Common use of GOVERNMENT-WIDE DEBARMENT AND SUSPENSION Clause in Contracts

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurement) (a) This Agreement is a covered transaction for purposes of 2 C.F.R. §180.220(b) and 2 C.F.R. § 1200.220. As such, the CONSULTANT is required to verify that none of the CONSULTANT, its principals, as defined at 2 C.F . R. § 180.995, or affiliates, as defined at 2 C.F.R. § 180.905, are excluded or disqualified as defined at 2 C.F.R. § 180.940 and 2 C.F.R. § 180 . 935. (b) The CONSULTANT is required to comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, and must include the requirement to comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, in any lower tier covered transaction equal to or exceeding $25,000 it enters into. By signing the Agreement, the CONSULTANT certifies as follows: The certification in this clause is a material representation of fact relied upon by HAXX. If it is later determined that the CONSULTANT knowingly rendered an erroneous certification, in addition to remedies available to HAXX, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The CONSULTANT agrees to comply with the requirements of 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, throughout the Agreement period. The CONSULTANT further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,000. 1.8 Lobbying The "CERTIFICATION REGARDING LOBBYING," as executed by the CONSULTANT in Exhibit H of the Special Provisions is incorporated herein by reference. The CONSULTANT and its subcontractors at every tier shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352, which requires that no Federal appropriated funds shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U . S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying contacts on its behalf with non-Federal funds with respect to that Federal Agreement, grant, or award covered by 31 U.S.C. § 1352. Such disclosures are forwarded from tier to tier up to HAXX. 1.9 Clean Air Requirements (a) The CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The CONSULTANT shall report each violation to HAXX xnd understands and agrees that HAXX xill, in tum, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $100,000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 Clean Water Requirements (a) The CONSULTANT shall 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 CONSULTANT shall report each violation to HAXX xnd understands and agrees that HAXX xill, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $100,000. 1.11 Fly America Requirements (a) The CONSULTANT shall comply with 49 U.S.C . § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 301-10, which provide that HAXX xnd sub-recipients of Federal funds and their consultants are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONSULTANT shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. (b) The CONSULTANT shall include the requirements of this section in all subcontracts that may involve international air transportation. 1.12 Energy Conservation Requirements (a) The CONSULTANT shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (b) The CONSULTANT shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.13 Recycled Products The CONSULTANT agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F . R. Part 247. 1.14 ADA Access The CONSULTANT shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments thereto. 1.15 Seismic Safety The CONSULTANT shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. Department of Transportation's Seismic Safety Regulations (49 C.F.R. Part 41) and shall certify to compliance to the extent required by the regulation. The CONSULTANT also agrees to ensure that all work performed under this Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.16

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurement) (a) This Agreement is a covered transaction for purposes of 2 of2 C.F.R. §180.220(b180 . 220(b) and 2 C.F.R. § C . F . R. 1200.220. As such, the CONSULTANT is required to verify verifY that none of the CONSULTANT, its principals, as defined at 2 C.F . R. § 180.995R . 180 . 99S , or affiliatesaffiliates , as defined at 2 C.F.R. § 180.905C . F.R . 180.90S , are excluded or disqualified as defined at 2 C.F.R. § 180.940 C . F.R . 180 . 940 and 2 C.F.R. § 180 . 935. 93S. (b) The CONSULTANT is required to comply with 2 C.F.R. § 180, Subpart CC.F.R . 180 SubpartC, as supplemented by 2 C.F.R. § 1200, C.F . R . 1200 Subpart C, and must include the requirement to comply with 2 C.F.R. § C.F . R . 180, Subpart C, as supplemented supplem e nted by 2 C.F.R. § 1200, C . F.R . 1200 Subpart CC , in any lower tier covered transaction equal to or exceeding $25,000 2S , 000 it enters into. By signing the Agreement, the CONSULTANT certifies as follows: The certification in this clause is a material representation of fact offact relied upon by HAXXHXXX. If it Ifit is later determined that the CONSULTANT knowingly rendered an erroneous certification, in addition to remedies available to HAXXHXXX , the Federal Government may pursue available remedies, including but not limited to suspension and/or and / or debarment. The CONSULTANT agrees to comply with the requirements of 2 C.F.R. § of2 C . F.R . 