CN-550000-BED32-W0020000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TASK WORK ORDER FOR

MASTER UNIVERSITY AGREEMENT

375-040-80

PROCUREMENT

OGC – 07/14

Master Agreement #:

BED32

Cost Center # - Task Work Order #:

977 - 02

University:

Embry-Riddle Aeronautical University

Task Work Order Description:

Counting Airport Operations Using Aircraft Transponder Signals and/or Aircraft Automatic Dependent Surveillance-Broadcast (ADS-B) Data

The start date of this task work order is:

Upon execution of the Task Work Order by the Department.

Issuance of a Notice to Proceed.

As specified in Exhibit A (Scope of Service).

In accordance with the above referenced contract, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services). All services required under this Task Work Order will be completed by:

2/28/2024 or the end date of the Master Agreement, whichever occurs first.

For the required services, compensation shall be $ 22,049.00 as described in the attached Exhibit B (Method of Compensation).

Fund Type:

State Funds Federal Funds

Applicable Appendices: (If checked, Appendix must be attached to the TWO)

Appendix 1 Terms for Federal Aid Contracts Appendix 2 Terms for Information Technology Resources Appendix 3 Terms for Federal Transit Administration Other:

Note: Master University Agreement cannot be used for grant disbursement to subrecipients

Department Contact:

Name: Jennifer Clark Phone: (850) 414-4614

Office: Research Center Email: jennifer.clark@dot.state.fl.us

Departmental Approval:

J. Darryll Dockstader Manager, Research Center (Name) (Title) (Signature) (Date)

University Acceptance:

(Name) (Title) (Signature) (Date)

Legal Review:

Nanette Guzman Director, Office of Sponsored

Research

Nanette Guzman

Digitally signed by Nanette Guzman Date: 2023.10.04 15:14:23 -04'00'

10/4/23

DocuSign Envelope ID: C8381178-4099-4B2B-BCC0-541E9B3EBC77

10/05/2023 | 9:34 AM EDT

Appendix A

Project Title: Counting Airport Operations Using Aircraft Transponder Signals and/or Aircraft Automatic Dependent Surveillance-Broadcast (ADS-B) Data

Principal Investigator: Name: Dr. Kenji Yoshigoe University: Embry-Riddle Aeronautical University Address: 1 Aerospace Boulevard Daytona Beach, FL 32114 Email address: YOSHIGOK@erau.edu Phone number: 386 226 7019

DSR Administrative Contact: Name: Brendalee Cruz University: Embry-Riddle Aeronautical University Address: 1 Aerospace Boulevard Email address: CRUZB7@erau.edu Phone number: 386 226 7996

Project Manager: Name: Abdul Hatim, Ph.D., Airport Engineering Manager Office: FDOT Aviation Office Address: 605 Suwannee Street, MS 46, Tallahassee, FL 32399-

Email address: Abdul.Hatim@dot.state.fl.us Phone number: 850-414-4504

Background Statement

Accurate estimates of daily and annual aircraft operations at airports (e.g., approaches, landings, takeoffs, departures, low approaches, touch-and-go landings, etc.), including the types of aircraft conducting the operations, provide critical information used by airports, the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). Accurate and reliable operational data is used in the development of aviation forecasts for airport master plans as well as statewide and national aviation forecasts developed by the FDOT and FAA, respectively. The availability of this information can vary widely, but the data is instrumental in airport planning, environmental analyses, funding allocations, project justifications, and airport staffing, as well as other applications. For example, accurate data can serve as the basis for validating pavement evaluations at airports, justification for runway capacity improvements based on operational demand, and as a key metric for prioritizing state and federal funding for other airport development projects.

For airports with an air traffic control tower, the aircraft operations are collected and reported by the tower controllers. Florida has 129 public-use airports, of which only 9 have a full-time operating control tower, 38 have a part-time operating control tower, and 82 do not have a control tower. Estimates of aircraft operations at the 38 airports with part-time towers during the hours the tower is not operating and estimates of aircraft operations at all 82 airports without a control tower are inaccurate and unreliable. This issue has been the subject of several studies;

however, there has yet to be identified an acceptable and cost-effective solution.

