HomeMy WebLinkAbout1977-10-12 393 AE RESOLVE393 AE
IntrWUCed by Councilor Zaodzian, October 13, 19]]
CITY OF BANGOR
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WIEREAS, by Council &esolye 130 AE the City Council authorized the
City Manager t0 subutb an application for financial assistance under the
Urban Masa Transportation Act of 1964, as Amended; and
WHEREAS, the Urban Maas Transportation Administration has approved
this Transit Capital Great Application and requires that the grantee's
governing body provide for the execution of a contract pertaining to the
grant;
NUg, Tiggiby M, By the City Council of the City of Author, be it
RESOLVED. THAT the City Manager is hereby authorized to execute
cute a
contract, a Copy of which is on file with the, City Clerk, with the Urban
Masa Transportation Administration, Washington, D.C., providing. for a
grant for the purchase of 6 passenger buses and related equipment for
the Cftibus System. I
1. f
IN CITY COUNCIL ' 393 AT
Mtober 1R,, 1977
Pdssed
cI1Y clE
Authorizing the Cit. Nana:er to e.e- RE CEIIER
CIT/ C S 'CR
CITY CLEN', .FILE
cute Transit Capital Grant Contract
i� OCT 6 rn i sa
E
x
J 9? /AE
` UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
WASHINGTON, D.C. 20590
URBAN MASS TRANSPORTATION* CAPITAL GRANT CONTRACT
PART I
Project No. ME -03-0003
PUBLIC BODY: CITY OP BANGOR, MAINE -
ESTIMATED TOTAL PROJECT COST: Five Hundred Seventy -Seven Thousand,
nr Y- nx o ar y 6)
ESTIMATED NET PROJECT COST: Five Hundred Fifty -Nine Thousand,
Thirty -Six Dollars ($559,036)
MAXIMUM FEDERAL SHARE: Four Hundred Forty -Seven Thousand, Two
Hundred Thirty Two Dollars ($447,232) _
DATE OF*SECTION 13(c) CERTIFICATION LETTER
FROM THE DEPARTMENT OF LABOR:
April 11, 1977 -
PROJECT DESCRIPTION:
a. purchase of -4 30 ft. 30-35 passenger air-conditioned
diesel buses;
b. purchase of 2 20 ft. 17-20 pasengex air-conditioned
diesel buses;
C. purchase and installation of 6 nonregistering £areboxes;
d. purchase and installation of 100 bus stop .signs;
e. purchase and installation of 4 bus passenger shelters;
f. construction of 1 pre-engineered metal bus maintenance
facility; _
g. purchase of maintenance tools;
D. purchase of spare parts to include 2 engines, 2 trans-
missions, and 1 air-conditioning compressor; and
i. contingencies. _
.page 1,
(11/75)
THIS CONTRACT, effective on the date herein below
specified, by and between the United States of America
(herein called the "Goverment") and the Public Body named
on Page one of this Grant Contract, WITNESSETH:
In consideration of the mutual covenants, promises, and
representations herein, the Parties hereto agree as follows:
Sec. 1. Purpose of Contract - The purpose of this
Contract is tc provide for undertaking of an urban mass
transportation capital imnrovement project (herein called
the "Project") with Goverment financial assistance to the
Public Body in the form of a capital grant (herein called
the "Grant"), under the Urban Mass Transportation Act of
1964, as amended (herein called the "Act"), and to state the
terms and conditions upon which such assistance will be
provided and the manner in which the Project will be undertaken
and completed and the Project facilities/equipment used.
Sec. 2. The Project - The Public Body agrees to undertake
and complete a Project, and to provide -for the use of
Project facilities/equipment, substantially as described in
its Application, herewith incorporated by reference, filed
with and approved by the Government, and in accordance with
the terms and conditions of this Contract.The "Project
Description" on Page one of this Grant Contract describes
the Project to be funded under this Contract.