180, Subpart C, as supplemented by 2 C.F.R. § 1200, C.F . R . Subpart C, throughout the Agreement periodperiod . The CONSULTANT further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,0002S,000 . Exhibit 8 - Federal Requirements Airport Station Group - 6- O x xxxxx 2012 ( ( 1.8 Lobbying The "CERTIFICATION CERTIFICA TION REGARDING LOBBYING," as executed by the CONSULTANT in Exhibit H 7 of the Special Provisions is incorporated herein by referencerefer e nce . The CONSULTANT and its subcontractors at every tier shall comply with U.S. U.S . DOT regulationsregulations , "New Restrictions on Lobbying,, " 49 C.F.R. C . F.R. Part 20, modified as necessary by 31 U.S.C. U.S . C . § 1352, which requires that no Federal appropriated funds shall be used to pay any an y person or organization for influencing or attempting to influence an officer or employee of any agency, a member of CongressCongress , an officer or employee of CongressCongress , or an employee of a member of Congress in connection with obtaining any Federal AgreementAgreement , grantgrant , or any other award covered by 31 U . S.C. S.C . § 13521352 . Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying lobbying contacts on its behalf with non-Federal funds with respect to that Federal Agreement, grant, or award covered by 31 U.S.C. U.S . C. § 13521352 . Such disclosures are forwarded from tier to tier up to HAXXHXXX . 1.9 Clean Air Requirements (a) The CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act , as amended , 42 U.S . C . §§ 740 I ~ g;g . The CONSULTANT shall report each violation to HART and understands and agrees that HART will, in turn, report each violation as required to FT A and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $1 00,000 . 1.10 Clean Water Requirements (a) The CONSULTANT shall comply with all applicable standards , orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 42 U.S.C. 33 U.S.c. §§ 7401 1251 et seq. The CONSULTANT shall report each violation to HAXX xnd HART and understands and agrees that HAXX xillHART will, in tumturn , report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $100,000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 Clean Water Requirements (a) The CONSULTANT shall comply with all applicable standards1 00 , orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. The CONSULTANT shall report each violation to HAXX xnd understands and agrees that HAXX xill, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $100,000000. 1.11 Fly America Requirements (a) The CONSULTANT shall comply with 49 U.S.C U . S . C. § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 301-1010 , which provide that HAXX xnd HART and sub-recipients of Federal funds and their consultants are required to use U.S. U.S . Flag air carriers for U.S. Government-financed international air travel and transportation of their oftheir personal effects or propertyproperty , to the extent such service is available, unless travel by foreign air carrier is a matter of necessitynecessity , as defined by the Fly America Act. The CONSULTANT shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. U . S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shallshall , in any event, provide a certificate of compliance with the Fly America requirements. (b) The CONSULTANT shall include the requirements of this section in all subcontracts that may involve international air transportationtransportation . 1.12 Energy Conservation Requirements Req uirements (a) The CONSULTANT shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E xh ibi t 8 - F e deral R e qu i r e m e n ts Airpon Station Group -7- O c to b er 2 0 12 ( ( (b) The CONSULTANT CONSULT A NT shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify identifY the subcontractor who will be subject to the provisions. 1.13 Recycled Products The CONSULTANT agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F C . R. F.R. Part 247. 1.14 ADA Access The CONSULTANT shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. U.S . C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. U.S.c. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments theretothereto . 1.15 Seismic Safety The CONSULTANT shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. U . S . Department of TransportationTransportation 's Seismic Safety Regulations (49 C.F.R. C . F . R. Part 41) and shall certify certifY to compliance to the extent required by the regulation. The CONSULTANT also agrees to ensure that all work performed under this Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.16