In 2018, the FDOT published a report entitled Operations Counting at Non-Towered Airports Assessment. This report assessed aircraft operations technologies based on the best practices of ACRP Report 129 – Evaluating Methods for Counting Aircraft Operations at Non-Towered Airports, completed in 2015, and using a Florida-specific approach. The FDOT report also considered the estimating methods and counting technologies used in a nationwide survey and summarized in ACRP Synthesis 4 – Counting Aircraft Operations at Non-Towered Airports. The FDOT report evaluated four separate audio-dependent and video-dependent technologies at Florida airports.

Project Objectives

New proprietary and/or non-proprietary systems have been developed in an effort to more reliably and accurately count aircraft operations at airports without a staffed air traffic control tower. These systems include methods which utilize equipment that identifies aircraft transponder and/or ADS-B equipment signals.

This research project will effectively update the 2018 FDOT Operations Counting at Non- Towered Airports Assessment report by exploring the feasibility, accuracy, and reliability of new technologies. These may include receiving equipment combined with specialized computer programming that would record aircraft operations. For example, a specific aircraft’s location/altitude profile (as recorded using its transponder/ADS-B signals) in relation to a known airport’s location, could be used to indicate a type of operation at that airport (e.g., landing, takeoff, etc.). Although several systems have been summarized in past research, new technologies continue to emerge and this project will identify and evaluate systems for counting aircraft operations using currently available technologies.

Task 1— Data Processing and Analysis

FDOT requires the onsite collected data to be processed and analyzed to support the decision-making process of selecting aircraft counting technologies.

ERAU Approach

For Deliverable 1 of this project, ERAU will clean, format, and process raw data collected during the previous phase (BDV22-977-0202 Phase 1 Task 3.b) to extract actionable, relevant information to support the business decision-making process. The procedure will help to reduce the risks inherent in decisionon-making activities by providing valuable insights and significant statistics, which will be presented in the final report (Task 3) to the customer in different formats (e.g., charts, images, tables, and/or graphs).

ERAU will execute four (4) steps to comply with this task:

• Data Cleansing

• Data input

• Data processing

• Data Output

Deliverable 1: Upon completion of Task 1, ERAU will submit a written report containing the actionable, relevant information collected in Task 1 to the Research Center at research.center@dot.state.fl.us.

Task 2—Draft Final and Closeout Teleconference

Deliverable 2a Draft Final Report: Ninety (90) days prior to the end date of the task work order, the University will submit a Draft Final Report in Word and PDF formats to research.center@dot.state.fl.us. The report is anticipated to summarize the entire effort and contain the data collected during the project, as well as the data obtained from the onsite testing during Phase 1 Task 3.b . If additional tasks and/or deliverables are identified during the ninety

(90) day period following the submission of Deliverable 2, a Task Work Order amendment will be needed.

According to the requirement of the Research Center, the Draft Final and Final Reports will follow the Guidelines for University Presentation and Publication of Research available at:

https://www.fdot.gov/research/project-mgt-resources.shtm.

The Draft Final Report must also follow the FDOT Research Final Report Style Guide provided at: https://www.fdot.gov/research/project-mgt-resources.shtm.

The Draft Final Report will be well-written and edited for technical accuracy, grammar, clarity, organization, and format. The report must also comply with section 508 of the United States Workforce Rehabilitation Act of 1973.

ERAU Approach

ERAU will develop a Draft Final Report that documents the methodology, development/testing, findings/results, recommendations, and feedback gathered during the project's Period of Performance (PoP). Lessons learned will also be collected and included in this document, along with any recommendations or other types of input collected from the stakeholders.

Deliverable 2b: Thirty (30) days prior to the end date of the task work order, the principal investigator will schedule a closeout teleconference. The principal investigator shall prepare a PowerPoint presentation following the template provided at https://www.fdot.gov/research/project-mgt-resources.shtm.

At a minimum, the principal investigator, project manager, and research performance coordinator shall attend this teleconference. The purpose of the meeting is to review project performance, the deployment plan, and next steps. The Research Team will provide meeting notes to the FDOT Aviation Office PM and the Research Center at research.center@dot.state.fl.us.

ERAU Approach

ERAU will develop a presentation from the information collected throughout the project, such as the methodology, development/testing, findings/results, recommendations, and feedback gathered, along with any recommendations or other type of input collected from the stakeholders.

ERAU will develop this presentation in a PowerPoint format summarizing the information provided in the Final Report.

Task 3—Final Report

Based on the review comments provided by the FDOT Aviation Office PM, the Research Team will revise and refine the Draft Final Report and submit the Final Report by the end date of the task work order.

Deliverable 3: Upon Department approval of the Draft Final Report, the Research Team will submit the Final Report in PDF and Word formats electronically to the Research Center at research.center@dot.state.fl.us.

The Final Report must follow the Guidelines for University Presentation and Publication of Research available at: https://www.fdot.gov/research/project-mgt-resources.shtm.

The Final Report must also follow the FDOT Research Final Report Style Guide provided at:

https://www.fdot.gov/research/project-mgt-resources.shtm.

ERAU Approach

Once input from the Draft Final Report has been collected. ERAU will address any comments, suggestions, and concerns the FDOT provides. It will also add additional input from the stakeholders and develop the final version of the report documenting the methodology, development/testing, findings/results, recommendations, and feedback gathered.

The version will follow specific guidelines provided by the FDOT and will be submitted through the link above.

Use of Subcontractor(s)

The use of Consultants is not anticipated to complete the activities of this Task Order.

Use of Graduate Student(s) and other Research Assistants

It is expected the use of Students for data processing and reporting., for which we plan to use three (3) Graduate students conducting the tasks mentioned above.

Equipment

No equipment purchase isis anticipated for this phase.

Expenses

No expenses are anticipated.

Travel

No travel will be necessary. Financial Repercussions

Payment shall be made only after receipt and approval of goods and services. Deliverable(s) must be received and accepted in writing as specified in the task work order prior to payment.

If the Research Center and/or project manager determine that the performance of the university is unsatisfactory, the Research Center shall notify the university of the deficiency to be corrected, and correction shall be made within a timeframe to be specified by the Research Center. Within five days of notice from the Research Center, the university shall provide the Research Center with a corrective action plan describing how the university will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Research Center, the university shall be assessed a non-peperformance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the current billing period. The retainage shall be withheld until the university resolves the deficiency. If the deficiency is subsequently resolved, the university may bill the Department for the retained amount during the next billing period. If the university is unable to resolve the deficiency, the funds retained will be forfeited at the end of the task work order period.

Minimum Performance Measures

Performance metrics are defined in this scope of work, which describes the tasks, milestones, and/or deliverables the principal investigator shall accomplish and provide under this task work order. The Research Center will conduct periodic reviews to determine compliance with the tasks, milestones, and/or deliverables.

Publication Provision

If at any time during the TWO, the university desires to publish, in any form, any material developed under the TWO, the university must submit to the Project Manager and the Research Center at research.center@dot.state.fl.us a written abstract and notification of intent to publish the materials and receive the Project Manager’s concurrence to publish. Such approval to publish shall not be unreasonably withheld. If the Project Manager does not provide a written response within 30 days after receipt, the university may publish. The publication must include the following language:

“The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Florida Department of Transportation or the U.S. Department of Transportation.”

Governor’s Executive Order 20-4444 Pursuant to Governor’s Executive Order 20-44, if Vendor is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Vendor shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Vendor executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. Recipient shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports required by this Amendment within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Vendor. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Vendor receiving Department funding.

Deliverable Schedule

Note: this document will be used by the Research Center to monitor principal investigator (PI) performance and activity on the project. The PI should give careful consideration to the time needed to complete a task(s) and deliverable(s) against current workload. Failure to submit deliverables in a timely manner may result in cancelation of the task work order.

Remember to include kick-off teleconference, submittal of draft final report, closeout teleconference and final report. The Research Center must at a minimum receive a deliverable every 6 months on a project. Failure to submit deliverables in a timely manner may result in cancelation of the task work order.

Table 1. Deliverables

Deliverable # /

Description of

Deliverable as provided in the scope

(included associated task #)

Anticipated Date of

Deliverable Submittal

(month/year)

TO BE COMPLETED BY

RESEARCH CENTER

(performance monitoring)

Deliverable 1 (Task 1)

Data Analysis October 2023

Deliverable 2a (Task 2)

Draft Final Report November 2023

Deliverable 2b2b (Task 2)

Closeout

Teleconference

December 2023

Deliverable 3 (Task 3)

Final Report February 2024

Appendix A: Acronyms

Item Description

ADS-

B

Automatic Dependent Surveillance-Broadcast

ATM Air Traffic Management

CAR Center for Aerospace Resilience

ERAU Embry-Riddle Aeronautical University

FAA Federal Aviation Administration

FDOT Florida Department of Transportation

FFP Firmed-Fixed-Price

NEAR Next Generation ERAU Applied Research

PoP Period of Performance

R&D Research and Development

SME Subject Matter Expert

SoS Scope of Services

STM Special Topics Meetings

Exhibit B – Method of Compensation

BED32 TWO 977-02

1.0 Purpose

This Exhibit defines the limits of compensation to be made to the University for the services set forth in Exhibit A and the method by which payment shall be made.

