1991-2X-BID-PROJECT MANUAL~9.pdf

Work Number: PHL-1991.24 (GENERAL) Work Number: PHL-1991.25 (ELECTRICAL) Work Number: PHL-1991.26 (MECHANICAL)

Project Manual for:

TERMINAL D HOLDROOM IMPROVEMENTS

Prepared by:

City of Philadelphia Department of Aviation Capital Development Group

Bid Number: 6714 (GENERAL) Bid Number: 6715 (ELECTRICAL) Bid Number: 6716 (MECHANICAL)

Bid Opening Date: JULY 21, 2026

FEDERALLY FUNDED

AIP #: 3-42-0076-XXX-2026

HOK Architects, Inc.

One Logan Square, Suite 1510

Philadelphia, PA 19103

THIS PAGE INTENTIONALLY LEFT BLANK

PHILADELPHIA INTERNATIONAL AIRPORT BID 6714, 6715, 6716

TERMINAL D HOLDROOM IMPROVEMENTS PHL-1991.24/.25/.26

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SECTION A - TABLE OF CONTENTS

TITLE PAGES

SECTION A - Table of Contents A-1

SECTION B - Bid Proposal - General BG-1 to BG-19 DBE LANGUAGE – General 1 to 11

SECTION B - Bid Proposal - Electrical BE-1 to BE-19 DBE LANGUAGE – Electrical 1 to 11

SECTION B - Bid Proposal - Mechanical BM-1 to BM-19 DBE LANGUAGE – Mechanical 1 to 11

BID PROCESSING FEE FLYER 1

NOTICE OF LCP TRACKING SYSTEM LCP-1

MAYOR’S EXECUTIVE ORDER 7-14 (OIG) EO-1

ACT 141 VERIFICATION FORM AT-1

WAGE RATES

City Wage Rates dated May 26, 2026 1 to 16 Federal Wage Rates dated January 2, 2026 1 to 12

STANDARD CONTRACT REQUIREMENTS – September 2025 1 to 44

SECTION C - Special Provisions C-1 to C-24

PHL RULES AND REGULATIONS, SECTION 7 7-1 to 7-33

PHL CHANGED CONDITIONS AFFECTING SECURITY GUIDELINES 1 to 6

SECTION D - Other Federal Law Requirements D-1 to D-18

FAA GENERAL PROVISIONS GP1 to GP 52

TECHNICAL SPECIFICATIONS

PHILADELPHIA INTERNATIONAL AIRPORT BID 6714

TERMINAL D HOLDROOM IMPROVEMENTS- GENERAL PHL-1991.24

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CITY OF PHILADELPHIA

DEPARTMENT OF AVIATION

DESCRIPTION OF WORK

THE PROJECT INCLUDES BUT IS NOT LIMITED TO THE IMPROVEMENTS TO ALL OF THE

HOLDROOMS IN TERMINALS D&E AS PART OF A LARGER COMPREHENSIVE STRATEGY TO

MODERNIZE THE PASSENGER EXPERIENCE FOR THE ENTIRE FACILITY.

A MANDATORY PRE-BID MEETING IS SCHEDULED FOR JUNE 23, 2026 AT 1:30PM IN THE

DEPARTMENT OF AVIATION, CAPITAL DEVELOPMENT GROUP OFFICE LOCATED AT 2

INTERNATIONAL PLAZA DRIVE, SUITE 200, PHILADELPHIA, PA 19113. POTENTIAL BIDDERS MUST

ATTEND THE MEETING IN PERSON IN ORDER TO REMAIN ELIGIBLE FOR THE APPROVED BIDDER

LIST.

ANY/ALL REQUESTS FOR INFORMATION FROM BIDDERS MUST BE SUBMITTED IN WRITING ON THE

“Q & A” TAB WITHIN PRE-QUALIFICATION SOLICITATION B2727241 ON

WWW.PHLCONTRACTS.PHILA.GOV NO LATER THAN JULY 2, 2026.

QUOTES ARE TO BE SUBMITTED BEFORE 10:30AM EST ON JULY 21, 2026 ON

WWW.PHLCONTRACTS.PHILA.GOV.

AN OPENING OF THE SEALED QUOTES WILL BE PUBLICLY CONDUCTED VIRTUALLY VIA ZOOM.

NOTICE: NO QUOTE WILL BE ACCEPTED UNLESS THE PRE-QUALIFICATION QUESTIONNAIRE WITH ALL QUESTIONS FULLY ANSWERED IS SUBMITTED WITHIN THE PRE-QUALIFICATION SOLICITATION

B2727241 ON WWW.PHLCONTRACTS.PHILA.GOV ON OR BEFORE JULY 2, 2026.

NOTICE: THE CITY OF PHILADELPHIA, AS THE OWNER AND OPERATOR OF PHILADELPHIA

INTERNATIONAL AIRPORT, IN ACCORDANCE WITH THE PROVISIONS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (78 STAT. 252, 42 U.C.S §§ 2000D TO 2000D-4) AND THE REGULATIONS IN 49

CODE OF FEDERAL REGULATIONS PART 21, HEREBY NOTIFIES ALL BIDDERS THAT IT WILL

AFFIRMATIVELY ENSURE THAT FOR ANY CONTRACT ENTERED INTO PURSUANT TO THIS

ADVERTISEMENT, DISADVANTAGED BUSINESS ENTERPRISES WILL BE AFFORDED FULL AND FAIR

OPPORTUNITY TO SUBMIT BIDS IN RESPONSE TO THIS INVITATION AND WILL NOT BE

DISCRIMINATED AGAINST ON THE GROUNDS OF RACE, COLOR OR NATIONAL ORIGIN IN

CONSIDERATION FOR AN AWARD.

THE PROCUREMENT COMMISSIONER RESERVES THE RIGHT TO REJECT THE BID.

http://www.phlcontracts.phila.gov/

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To the Procurement Commissioner:

…….hereby proposes to furnish all the labor, materials and equipment and incidentals, perform the whole of the work, and submit to all conditions, as represented, intended and implied, both particularly and generally, by the Plans, Special Specifications, Standard Specifications, Standard Details, Standard Contract Requirements, Form of Agreement, the Ordinance authorizing the work and this bid at the prices herein stated, and agrees that each item bid shall be complete in itself, and the City may increase or diminish the amount of work there under, or omit the item without invalidating the unit price bid for it or any other item, on the following terms to wit:

BASE BID:

ITEM

NO.

APPROX.

QUANT

ITEM DESCRIPTION

TOTAL AMOUNT

BID FOR ITEM

Dollars|Cents

1 Lump Sum BASE BID PRICE:

For furnishing all materials, labor, equipment, and incidentals for the completion of the General Prime Contract scope of work for the TERMINAL D HOLDROOM IMPROVEMENTS project as shown and described in the plans, specifications and herein, for the lump sum of:

2 Allowance ADDITIONAL CORRECTIVE WORK ALLOWANCE:

For providing all labor, materials, and appurtenances for work items identified by the Engineer and after review, approval and authorization by the Engineer, complete. The total sum of all such items shall not exceed the allotted sum of:

One Hundred Thousand Dollars and Zero Cents

All costs paid to the Contractor against this allowance must be substantiated with priced proposals and approved by DOA prior to billing as set forth in Section 01 21 00 - Allowances

$100,000

TOTAL BASE BID PRICE: The total of items 1 through 2.

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BID BOND

FOR CITY OF PHILADELPHIA BID NUMBER: ____________

KNOW ALL MEN BY THESE PRESENTS, that we , as

Principal (hereinafter called the "Principal Obligor"), and ______________________________________

_____________________________, Surety, are jointly and severally held firmly bound unto the City of

Philadelphia hereinafter called the City, in the sum of

TEN PER CENT (10%) of the GROSS AMOUNT OF THE BID

Lawful money of the United States of America, to be paid to the said City of Philadelphia, its successors and assigns, to which payment well and truly to be made, we do bind ourselves and each of us, our and each of our successors and assigns, jointly and severally, firmly by these presents.