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurementNonprocurement) (a) This Agreement Contract is a covered transaction for purposes of 2 C.F.R. §of2 CFR 180.220(b) and 2 C.F.R. § CFR 1200.220. As such, the CONSULTANT Design-Builder is required to verify that none of the CONSULTANTDesign-Build Team, its principals, as defined at 2 C.F . R. § 180.995CFR 180.99S, or affiliates, as defined at 2 C.F.R. § 180.905CFR 180.90S, are excluded or disqualified as defined at 2 C.F.R. § CFR 180.940 and 2 C.F.R. § 180 . 935CFR 180.93S . (b) The CONSULTANT Design-Builder is required to comply with 2 C.F.R. § 180, CFR 180 Subpart C, as supplemented by 2 C.F.R. § 1200, CFR 1200 Subpart C, and must include the requirement to comply with 2 C.F.R. § CFR 180, Subpart C, as supplemented by 2 C.F.R. § 1200, CFR 1200 Subpart C, in any lower tier covered transaction equal to or exceeding $25,000 2S,000 it enters into. By signing the AgreementContract, the CONSULTANT Design-Builder certifies as follows: The certification in this clause is a material representation of fact relied upon by HAXXthe City and County of Honolulu (the City). If it is later determined that the CONSULTANT Design-Builder knowingly rendered an erroneous certification, in addition to remedies available to HAXXthe City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The CONSULTANT Design-Builder agrees to comply with the requirements of 2 C.F.R. § CFR 180, Subpart C, as supplemented by 2 C.F.R. § 1200, CFR Subpart C, throughout the Agreement Contract period. The CONSULTANT Design-Builder further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,0002S,000. 1.8 Kamehameha Highway Guideway Request for Proposals (Part 2) 8-4 Addendum 17 - September 2010 SP - I.5 - Attachment 8 ( ( Honolulu High-Capacity Transit Corridor Project BI.S Lobbying The "CERTIFICATION REGARDING LOBBYING," as executed by the CONSULTANT Design-Builder in Exhibit H 8 of the Special Provisions Proposal is incorporated herein by reference. The CONSULTANT Design-Builder and its subcontractors at every tier shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. C . F.R. Part 20, modified as necessary by 31 U.S.C. § 1352, which requires that no Federal appropriated funds shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a ofa member of Congress in connection with obtaining any Federal Agreementcontract, grant, or any other award covered by 31 U . S.C. U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying lobbying contacts on its behalf with behalfwith non-Federal funds with respect to that Federal Agreementcontract, grant, or award covered by 31 U.S.C. § 1352. Such disclosures are forwarded from tier to tier up to HAXXthe City. 1.9 B1.9 Clean Air Requirements (a) The CONSULTANT Design-Builder shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. U.S.c. §§ 7401 et seq. et~. The CONSULTANT Design-Builder shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in tumturn, report each violation as required to FTA FT A and the appropriate EPA Regional Office. (b) The CONSULTANT Design-Builder shall include the above clause in each subcontract exceeding $100,0001 00 , 000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 B1.10 Clean Water Requirements (a) The CONSULTANT Design-Builder shall 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 CONSULTANT Design- Builder shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT Design-Builder shall include the above clause in each subcontract exceeding $100,000. 1.11 B1.11 Fly America Requirements (a) The CONSULTANT Design-Builder shall comply with 49 U.S.C . U.S.C. § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 30130 1-10, which provide that HAXX xnd the City and sub-recipients of Federal funds and their consultants are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONSULTANT Design-Builder shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. (b) The CONSULTANT Design-Builder shall include the requirements of this section in all subcontracts that may involve international air transportation. 1.12 B1.12 Buy America Requirements The Design-Builder shall comply with 49 U .S.c. § 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FT A-funded projects are produced in the United States, unless a waiver has been granted by FT A or the product is subject to a general waiver. General waivers are listed in 49 C.F.R . § 661.7. B1.13 Cargo Preference Requirements (a) The Design-Builder shall use privately owned United States-Flag commercial vessels to ship at Kamehameha Highway Guideway Request for Proposals (Part 2) B-0 Xxxxxxxx 00 - Xxxxxxxxx 00 X 0 XX - X.0 - Attachment B ( Honolulu High-Capacity Transit Corridor Project least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. (b) The Design-Builder shall furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bxxx-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590 and to the City (through the Design-Builder in the case of a subcontractor's bxxx-of-Iading). (c) The Design-Builder shall include these requirements in all subcontracts issued pursuant to this Contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. B1.14 Energy Conservation Requirements (a) The CONSULTANT Design-Builder shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (b) The CONSULTANT Design-Builder shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.13 Recycled Products The CONSULTANT agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F . R. Part 247. 1.14 ADA Access The CONSULTANT shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments thereto. 1.15 Seismic Safety The CONSULTANT shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. Department of Transportation's Seismic Safety Regulations (49 C.F.R. Part 41) and shall certify to compliance to the extent required by the regulation. The CONSULTANT also agrees to ensure that all work performed under this Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.16B1.15