2.0 Compensation

For the satisfactory performance of services details in Exhibit A, the University shall be paid a Maximum Amount of $22,049.00. The Maximum Amount consists of the following amounts:

Deliverable 1 (Lump Sum) $11,834.00 Deliverable 2 (Lump Sum) $ 6,054.00 Deliverable 3a (Lump Sum) $ 2,734.00 Deliverable 4 (Lump Sum) $ 1,427.00

3.0 Progress Payments

The University shall submit an invoice upon approval of each task deliverable in a format acceptable to the Research Center. Lump sum payments shall be made to the University for the satisfactory completion of each task and approval by the Department of each task deliverable.

Invoices shall be submitted to the Florida Department of Transportation, Research Center, 605 Suwannee Street, MS 30, Tallahassee, FL 32399-0450 or electronically to research.center@dot.state.fl.us The Research Center will allow itself ten (10) working days for approval from receipt of deliverable and invoice.

4.0 Tangible Personal Property

This task work order does not include the purchase of Tangible Personal Property as defined in Chapter 273, F.S.

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

BED32

9/29/2023

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 9/29/2023

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55220000977

Expansion Option: A4

Object Code: 132600

Amount: $22,049.00

Financial Project: 4443251B201

Work Activity (FCT): 770

CFDA:

Fiscal Year: 2024

Budget Entity: 55150200

Category/Category Year: 088857/24

Amendment ID: W002

Sequence: 00

User Assigned ID: 977-02

Enc Line (6s)/Status: 0002/04

Total Amount: $22,049.00

Contract: BED32

Contract Type: BU - PLANNING & RESEARCH SERVICES (PLN/RSH)

Vendor Name: EMBRY-RIDDLE AERONAUTICAL UNIVE

Vendor ID: F590936101003

Beginning Date of This Agreement: 03/21/2022

Ending Date of This Agreement: 03/20/2032

Contract Total/Budgetary Ceiling:

Method of Procurement: G - GOVERMENTAL AGENCY (287.057,F.S.)

Description: Planning and Research Services

Page1 of 1

To: Jennifer.Clark@dot.state.fl.us

375-040-40

PROCUREMENT

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BED32

TWO 977-02

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Florida Department of Transportation relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S. Department of Transportation (hereinafter “USDOT”), not withstanding anything to the contrary in this Agreement.

C. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the USDOT, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section

21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the

Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Agreement, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or

b. cancellation, termination or suspension of the Agreement, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: 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);

and 49 CFR Part 21; 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); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); 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, 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 USDOT regulations at 49 C.F.R. 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).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises (“DBE”): The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). The statement that follows shall be included in all subsequent agreements between the Contractor and any sub-contractor or contractor:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

Pursuant to 49 CFR 26.11(c) , the Contractor shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation’s Equal Opportunity Compliance (EOC) system. The Contractor shall request access to the EOC system using Form No. 275-021-30.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the

Florida Department of Transportation in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Florida Department of Transportation. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

lower tier covered transactions and in all aforementioned federal regulation.

O. The Florida Department of Transportation hereby certifies that neither the Contractor nor the Contractor's representative has been required by the Florida Department of Transportation, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Florida Department of Transportation further acknowledges that this Agreement will be furnished to a federal agency, in connection with this Agreement involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this contract (except a bona fide employee or Agency); or

2. 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 this contract; or

3. paid, or agreed to pay, to any firm, organization or person any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract (except a bona fide employee or Agency).

The Contractor further acknowledges that this Agreement will be furnished to the Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

Q. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended (where applicable).

R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor” (where applicable).

S. Clean Air Act: The Contractor agrees to comply with applicable standards, orders or regulations issued pursuant to Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to the Department of Transportation (Department) and understands and agrees that the Department will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

T. Federal Water Pollution Control Act: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.

1251 et seq.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

U. Byrd Anti-Lobbying: Contractors awarded a contract of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS:

(Compliance with 49CFR, Section 20.100 (b)) (1) The Contractor certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

influencing or attempting to influence either directly or indirectly an officer or employee of any state or Federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities". (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The Contractor also certifies by signing this contract that the Contractor shall require the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.