Sealed with our seals and dated the day of A.D. 2026.

WHEREAS, the above bounded Principal Obligor, submitted a bid pursuant to the above-referenced Bid Number to perform certain work for the City of Philadelphia.

NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the City shall accept the bid of the Principal

Obligor, the Principal Obligor shall enter into a contract with the City in accordance with the terms of such bid, and furnish such bond or bonds as are specified in the bid documents with good and sufficient surety, for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution thereof;

or in the event of the failure or refusal of the Principal Obligor to enter such contract and give such bond or bonds, if the Principal Obligor shall pay to the City the difference between the amount specified in said bid and such larger amount for which the City may legally contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

And we do for ourselves and each of us, our and each of our heirs, executors, administrators, successors, and assigns, hereby authorize and empower the City Solicitor of Philadelphia or any other attorney of any court of record in Pennsylvania or elsewhere by him or here deputized for the purpose, upon the filing of this instrument or a copy thereof, duly attested as correct by the City Solicitor of Philadelphia, to appear for us or either of us, our or either of our heirs, executors, administrators, successors or assigns, in favor of the City of Philadelphia for the sum named in this bond, without defalcation, with costs of suit, release of errors, and with five percentum added for collection fees; hereby waiving the benefit of all exemption laws and the holding of inquisition on any real estate and authorizing the entry of such condemnation upon any writ of fieri fascias and agreeing that said real estate may be sold under the same; and further waiving all errors, defects, and imperfections whatsoever in the entering of the said judgement or any process thereon, and hereby agreeing that no writ or error or objection or motion or rule to open or strike off judgment or to stay execution or appeal, shall be made or taken thereto.

And for the doing of these acts, this instrument or a copy thereof attested as aforesaid shall be full warrant and authority.

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CORPORATE SEAL: PRINCIPAL OBLIGOR:

(SEAL)

President or Vice President

Secretary or Treasurer (or either of their assistants)

SURETY:

Attorney-In-Fact

Note: 1) All sellers must utilize this Bid Bond form when submitting a bid to the City.

2) If Principal Obligor is an individual or partnership, Bid Bond should be signed by owner or authorized general partner. Please identify on the Bid Bond the type of business (e.g. individual proprietorship or partnership) and title of party executing the Bid Bond.

3) Bid Bond must be executed by a surety company duly authorized and licensed to act as surety by the Pennsylvania Insurance Commissioner pursuant to the to the laws of the Commonwealth of Pennsylvania.

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1. The City is making a concerted effort to expedite the processing of contracts and reduce contract-processing time to an absolute minimum.

A careful analysis of this problem indicates that in the past there has been a serious cause of delay by the successful bidder to return contract documents to the Procurement Department. Therefore, the awarded vendor should be as responsive as possible when returning contract documents.

2. PERFORMANCE OF WORK BY CONTRACTOR

I, the undersigned Contracting Seller, am required to perform, on the site and with my own work force, work with a value of at least twenty percent (20%) of the original total contract price, exclusive of profit, overhead and the costs of procuring insurance and bonds. I, the undersigned Contracting Seller shall submit with my Quote a complete description of the work that will be performed (e.g., earthwork, paving, brickwork, roofing, etc.), the percentage of the total work this represents, and the estimated dollar value thereof.

I shall perform the following work:

Percentage of the total contract to be performed by Contracting Seller

Estimated cost of work to be performed by Contracting Seller:

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NOTICE TO SELLERS

WORKING CAPITAL LINE OF CREDIT

The Philadelphia Industrial Development Corporation’s (“PIDC”) Contract Line-of-Credit provides short-term financing to small businesses who qualify for the program, including minority, woman, disabled-owned businesses performing contracts in the city of Philadelphia. Loans will typically fund the short-term capital needed to provide construction, procurement, or professional services to public, institutional or certain private users. Please contact Marla S. Hamilton at 215-496-8125 or mhamilton@pidcphila.com for more information.

mailto:mhamilton@pidcphila.com

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TRADE RESTRICTION CERTIFICATION

THE CITY’S CONTRACT WITH THE SUCCESSFUL BIDDER CONTAINS THE FOLLOWING

CERTIFICATION, AND THE BIDDER IS REQUIRED TO INCORPORATED THE FOLLOWING

CERTIFICATION IN ALL ITS SUBCONTRACTS

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 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 USC § 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

3) who incorporates in the public works project any product of a foreign country on such USTR 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 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 USTR, 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 (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

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Excerpt from Federal Section D

5. CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT

OPPORTUNITY (FOR CONSTRUCTION CONTRACTS EXCEEDING $10,000).

BIDDERS NAME

ADDRESS

INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER

NONSEGREGATED FACILITIES

NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION

CONTRACTORS:

a. A Certification of Nonsegregated Facilities must be submitted prior to the award of a Federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause.

b. Contractors receiving Federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE:

The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

6. CERTIFICATION OF NONSEGREGATED FACILITIES. The Federally-assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Federally-assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Federally-assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or any other reason. The Federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed

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subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files.

7. NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR

CERTIFICATION FOR NONSEGREGATED FACILITIES:

A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause.

Certification - The information above is true and complete to the best of my knowledge and belief.

Name and Title of Signer (Please type)

Signature Date

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C.S.

1001.

8. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION ON NONSEGREGATED FACILITIES.

a. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause.

b. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE:

The penalty for making false statements in offers is prescribed in 18 U.S.C.S.

9. REQUIRED LANGUAGE IN AIP CONSTRUCTION CONTRACTS, WAGE,

LABOR, EEO AND SAFETY REQUIREMENTS

SECTION A.

LABOR, EQUAL EMPLOYMENT OPPORTUNITY AND SAFETY

REQUIREMENTS FOR ALL CONSTRUCTION CONTRACTS AND

SUBCONTRACTS.

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A-l. AIP Project. The work in this contract is included in AIP Project No. 3-42-0076-XXX- 2026 which is being undertaken and accomplished by the City of Philadelphia in accordance with the terms and conditions of a grant agreement between the City of Philadelphia and the United States, under the Airport and Airway Improvement Act of 1982 (AAIA) (P.L 97-248, 49 U.S.C.S 2201 et seq.) and Part 152 of the Federal Aviation Regulations (FAR) (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under the Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract.

A-2. Consent to Assignment. The Contractor shall obtain the prior written consent of the City of Philadelphia to any proposed assignment of any interest in or part of this contract.

A-3. Veteran's Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

A-4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract.

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FAA BUY AMERICAN PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws1, U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration 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.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product;

cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals;

plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or

“Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United

States.

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CERTIFICATION OF COMPLIANCE WITH FAA BUY AMERICAN

PREFERENCE – EQUIPMENT/BUILDING 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, and other Made in America Laws, U.S.

statutes, guidance, and FAA policies 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, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product;

cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or

d) 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:

a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product.

b) To faithfully comply with providing U.S. domestic product.

c) To furnish U.S. domestic product for any waiver request that the FAA rejects.

d) 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 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified

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timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

d) To refrain from seeking a waiver request after establishment of the

Required Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is:

Questionnaire including;

b) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. 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 nondomestic products in their entirety).

c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.

d) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

Questionnaire from

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b) At minimum two comparable equal bidders and/or offerors;

c) Receipt or record that demonstrates that supplier scouting called for in

Executive Order 14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

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DEBARMENT AND SUSPENSION

THE CITY’S CONTRACT WITH THE SUCCESSFUL BIDDER CONTAINS THE

FOLLOWING CERTIFICATE, AND THAT BIDDER IS REQUIRED TO INCORPORATE

THE SECOND FOLLOWING CERTIFICATION IN ALL ITS SUBCONTRACTS FOR

AMOUNTS THAT EXCEED $25,000

The contract agreement that ultimately results from this solicitation is a “covered transaction” as defined by Title 2 CFR Part 180. Each bidder must certify at the time it submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”.