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurement) (a) This Agreement is a covered transaction for purposes of 2 of2 C.F.R. §180.220(b) and 2 C.F.R. § 1200.220. As such, the CONSULTANT Consultant is required to verify that none of the CONSULTANTConsultant, its principals, as defined at 2 C.F . R. § 180.995C.F.R. 180.99S, or affiliates, as defined at 2 C.F.R. § 180.905180.90S, are excluded or disqualified as defined at 2 C.F.R. § 180.940 and 2 C.F.R. § 180 . 935. 180.93S. (b) The CONSULTANT Consultant is required to comply with 2 C.F.R. § 180, 180 Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, and must include the requirement to comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, in any lower tier covered transaction equal to or exceeding $25,000 2S,000 it enters into. By signing the Agreement, the CONSULTANT Consultant certifies as follows: The certification in this clause is a material representation of fact off act relied upon by HAXXthe City and County of Honolulu (the City). If it is later determined that the CONSULTANT Consultant knowingly rendered an erroneous certification, in addition to remedies available to HAXXthe City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The CONSULTANT Consultant agrees to comply with the requirements of 2 of2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, throughout the Agreement period. The CONSULTANT Consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,0002S,000. SPECIAL PROVISIONS Faxxxxxxxx Xighway Station Group Exhibit 8 - Federal Standard Requirements -6 - ( ( 1.8 Lobbying The "CERTIFICATION REGARDING LOBBYING," as executed by the CONSULTANT Consultant in Exhibit H 7 of the Special Provisions is incorporated herein by reference. The CONSULTANT Consultant and its subcontractors at every tier shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. C.F .R. Part 20, modified as necessary by 31 U.S.C. U.S.c. § 1352, which requires that no Federal appropriated funds shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a ofa member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U . S.C. U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying lobbying contacts on its behalf with behalfwith non-Federal funds with respect to that Federal Agreement, grant, or award covered by 31 U.S.C. § 1352. Such disclosures are forwarded from tier to tier up to HAXXthe City. 1.9 Clean Air Requirements (a) The CONSULTANT Consultant shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. U.S.c. §§ 7401 et seq. et~. The CONSULTANT Consultant shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in tum, report each violation as required to FTA FT A and the appropriate EPA Regional Office. (b) The CONSULTANT Consultant shall include the above clause in each subcontract exceeding $100,000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 Clean Water Requirements (a) The CONSULTANT Consultant shall 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 CONSULTANT Consultant shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in turntum, report each violation as required to FTA FT A and the appropriate EPA Regional Office. (b) The CONSULTANT Consultant shall include the above clause in each subcontract exceeding $100,000. 1.11 Fly America Requirements (a) The CONSULTANT Consultant shall comply with 49 U.S.C . U.S.C. § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 301-10, which provide that HAXX xnd the City and sub-recipients of Federal funds and their consultants are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONSULTANT Consultant shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. (b) The CONSULTANT Consultant shall include the requirements of this section in all subcontracts that may involve international air transportation. 1.12 Energy Conservation Requirements (a) The CONSULTANT Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. SPECIAL PROVISIONS Faxxxxxxxx Xighway Station Group Exhibit 8 - Federal Standard Requirements -7 - ( ( (b) The CONSULTANT Consultant shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.13 Recycled Products The CONSULTANT Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 C.F.R. C.F .R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F . R. C.F.R. Part 247. 1.14 ADA Access The CONSULTANT Consultant shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. U.S.c. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT Consultant agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments thereto. 1.15 Seismic Safety The CONSULTANT Consultant shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. Department of Transportation's Seismic Safety Regulations (49 C.F.R. C.F .R. Part 41) and shall certify to compliance to the extent required by the regulation. The CONSULTANT Consultant also agrees to ensure that all work performed under this Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.16