Sec. 3. The Grant - In order to assist the Public Body
n financing that —portion of the total cost of the Project
which the Department of Transportation (DOT) has determined
cannot reasonably be financed from revenues of the public
transportation system in which the Project facilities/equipment
are to be used (herein called the "Net Project Cost"), such
Net Project Cost being estimated to be that amount stated on
page one of this Grant Contract, the Goverment will make a
Grant in an amount equal to eighty percent (Sol) of the
actual Net Project Cost, as determined by DOT upon completion
of the Project, or in the mount designated as Maximum
Federal Share on page one of this Grant Contract, whichever
is the lesser. However, if this Contract is an amendment to
a prior Grant Contract and if the Govermnent's share was
limited to 66 2/3i under that Contract, then that limit
shall continue to apply in calculating the Government's
share of the Net Project Cost as approved on the date of the
original Contract and the date of any amendment subject to
such 66 2/38 limit.
The obligation of the Government to make Federal Grant
payments in any fiscal year shall not exceed the amount
provided in the Project Budget for the fiscal year in which
requisitions therefor are submitted.
Page 2
(2,127/77)
The Public Body agrees that it will provide fror.
sources other than (a) Federal funds, (b) receipts from the
use of the Project facilities/equipment, or (c) revenues of
the public transportation system inwhich such facilities/equio-
ent are used, funds in the amount sufficient, together with
the Grant, to assure payment of the actual Project cost.
The Public Body further agrees that no refund or reduction
of the mount so provided will be made at any time, unless
there is at the same time a refund to the Goverment of a
proportional amount of the Grant.
Sec. 4. Use o£ Project Fdcil'Cies�Eg 'pment - The
Public Body agrees t s�the Projec acrintres equipnent
shall be used for the provision of mass transportation
service within its urban area substantially as described i
the Project Description for a period from the date of purchase
of 10 years in the case of buses and items of equipment
costing less than $50,000 and for a period from the date of
construction or installation of 20 years in the case of
facilities or items of equipment costing $50,000 or more.
If, during such period, any Project facilities/equipment are
not used in this manner or are withdrawn from mass trans-
portation service, the Public Body shall immediately notify
the Goverment and shall remit to the Goverment a proportional
amount of the fair market value, if any, of such property
(determined on the basis of the ratio of the Grant made by
the Government to the actual total cost of the Project).
For the purpose of this section, the fair market value shall
be deemed to be the value of the property as determined by
competent appraisal conducted as soon after such withdrawal
or misuse occurs as feasible or the actual proceeds from the
public sale of such property, whichever is approved by UMTA.
The Public Body shall keep satisfactory records with
regard to the use of the property and submit to the Govern-
ment upon request such information as
is required in order
to assure compliance with this Section and shall immediately
notify UMTA in all cases where Project facilities/equipment
are used in a manner substantially different from that
described in the Project Description. The Public Body shall
maintain in amount and form satisfactory to the Goverment
such insurance or self-insurance as will be adequate to
protect Project facilities and/or equipment throughout the
period of required use. The cost of such insurance shall
not be an item of allowable cost. The Public Body shall
also submit to the Goverment at the beginning of each
calendar year during such period, a certification that the
Project facilities/equipment are still being used in accordance
with the terms of this Section and that no part of the local
contribution to the coat of the Project has been refunded or
reduced.
Page 3
(11/]5)
Sec. 5. Labor Protection - The Public Body agrees to
undertake, carry out, anT omplete the Project under the
terms and conditions determined by the Secretary of Labor to
be fair and equitable to protect the interests of employees
affected by the Project and meeting the requirements of
section 13(c) of the Act.
These terms andconditionsare identified in the letter
of.certification to the Goverment from the Department of
Labor on the date indicated on page one of this Grant Contract.
That letter and any documents cited in that letter are
incorporated by reference into this Grant Contract. The
Grant is subject to the conditions stated in the Department
of Labor letter.
