the project Addendum. All costs must be consistent with 2 CFR

200.459, FAA Order 5100.38 and 48 CFR Part 31.

(c) The Engineer shall pay all subcontractors for satisfactory performance of their contracts no

later than 10 days from receipt by the Engineer of a partial payment from the Owner, which partial payment

covers such subconsultant’s work. Engineer shall return to each of its subconsultants, within 30 days after

such subconsultant’s work is satisfactorily completed, one hundred percent of their retainage (if

applicable). The Engineer shall provide to the Owner written evidence of compliance with this section

from time to time and as requested by Owner.

ARTICLE VI. INSURANCE.

Engineer agrees to procure and maintain, at its expense, workmen's compensation

insurance and bodily injury liability insurance policies, with minimum limits of liability of not less than

One Million Dollars ($1,000,000) for each claim arising out of bodily injury and not less than One Million

Dollars ($1,000,000) for all damages arising out of bodily injury including death, arising out of the same

occurrence. Engineer shall also secure and maintain property damage liability insurance policies with

minimum limits of not less than Five Million Dollars ($5,000,000) for all damages arising out of injury to

or destruction of property during the policy period. Engineer shall also procure and maintain, at its

expense, Engineer's errors and omissions insurance coverage with a minimum coverage of One Million

Dollars ($1,000,000). Prior to the commencement of work on this Project, Engineer shall furnish to the

Owner a Certificate of Insurance, evidencing the requisite coverages specified herein.

ARTICLE VII. EQUAL EMPLOYMENT OPPORTUNITY.

The Engineer shall comply with the provisions of Executive Order No. 11246, entitled

"Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CFR, Part

60). The Engineer shall not discriminate against any employee or applicant for employment, to be

employed in the performance of this Agreement, with respect to his hire, tenure, terms, conditions, or

privileges of employment or any matter directly or indirectly related to employment on the basis of race,

color, religion, creed, national origin, sex, or age. Breach of this covenant may be regarded as a material

breach of the Agreement.

ARTICLE VIII. Compliance with Nondiscrimination Requirements

During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest

(hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with

the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended

from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract,

will not discriminate on the grounds of race, color, or national origin in the selection and retention

of subcontractors, including procurements of materials and leases of equipment. The contractor

will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination

Acts and Authorities, including employment practices when the contract covers any activity,

project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all

solicitations, either by competitive bidding, or negotiation made by the contractor for work to be

performed under a subcontract, including procurements of materials, or leases of equipment, each

potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations

under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color,

or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the

Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,

records, accounts, other sources of information, and its facilities as may be determined by the

sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such

Nondiscrimination Acts And Authorities and instructions. Where any information required of a

contractor is in the exclusive possession of another who fails or refuses to furnish the information,

the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate,

and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-

discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or

the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the contractor under the contract until the contractor complies;

and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one

through six in every subcontract, including procurements of materials and leases of equipment,

unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor

will take action with respect to any subcontract or procurement as the sponsor or the Federal

Aviation Administration may direct as a means of enforcing such provisions including sanctions

for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with

litigation by a subcontractor, or supplier because of such direction, the contractor may request the

sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor

may request the United States to enter into the litigation to protect the interests of the United States.

Title VI List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest

(hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination

statutes and authorities; including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits

discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of

Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42

U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been

acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits

discrimination on the basis of disability); and 49 CFR part 27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits

discrimination on the basis of age);

Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,

(prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and

applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and

Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs

or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients

and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on

the basis of disability in the operation of public entities, public and private transportation systems,

places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as

implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits

discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations

and Low-Income Populations, which ensures non-discrimination against minority populations by

discouraging programs, policies, and activities with disproportionately high and adverse human

health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency, and resulting agency guidance, national origin discrimination includes discrimination

because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take

reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from

discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE IX. GENERAL CIVIL RIGHTS PROVISIONS

The Engineer 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 Engineer and subtier contractors from the bid solicitation period through

the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights

Act of 1964.

ARTICLE X. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES.

The Engineer shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in

the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these

requirements is a material breach of this contract that may result in the termination of this contract or such

other remedy as the recipient deems appropriate.

(a) DBE Obligation. The Engineer agrees to ensure that disadvantaged business

enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance

of contracts and subcontracts financed in whole or in part with Federal funds provided under this

Agreement. In this regard, the Engineer shall take all necessary and reasonable steps in accordance with 49

CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete

for and perform contracts.

(b) The Engineer hereby acknowledges the Owners Disadvantaged Business

Enterprise (DBE) goal for any assigned Project(s) shall be determined on a Project by Project basis and

shall be outlined in each Addendum attached hereto and made a part hereof. The Engineer intends to meet

this goal through subcontracts with qualified DBE firms. In the event that the Engineer is unable to meet

the established goal for a project, the Engineer will demonstrate that he made good faith efforts to do so as

defined in Appendix A, 40 CFR Part 26. The Engineer shall provide a time line graph (Gantt Chart)

showing the expected participation periods for each of the approved DBE participant throughout the

contract period. Each pay request will be accompanied by a report certifying payments to date for all

Disadvantaged Business Enterprise participants and the percentage of goal attainment at the date of the

request of payment. No pay request will be processed until this information has been submitted to the

Owners representative and approved by that representative.

The Engineer agrees to pay each subcontractor under this contract for satisfactory

performance of its contract no later than 10 days from the receipt of each payment the prime contractor

receives from Owner. Any delay or postponement of payment from the above referenced time frame may

occur only for good cause following written approval of the Owner. This clause applies to both DBE and

non-DBE subcontractors.

ARTICLE XI. ACCESS TO RECORDS AND REPORTS.

The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees that the

Owner, the Federal Aviation Administration, the Comptroller General of the United States, or any of their

duly authorized representatives shall have access to any books, documents, papers, and records of the

Engineer that are directly pertinent to the specific contract for the purpose of making audit, examination,

excerpts, and transcriptions. The Engineer is required to maintain all books, records, and reports required

under this contract for a period not less than three (3) years after final payment has been made and all other

pending matters are closed.

XII. BREACH OF CONTRACT TERMS

Any violation or breach of terms of this contract on the part of the Consultant 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 Consultant written notice that describes the nature of the breach and

corrective actions the Consultant must undertake in order to avoid termination of the contract. 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

Consultant must correct the breach. Owner may proceed with termination of the contract if the

Consultant fails to correct the breach by the deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and

remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights

and remedies otherwise imposed or available by law.

ARTICLE XIII. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARYEXCLUSION

The Engineer certifies, by acceptance of this contract, that neither it nor its principals is

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency. It further agrees by acceptance of

this contract that it will include this clause in all lower tier transactions, solicitations, proposals, contracts,

and subcontracts. Where the Engineer or any lower tier participant is unable to certify to this statement, it

shall attach an explanation to the agreement.

ARTICLE XIV. SUCCESSORS AND ASSIGNS.

The Owner and the Engineer each binds himself, his partners, successors, assigns, and

legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal

representatives of such other party in respect of all covenants of this Agreement. Neither the Owner nor the

Engineer shall assign or transfer his interest in this Agreement without the written consent of the other;

notwithstanding the foregoing, Engineer shall have complete authority and responsibility for all

subcontractors that Engineer, in its sole discretion, deems necessary to complete the Project without

consent of Owner.

ARTICLE XV. CONTRACT TERM

This contract shall be effective ____________ and shall run through ___________ . This

contract may be renewed for four one-year renewal options, if so mutually agreed upon by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day

of

, 20___.

FORT WAYNE-ALLEN COUNTY________________________________________ AIRPORT AUTHORITY

BY: BY:Scott D. Hinderman, A.A.E.

ITS: ITS: Executive Director of Airports

ATTACHMENT A

ADDITIONAL FEDERAL CONTRACT PROVISIONS

CONTRACT WORKHOURS AND SAFETY STANDARDSACT REQUIREMENTS

(Professional Services Contracts Exceeding $100,000.00 and employing laborerers, mechanics, watchmen,and guards to include members of survey crews and exploratory drilling operations)

(1) Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which mayrequire or involve the employment of laborers or mechanics shall require or permit anysuch laborer or mechanic, including watchmen and guards, in any workweek in which heor she is employed on such work to work in excess of forty hours in such workweek unlesssuch laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph 1 above, the contractor orany 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 workdone under contract for the District of Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidated damages shall be computed withrespect to each individual laborer or mechanic, including watchmen and guards, employedin violation of the clause set forth in paragraph 1. above, in the sum of $10 for eachcalendar day on which such individual was required or permitted to work in excess of thestandard workweek of forty hours without payment of the overtime wages required by theclause set forth in paragraph 1 above.

(3) Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration or the Sponsor shall upon its own action or uponwritten request of an authorized representative of the Department of Labor withhold orcause to be withheld, from any monies payable on account of work performed by thecontractor or subcontractor under any such contract or any other Federal contract with thesame prime contractor, or any other Federally-assisted contract subject to the ContractWork Hours and Safety Standards Act, which is held by the same prime contractor, suchsums as may be determined to be necessary to satisfy any liabilities of such contractor orsubcontractor for unpaid wages and liquidated damages as provided in the clause set forthin paragraph 2 above.

(4) Subcontractors.

The contractor or subcontractor shall insert in any subcontracts the clauses set forth inparagraphs 1 through 4 and also a clause requiring the subcontractor to include theseclauses in any lower tier subcontracts. The prime contractor shall be responsible forcompliance by any subcontractor or lower tier subcontractor with the clauses set forth inparagraphs 1 through 4.

TEXTING WHILE DRIVING

In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While

Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the

Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety

policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving

when performing work related to a grant or subgrant.

In support of this initiative, the Owner encourages the Engineer to promote policies and initiatives for its

employees and other work personnel that decrease crashes by distracted drivers, including policies that

ban text messaging while driving motor vehicles while performing work activities associated with the

project. The Engineer 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.

CLEAN AIR AND WATER POLLUTION CONTROL

Engineer agrees to comply with all applicable standards, orders, and regulations issued pursuant to the

Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC

§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.

The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the

Federal Aviation Administration.

Engineer must include this requirement in all subcontracts that exceeds $150,000.

ENERGY CONSERVATION REQUIREMENTS

Engineer 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).

FEDERAL FAIR LABOR STANDARDS ACT

(Minimum Wage)

All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of

29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given

in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for

full and part-time workers.

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The

Consultant must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division

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.

SEISMIC SAFETY

In the performance of design services, the Consultant agrees to furnish a building design and associated

construction specification that conform to a building code standard that provides a level of seismic safety

substantially equivalent to standards as established by the National Earthquake Hazards Reduction

Program (NEHRP). Local building codes that model their building code after the current version of the

International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the

conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of

compliance” that attests conformance of the building design and the construction specifications with the

seismic standards of NEHRP or an equivalent building code.

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.

ATTACHMENT B

CERTIFICATION OF ENGINEER

I hereby certify that I am the Engineer and duly authorized representative of the firm

, whose address is

, and that neither I nor the above firm I

here represent has:

(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other

consideration, any firm or person (other than a bona fide employee working solely for me or the above

consultant) to solicit or secure this Contract,

(b) Agreed, as an express or implied condition for obtaining this Contract, to employ or

retain the services of any firm or person in connection with carrying out the Contract, or

(c) Paid or agreed to pay to any firm, organization, or person (other than a bona fide

employee working solely for me or the above consultant) any fee, contribution, donation, or consideration

of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly

stated (if any):

I acknowledge that this certificate is to be furnished to the Federal Aviation Administration

of the United States Department of Transportation, in connection with this Contract involving participation

of Airport Improvement Program (AIP) funds and is subject to applicable state and federal laws, both

criminal and civil.

(Date) (Signature)

CERTIFICATE FOR CONTRACTS, GRANTS, LOANSAND COOPERATIVE AGREEMENTSLOBBY ACTIVITY CERTIFICATION

A. The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer ofemployee of any agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the entering intoof any cooperative agreement, and the extension, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to anyperson for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member ofCongress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit standard Form-LLL, "Disclosure of LobbyActivities," in accordance with its instructions.

(3) The Undersigned shall require that the language of this certification be included in theaward documents for all subawards at all tiers (including subcontracts, subgrants, andcontracts under grants, loans, and cooperative agreements) and that all subrecipients shallcertify and disclose accordingly.

B. This certification is a material representation of fact upon which reliance was placed when thistransaction was made or entered into. Submission of this certification is a prerequisite for makingor entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person whofails to file the required certification shall be subject to a civil penalty of not less than $10,000 andnot more than $100,000 for each such failure.

(Date) Contractor's AuthorizedRepresentative

TRADE RESTRICTION CERTIFICATION

By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant

contract, the Offeror -

a. is not owned or controlled by one or more citizens of a foreign country included in the list of

countries that discriminate against U.S. firms as published by the Office of the United States

Trade Representative (U.S.T.R.);

b. has not knowingly entered into any contract or subcontract for this project with a person that is a

citizen or national of a foreign country included on the list of countries that discriminate against

U.S. firms as published by the U.S.T.R; and

c. has not entered into any subcontract for any product to be used on the Federal on the project that

is produced in a foreign country included on the list of countries that discriminate against U.S.

firms published by the U.S.T.R.

This certification concerns a matter within the jurisdiction of an agency of the United States of America

and the making of a false, fictitious, or fraudulent certification may render the maker subject to

prosecution under Title 18, United States Code, Section 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 thelist of countries that discriminate against U.S. firms published by the U.S.T.R. or

(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreigncountry on such U.S.T.R. list or

(3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;

Nothing contained in the foregoing shall be construed to require establishment of a system of records in

order to render, in good faith, the certification required by this provision. The knowledge and information

of a contractor is not required to exceed that which is normally possessed by a prudent person in the

ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this

provision for certification without modification in in all lower tier subcontracts. The contractor may rely

on the certification of a prospective subcontractor that it is not a firm from a foreign country included on

the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has

knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an

award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous

certification, the Federal Aviation Administration may direct through the Owner cancellation of the

contract or subcontract for default at no cost to the Owner or the FAA.


INDIANA LEGAL EMPLOYMENT DECLARATION

The State of Indiana has enacted a law (I.C. 22-5-1.7) requiring the Fort Wayne-Allen County AirportAuthority to require the following before renewing or entering into contracts for services:

This Declaration serves as notice that all Contractors performing services must, as a term of theircontract:

1. Enroll in and verify the work eligibility status of newly hired employees of the contractorthrough the E-Verify programs (but is not required to do this if the E-Verify program nolonger exists); and

2. Verify, by signature below, that the Contractor does not knowingly employ unauthorizedaliens.

By signing below, this affidavit becomes a part of and is incorporated into any contract for servicesthat your firm currently has with the Fort Wayne-Allen County Airport Authority.

I, __________________________, a duly authorized agent of ____________________(name of Company),declare under penalties of perjury that __________________________(name of Company) does not employunauthorized aliens to the best of its knowledge and belief.

__________________________(Name of Company)

By:________________________(Authorized Representative of Company)

Subscribed and sworn to before me on this ___________day of ______________, 20___.

My Commission Expires: _________________

County of Residence: ___________________

_____________________________________Notary Public – Signature

_____________________________________Notary Public – Printed Name

PLEASE SEE https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES FORINSTRUCTIONS AND ELECTRONIC REGISTRATION FOR E-VERIFY.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT

The Engineer, by administering each lower tier subcontract that exceeds $25,000 as a “covered

transaction”, must verify each lower tier participant of a “covered transaction” under the project is not

presently debarred or otherwise disqualified from participation in this federally assisted project. The

successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding

Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a

higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,

the FAA may pursue any available remedies, including suspension and debarment of the non-compliant

participant.


CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY

CONVICTIONS

The Engineer must complete the following two certification statements. The applicant must indicate its

current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the

space following the applicable response. The Engineer agrees that, if awarded a contract resulting from

this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1) The Engineer represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax

liability that has been assessed, for which all judicial and administrative remedies have been

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement

with the authority responsible for collecting the tax liability.

2) The Engineer represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal

violation under any Federal law within the preceding 24 months.

Note

If the Engineer applicant responds in the affirmative to either of the above representations, the Engineer is

ineligible to receive an award unless the sponsor has received notification from the agency suspension

and debarment official (SDO) that the SDO has considered suspension or debarment and determined that

further action is not required to protect the Government’s interests. The applicant therefore must provide

information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA

Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required

considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twentyfour(24) months of a felony criminal violation under any Federal law and includesconviction of an offense defined in a section of the U.S. code that specifically classifiesthe offense as a felony and conviction of an offense that is classified as a felony under 18U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, forwhich all judicial and administrative remedies have been exhausted, or have lapsed, and that is notbeing paid in a timely manner pursuant to an agreement with the authority responsible forcollecting the tax liability.

CERTIFICATE OF BIDDER for the above.

BIDDER’S NAME _____________________________________________________

SIGNATURE __________________________________________________________