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurement) (a) This Agreement is a covered transaction for purposes of 2 C.F.R. §180.220(b) and 2 C.F.R. § 1200.220. As such, the CONSULTANT Consultant is required to verify that none of the CONSULTANTConsultant, its principals, as defined at 2 C.F . R. § C.F.R. 180.995, or affiliates, as defined at 2 C.F.R. § 180.905, are excluded or disqualified as defined at 2 C.F.R. § 180.940 and 2 C.F.R. § 180 . 935180.935. (b) The CONSULTANT Consultant is required to comply with 2 C.F.R. § 180, 180 Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, and must include the requirement to comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, in any lower tier covered transaction equal to or exceeding $25,000 it enters into. By signing the Agreement, the CONSULTANT Consultant certifies as follows: The certification in this clause is a material representation of fact relied upon by HAXXthe City and County of Honolulu (the City). If it is later determined that the CONSULTANT Consultant knowingly rendered an erroneous certification, in addition to remedies available to HAXXthe City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The CONSULTANT Consultant agrees to comply with the requirements of 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, throughout the Agreement period. The CONSULTANT Consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,000. Exhibit 8 — Federal Standard Requirements SPECIAL PROVISIONS Faxxxxxxxx Xighway Station Group - 6 - AR00054105 1.8 ? Lobbying The "CERTIFICATION REGARDING LOBBYING," as executed by the CONSULTANT Consultant in Exhibit H 7 of the Special Provisions is incorporated herein by reference. The CONSULTANT Consultant and its subcontractors at every tier shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352, which requires that no Federal appropriated funds shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U . S.C. U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying lobbying contacts on its behalf with non-Federal funds with respect to that Federal Agreement, grant, or award covered by 31 U.S.C. § 1352. Such disclosures are forwarded from tier to tier up to HAXXthe City. 1.9 ? Clean Air Requirements (a) The CONSULTANT Consultant shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. m. The CONSULTANT Consultant shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in tumturn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT Consultant shall include the above clause in each subcontract exceeding $100,000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 Clean Water Requirements (a) The CONSULTANT Consultant shall 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 CONSULTANT Consultant shall report each violation to HAXX xnd the City and understands and agrees that HAXX xillthe City will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT Consultant shall include the above clause in each subcontract exceeding $100,000. 1.11 ? Fly America Requirements (a) The CONSULTANT Consultant shall comply with 49 U.S.C . U.S.C. § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 301-10, which provide that HAXX xnd the City and sub-recipients of Federal funds and their consultants are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONSULTANT Consultant shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. (b) The CONSULTANT Consultant shall include the requirements of this section in all subcontracts that may involve international air transportation. 1.12 Energy Conservation Requirements (a) ? The CONSULTANT Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Exhibit 8 - Federal Standard Requirements SPECIAL PROVISIONS Faxxxxxxxx Xighway Station Group - 7 - AR00054106 (b) ? The CONSULTANT Consultant shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.13 ? Recycled Products The CONSULTANT Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F . R. C.F.R. Part 247. 1.14 ADA Access The CONSULTANT Consultant shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT Consultant agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments thereto. 1.15 ? Seismic Safety The CONSULTANT Consultant shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. Department of Transportation's Seismic Safety Regulations (49 C.F.R. Part 41) and shall certify to compliance to the extent required by the regulation. The CONSULTANT Consultant also agrees to ensure that all work performed under this Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.16

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. (Non-procurement) (a) This Agreement is a covered transaction for purposes of 2 of2 C.F.R. §180.220(b§ 180.22O(b) and 2 C.F.R. C.F . R. § 1200.220. As such, the CONSULTANT CONTRACTOR is required to verify that none of the CONSULTANTCONTRACTOR, its principals, as defined at 2 C.F . R. C.F.R. § 180.995, or affiliates, as defined at 2 C.F.R. § 180.905, are excluded or disqualified as defined at 2 C.F.R. § 180.940 and 2 C.F.R. § 180 . 935180.935. (b) The CONSULTANT CONTRACTOR is required to comply with 2 C.F.R. § 180 Subpart C, as supplemented by 2 C.F .R. § 1200 Subpart C, and must include the requirementto comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, Subpart C, and must include the requirement to comply with 2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, in any lower tier covered transaction equal to or exceeding $25,000 it enters into. By signing the Agreement, the CONSULTANT CONTRACTOR certifies as follows: The certification in this clause is a material representation of fact relied upon by HAXXHAXX xnd the City and County of Hoxxxxxx ("Xxx Xxxx"). If it is later determined detennined that the CONSULTANT CONTRACfOR knowingly rendered an erroneous certification, in addition to remedies available to HAXXHAXX xnd the City, the Federal Government may pursue available remedies, ON-CALL HAZARDOUS MATERIAL PROFESSIONAL SERVICE CONSULTANT -4- luly20l2 Exhibit 2 - Fedenl RequimuenlS including but not limited to suspension and/or debarmentdebannent. The CONSULTANT CONTRACTOR agrees to comply with the requirements of 2 of2 C.F.R. § 180, Subpart C, as supplemented by 2 C.F.R. § 1200, 1200 Subpart C, throughout the Agreement period. The CONSULTANT CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions equal to or exceeding $25,000. 1.8 Lobbying The "CERTIFICATION REGARDING LOBBYING," as executed by the CONSULTANT CONTRACTOR in Exhibit H 8 of the Special Provisions Request for Qualifications, is incorporated herein by this reference. The CONSULTANT CONTRACTOR and its subcontractors at every tier shall comply with U.S. DOT regulations, "''New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352, which requires that no Federal appropriated funds shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U . S.C. U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made 10bbying lobbying contacts on its behalf with non-Federal funds with respect to that Federal Agreement, grant, or award covered by 31 U.S.C. U.S . C. § 1352. Such disclosures are forwarded from tier to tier up to HAXX. 1.9 Clean Air Requirements (a) The CONSULTANT CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to pursuantto the Clean Air Act, as amended, 42 U.S.C. §U .S.C . § § 7401 et seq. et~. The CONSULTANT CONTRACTOR shall report each violation to HAXX xnd understands and agrees that HAXX xill, in tum, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT shall include the above clause in each subcontract exceeding $100,000. EXHIBITC 5 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 1.10 Clean Water Requirements (a) The CONSULTANT shall 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 CONSULTANT shall report each violation to HAXX xnd understands Wlderstands and agrees that HAXX xill, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (b) The CONSULTANT CONTRACTOR shall include the above clause in each subcontract exceeding $100,000. 1.10 Oean Water Reqoirements (a) The CONTRACTOR shall comply with all applicable standards, orders or-regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251~. The CONTRACTOR shall report each violation to HAXX xnd Wlderstands and agrees that HAXX xill, in tum, report each violation as required to FT A and the appropriate EPA Regional Office. (b) The CONTRACTOR shall include the above clause in each subcontract exceeding $100,000. 1.11 Fly America Amerlc:a Requirements (a) The CONSULTANT CONTRACTOR shall comply with 49 U.S.C . U.S.C. § 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 C.F.R. Parts 301-10, which provide that HAXX xnd sub-recipients of Federal funds and their consultants contractors are required to use U.S. Flag air carriers for U.S. Government-financed fmanced international air travel and transportation of their personal effects or property, to the extent such service is available, unless Wlless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONSULTANT CONTRACTOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. ON-CALL HAZARDOUS MATERIAL PROFESSIONAL SERVICE CONSULTANT -5- July 2012 Exhibit 2 - Federal RequiIemenrs (b) The CONSULTANT CONTRACTOR shall include the requirements of this section in all subcontracts that may involve international air transportation. 1.12 Energy Conservation Conservatioo Requirements (a) The CONSULTANT CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (b) The CONSULTANT CONTRACTOR shall include the above clause in each subcontract at every tier. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.13 Recycled Products The CONSULTANT CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act as amended (42 U.S.C. u. S. C. § 6962), including including, but not limited to to, the regulatory provisions of 40 C.F.R. C . F.R. Part 247, and Executive Order No. 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F . R. .R. Part 247. 1.14 ADA Access The CONSULTANT CONTRACTOR shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §U.S . C. § § 4151 et seq.~, which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws. In addition, the CONSULTANT CONTRACTOR agrees to comply with all applicable implementing Federal regulations and directives and any subsequent EXHIBITC 6 March 2012 HOOT DESIGN REVIEW CONSULTANT PH 3/4 amendments thereto. 1.15 Seismic 1.xX Xeismic Safety The CONSULTANT CONTRACTOR shall ensure that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the U.S. Department of Transportation's Seismic Safety Regulations (49 C.F.R. C.F .R. Part 41) and shall certify to compliance to the extent required by the regulationregulation . The CONSULTANT CONTRACTOR also agrees to ensure that all work performed perfonned under this Agreement including work performed perfonned by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project. 1.161.16 Text Messaging While Driviog In accordance with Executive Order No. 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, 23 U.S.C.A. § 402 note, and U.S. DOT Order 3902.10, Text Messaging While Driving, December 30,2009, the CONTRACTOR is encouraged to comply with the terms of the following: (a)