CERTIFICATION 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 successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

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

2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above; and/or

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.

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DIESEL ENGINE EMISSIONS CONTROLS FOR PUBLIC WORKS PROJECTS

In accordance with Executive Order 1-07 and in furtherance of Greenworks Philadelphia, City establishes a requirement to include clean diesel specifications in public works contracts.

Contractor, by submission of its bid, agrees to meet the requirements of this Section. This Section applies to contract bids advertised between July 1, 2013 and June 30, 2014 in which the total estimated dollar amount is $1,000,000 or greater, and to all bids, awarded on or after July 1, 2014, regardless of estimated dollar amount. Notwithstanding the foregoing, engine noncompliance shall not constitute a material breach of contract nor shall monetary penalties be assessed as provided in subsection E.2 until after January 1, 2014. If noncompliant vehicles subject to this Section are observed prior to January 1, 2014, the City may issue written warnings to the contractor.

A. Covered Vehicles: Vehicles covered under this Section include any non-road diesel engine that has a horsepower greater than 50.

B. Requirements

1. All bids for public works contracts and all applicable contracts entered into as a result of such bids covered under this Section shall include specifications that all contractors, and all of the contractor’s subcontractors, if any, in the performance of such contracts use ultra-low sulfur diesel fuel, and a listed clean diesel technology for reducing the emission of pollutants for diesel-powered non-road engines. Clean diesel technologies are further defined in part D of this Section. Retrofit emission control devices shall consist of diesel oxidation catalysts (DOC) or such other technologies that provide a minimum emissions reduction of twenty percent (20%) of particulate matter with a mean aerodynamic width of less than ten (10) microns (PM10) in the application for which it is verified. Any retrofit emission control device installed to comply with this Section must be either listed by the Environmental Protection Agency (EPA) or the California Air Resources Board (CARB) as a verified diesel retrofit technology that reduces particulate matter emissions by 20% or more, or must be certified by the diesel retrofit device manufacturer as a product that reduces particulate matter emissions by 20% or more for the covered vehicle.

2. No later than two business days before any covered vehicle is brought onto the City’s contract site, the successful bidder (hereinafter, “contractor”) shall submit to the City’s project manager information about the vehicle including confirmation that the appropriate emissions control technology has been installed on the vehicle or that the vehicle is Tier 4 or Tier 4 Interim. Except as otherwise provided, any vehicle covered under this Section shall be in compliance with this Section prior to being brought onto the contract site.

a. Contractor shall submit the following information for each covered vehicle (using Fleet Roster for Public Works Construction Projects form):

i. vehicle identification number (VIN), if applicable, or vehicle serial number, and the vehicle type, make, year and owner;

ii. the horsepower rating of each engine;

iii. the emission control device manufacturer name, model, and verifying/certifying organization; and

iv. the type of fuel to be used and approximate expected quantity.

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b. In the event contractor has purchased appropriate emissions control technology, but the technology is not delivered before use of the covered vehicle is required on the contract site, the contractor shall, in addition to submission of a.i.

through iv. above, submit proof of purchase of the emissions control technology.

Installation of the appropriate emissions control technology must be completed within five (5) days of delivery of the technology. In no event may the contractor use the covered vehicle without the use of the emission control technology, for which the technology has already been purchased an identified, on the contract site for longer than sixty (60) days.

c. If a covered vehicle owned by a contractor breaks down on the contract site, the contractor may use, if a compliant replacement is unavailable, a temporary vehicle that is not compliant while the covered vehicle is being repaired; the temporary vehicle cannot remain on site for more than 30 cumulative days after the date of the initial breakdown of the covered vehicle. Contractor shall notify the project manager in writing prior to bringing a non-compliant vehicle on the contract site.

3. The contractor shall establish truck-staging zones for vehicles that are waiting to load or unload material at the contract site. Such zones shall be located where the emissions from the trucks will have minimum impact to the public.

4. The contractor shall not permit idling of delivery and/or dump trucks, or equipment on the contract site during periods of non-active use, and it should be limited to three (3) minutes in accordance with the Philadelphia Traffic Code Anti-Idling Ordinance Section 12- 1127(1) of The Philadelphia Code (http://www.phila.gov/philacode/html/_data/title12/chapter_12_1100_miscellaneous_/12_11 27_excessive_idling_of_an.html) and the Pennsylvania Diesel-Powered Motor Vehicle Idling Act, Title 35 Purdons Pennsylvania Statutes, Section 4601 et seq.

C. Exemptions

1. Subject to written approval the City of Philadelphia Air Management Services (AMS), covered vehicles will be exempted from low diesel emission controls if one or more of the following conditions exist:

a. it is physically impossible to install appropriate emissions control technology on the vehicle;

b. installation of the appropriate emissions control technology would render vehicle operation unsafe due to obstructed sightline;

c. installation of the appropriate emissions control technology would void any applicable expressed manufacturer’s warranty on the vehicle; or

d. the covered vehicle will not be at the work site for more than a total of three

(3) business days.

2. In support of a request for exemption, contractors shall provide to AMS one of the following:

http://www.phila.gov/philacode/html/_data/title12/chapter_12_1100_miscellaneous_/12_1127_excessive_idling_of_an.html http://www.phila.gov/philacode/html/_data/title12/chapter_12_1100_miscellaneous_/12_1127_excessive_idling_of_an.html

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a. a signed letter from one or more diesel technology vendors, written on the vendor’s formal stationary, certifying that no emissions controls that would reduce Particulate Matter (PM) emissions by at least 20% and allow for safe operation could be physically installed, or the cost of installing such control technology would cost 150% more than the purchase price of the clean diesel technology device;

b. a signed letter from the vehicle manufacturer certifying that the installation of any device to reduce PM emissions by 20% or more would void the applicable expressed manufacturer’s warranty, along with a copy of the warranty for each vehicle for which an exemption is sought; or

c. a signed letter on the contractor’s company letterhead stating that the covered vehicle will remain on site for no longer than three (3) days total during the duration of the project.

3. In no event will the City grant an exemption from the required use of ultra-low sulfur diesel fuel or the idling laws.

D. Definitions

1. Contract site – all areas covered under the contract, and areas accessed for purposes of performing activity under the contract;

2. Non-active use – a period of time greater than five (5) minutes when a piece of diesel equipment is not being operated in performance of its work;

3. Non-road – diesel vehicles listed by EPA for use in non-road applications. These include construction, agricultural, and other industrial vehicles that are not legally operable on highways;

4. On-road – vehicles listed by EPA for on-highway applications;

5. Truck-staging zone – a designated area on the contract site where delivery or pickup activities will be located;

6. Ultra-low sulfur diesel fuel – Diesel fuel with a sulfur content of 15 parts per million or less;

7. Vehicle – a piece of diesel-powered equipment being used for contract activities; and

8. Listed diesel technology – includes:

a. Diesel oxidation catalyst – a device similar to a catalytic converter that reduces diesel emissions and does not require regeneration;

b. Tier 4 or Tier 4 Interim – any vehicle certified by EPA as meeting Tier 4 emissions standards or Tier 4 Interim emissions standards.

c. Particulate filter – a device that traps soot produced by the engine and vaporizes this soot through the application of heat, requiring only periodic maintenance;

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d. Closed crankcase ventilation – a device that reduces fugitive emissions from the vehicle’s crankcase by routing them through the tailpipe;

e. Selective catalytic reduction – A device that reduces emissions of oxides of nitrogen by treating exhaust with urea;

f. Emissions upgrade groups – groups of replacement components that, when installed during vehicle overhaul, reduce engine emissions;

g. Engine repower – the replacement of a vehicle’s engine with a newer model to reduce tailpipe emissions; and

h. Any other technology verified by EPA or CARB to reduce diesel particulate emissions by 20% or more.

E. General

1. City reserves the right to request purchasing and/or installation documents to verify contractor’s, any subcontractor’s, installation of the retrofit in the vehicle. These purchasing documents shall be provided to the City’s project manager and AMS by the contractor within five (5) days of the request. The contractor shall in addition submit written notification to the City’s project manager and AMS when an addition or deletion of diesel retrofit equipment, used by it or its subcontractors, occurs.

2. Any false certification or representation in connection with the requirements of this Section and/or any failure to comply with the requirements of this Section shall constitute a material breach of contract entitling the City to all rights and remedies provided in the contract and otherwise available at law and/or in equity, including but not limited to the monetary assessment set forth herein. For contracts of $500,000.00 or less, an assessment of $500.00 per offense per day shall be imposed upon the contractor for every covered vehicle operating in violation of this section. For all other contracts, an assessment of $1000.00 per offense per day shall be imposed upon the contractor for every covered vehicle operating in violation of this section. In addition, it is understood that false certification or representation is subject to penalties under Title 18 Pa. C.S.A. § 4904 (relating to unsworn falsification to authorities).

F. Monitoring and Penalties for Non-Compliance

1. City reserves the right to request purchase and/or installation documents to verify contractor’s and any subcontractor’s installation of the retrofit in the vehicle. These purchase documents shall be provided to the City’s project manager by the contractor within five (5) days of the City’s request.

2. Any false certification or representation in connection with these requirements for Diesel Engine Emissions Controls and/or any failure to comply with these requirements shall constitute a material breach of contract entitling the City to all rights and remedies limited to the monetary assessment set forth herein. For contracts of $500,000 or less, an assessment of $500.00 per offense per day shall be imposed upon the contractor for every covered vehicle operating in violation of this section. For all other contracts, an assessment of $1000.00 per offense per day shall be imposed upon the contractor for every covered vehicle operating in violation of this section. In addition, it is understood that false certification or representation is subject to penalties under Title 18 Pa. C.S.A § 4904 (relating to unsworn falsification to authorities).

Revised 1/15/2026 snw.law-IFR

DISADVANTAGED BUSINESS ENTERPRISE

REQUIREMENTS

DISADVANTAGED BUSINESS ENTERPRISES IN CITY CONTRACTS

INSTRUCTIONS, FORMS AND CONTRACT PROVISIONS

RELATING TO PARTICIPATION OF

DISADVANTAGED BUSINESS ENTERPRISES IN

FEDERALLY FUNDED PROJECTS

This solicitation is issued under the Regulations of the U.S. Department of Transportation ("U.S. DOT"), 49 C.F.R. Part 26, as amended. It is the policy of the City of Philadelphia (“City”) and U.S. DOT that disadvantaged business enterprises ("DBE"), as defined in 49 CFR Part 26, as amended, shall have a level playing field on which to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE requirements of 49 CFR Part 26, as amended, apply to this contract. All forms, information and documentation submitted are subject to the penalties of 18 U.S.C.S. 1001 relating to false statements and 18 Pa.C.S. 4904, relating to unsworn falsification to authorities.

I. DBE GOAL

To create a level playing field on which Disadvantaged Business Enterprises (“DBEs”) can compete fairly for U.S. Department of Transportation assisted contracts (“DOT-assisted contracts”), the City of Philadelphia (“City”) acting through its DBE Program Office at the Philadelphia International Airport, has established, in connection with this bid, a DBE goal of 0% for the utilization of certified DBEs. Notwithstanding any other provision of this Agreement, the City and Bidder(s) acknowledge that federal DBE requirements may be amended from time to time, and to ensure ongoing compliance with applicable law, the City and Bidder(s) agree that the City shall have the unilateral right to amend this Agreement as the City deems necessary to align with any changes in federal DBE requirements and the City’s corresponding obligations, including without limitation the right to amend DBE participation goals set forth in this Agreement. The City will provide written notice to the other Bidder(s) within thirty (30) days of any such amendment. Furthermore, for the avoidance of doubt, the City shall not be held liable for any costs or liabilities incurred by the Bidder as a result of any amendment made pursuant to this paragraph. The City and Bidder(s) acknowledge that the intent of this paragraph is to ensure that the City is able to comply with the changing DBE requirements and the City’s corresponding obligations.