Sec. 6. Minority Business Enterprise - In connection
with the performance o t vs Coniract, the Public Body will
provide for the maximum utilization of minority business
enterprises and will use its best efforts to insure that
minority business enterprises shall have the maximum practi-
cable opportunity to competefor contract and subcontract
work under this Contract. -
Sec. 7. COm liance with Environmental Standards - The
Public Body shall amply
wv th the provisvons hlean
Air Act a5 amended (42 U.S.C. §1857 at Beg); the Federal
Water Pollution Control Act, as amended (33 U.S.C. 51251 at
seg); and implementing regulations issued by the Environmental
Protection Agency, n the facilities which are involved in
the Project for which Federal assistance is given in this
Grant.
Sec. 8. Compliance with Elderly and Handicapped
acv�Ae ulations - The Public Body shall nsure axed
nstruction or alteration and all new equipment
included in the Project comply with applicable provisions
of 49 GFR Part 609 -- Transportation for Elderly and Handi-
capped Persons.
Sec. 9• Charter and School Bus Operations
A. The Public Body agrees that it, or any operator of
mass transportation for the Public Body, will not engage in
charter bus operations outside of the urban area within
which it provides regularly scheduled mass transportation
service except in accordance with an agreement, to be entered
into hereafter, oroviding fair and equitable arrangements
under the terms of section 813 of the Housing and Community
Development Act of 1974, 88 Stat. 633, Pub. L. 93-383. Such
agreement, when executed, shall become an integral part of
this contract of assistance; and the remedies specified in
any such agreement shall include and be in addition to the
Secretary's contract remedies and rights contained herein.
Page 4
16/76)
H. The Public Body agrees that it, or any operator of
mass transportation for the Public Body, will not engage in
school bus operations, exclusively for the transportation of
students and school personnel, in competition with private
school bus operators. IT IS UNDERSTOOD THAT THIS SUBSECTION
DOES NOT APPLY IF THE PUBLIC BODY COMES WITHIN THE SPECIFICALLY
ENUMERATED EXCEPTIONS OF EITHER SUBSECTION (b) OR SUBSECTION
(g) OF SECTION 1602 OF TITLE 49, UNITED STATES CODE. Any
change in the school bus operations by the Public Body or
the operator, asset forth in the application, must be
concurred in byUMTA.
C. A violation of this Section may preclude the Public
Body (or the Operator) from receiving any other Federal
financial assistance under (1)subsection (a) or (c) of
section 142, title 23, United States Code, (2) paragraph (4)
of subsection (e) of section 103, title 23, United States
Cade, or (3) the Urban Mass Transportation Act of 1964.
Sec.10. The Grant Contract - This Contract consists of
this Part I, entitled Urban Mass Transportation Capital
Grant Contract, and Form UMTA F 5, dated 4/20/77, entitled
Urban Hassrnsportation Grant Contract, Part II, Terms and
Conditions. The latest approved Project Budget is incorporated
herein by reference. Amendments to the Project Description
or the Project Budget shall require a formal amendment to
this Contract, except that reallocations of funds among
budget items or fiscal years which d0 not increase the total
amount of the Federal Grant shall only require prior authorization
from UMTA and the issuance of a new Project Budget. -
Sec. 11. Offer and Acceptance
(a) Execution of Contract - This Contract may be simul-
taneously executed ITn severaicounterparts, each of which
shall be deemed to be an original having identical legal
effect.
(b) Offer - When dated and signed by the Government,
this instrument shall constitute an offer which should be
accepted by the Public Body by execution within sixty (60)
days of such date. The Government may withdraw any offer
not accepted within the above sixty-day period. Upon acceptance
of the offer the effective date of the Contract shall be the
date on which this offer was executed by the Goverment.
Page 5-
(6/76)
The Government has duly executed this offer thISEP 2 11977
day of __, 19
By W1
O.e .�A550CIATE MMINISTFUMR,
ERBAN MASS TRANSPORTATION
ADMINISTRATION
(c) Acceptance - The Public Body does hereby ratify and
adopt all statements, representations, warranties, covenants,
and agreements contained in the Application and supporting
materials submitted by it, and does hereby accept the Govern-
ment's offer and agrees to all of the terms and conditions
thereof.
.Executed this day of 19__
TITLE AND ORGANIZATION TITLE AND ORGANIZATION
(d) