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~_ 1 I.i Certificate of Non-Compliance with 49 U.S.G 5323(j)(1) The bidder or -offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. ~ Date ~ Signature ~ Company Name Title ~ ~ Seismic Safety - The Contractor agrees 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 Department of Transportation Seismic~ Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract 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. Bid Bond Requirements (IFB for Conshvction Contracts) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company accceptable to Recipient and listed as a company currendy authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by Recipient to reject any and all bids, or part of aay bid, and it is agreed that the Bid may not be withdrawn for a period of ninety (90) days subsequent to the opening of bids, without the written consent of Recipient. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within ninety (90) days after the bid opening without the wriuen consent of Recipient, shall refuse or be unable to enter into this Contr~ct, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of Recipient's damages occasioned by such withdrawal, or refusal, or inability to Ehter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by Recipient) shall pmve inadequate to fully recompense Recipient for the damages occasioned by default, then the undersigned bidder agrees to indemnify Recipient and pay over to Recipient tha difference between the bid security and Recipient's total daznages, so as to make Recipient whole. The undersigned understands that any material alteration of any -of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Addendum, FTA Contract Requirements Page - 11 1008981030