II. CONTRACTOR ASSURANCES

The following provisions are binding upon the prime contractor who must also include these provisions in every subcontract, so that such provisions will be binding upon each subcontractor:

(a) Non-Discrimination. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, (including limited English proficiency), creed, sex, age, or disability 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 City of Philadelphia deems appropriate, which may include, but is not limited to:

1) Withholding monthly progress payments;

2) Assessing sanctions;

3) Liquidated damages; and/or

4) Disqualifying the contractor from future bidding as non-responsible.

For a contractor to the City, assessing sanctions or disqualifying the contractor from future bidding may take the form of suspension or debarment under the “City of Philadelphia Policy and Procedure for the Debarment and Suspension of Vendors and Contractors” for a period up to three (3) years, and liquidated damages would take the form of repayment of any shortfall in committed participation.

III. COUNTING DBE PARTICIPATION

The City of Philadelphia (“City”) acting through its DBE Program Office at the Philadelphia International Airport, has established, in connection with this bid, a DBE goal of 0% for the utilization of certified DBEs. Notwithstanding any other provision of this Agreement, the City and Bidder(s) acknowledge that federal DBE requirements may be amended from time to time, and to ensure ongoing compliance with applicable law, the City and Bidder(s) agree that the City shall have the unilateral right to amend this Agreement as the City deems necessary to align with any changes in federal DBE requirements and the City’s corresponding obligations, including without limitation the right to amend DBE participation goals set forth in this Agreement. The City will provide written notice to the other Bidder(s) within thirty (30) days of any such amendment. Furthermore, for the avoidance of doubt, the City shall not be held liable for any costs or liabilities incurred by the Bidder as a result of any amendment made pursuant to this paragraph. The City and Bidder(s) acknowledge that the intent of this paragraph is to ensure that the City is able to comply with the changing DBE requirements and the City’s corresponding obligations.

IV. ACTIONS TO BE TAKEN BY BIDDER PRIOR TO AND AT BID SUBMISSION

(a) Bidder must provide the following: Work that Bidder has committed to be performed by subcontractors and suppliers.)

1) Schedule for Participation (Form A attached) with the bid, which includes

• The names and addresses of subcontractors / suppliers that will participate in the contract;

• A description of the work that each subcontractor / supplier will perform in a NAICS code applicable to the kind of work the firm would perform or supply on the contract;

• The dollar/percentage1 amount of the participation of each subcontractor / supplier firm participating;

The Schedule for Participation represents the bidder’s certification of a legally binding commitment to use each subcontractor or supplier in the dollar/percentage amount and for the services indicated thereon.

V. ACTIONS REQUIRED BY PRIME CONTRACTOR AFTER AWARD

(a) Prime Contractor shall include all assurances, as provided in Part II of these Requirements, in all subcontracts and Prime Contractor shall cause its subcontractors to conform to these assurances.

(b) Prime Contractor must provide the City with executed subcontracts for each subcontractor within 90 days from the date of the notice to proceed given on the prime contract. Failure to provide the executed subcontract may result in a temporary stop of work on the 91st day of the contract until an acceptable subcontract is provided to the City. Any time period involved in such a temporary stop of work will not extend the period of performance of the contract nor be accepted by the City as a justification for project time extension.

(c) The prime contractor shall utilize the specific subcontractors listed to perform the work and supply the materials for which each is listed unless the contractor obtains the City’s written consent. Unless the DBE Program Office’s written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed subcontractor.

Before requesting this consent, the prime contractor must give notice in writing to the subcontractor, with a copy to the DBE Program Office, of its intent to request to terminate and/or…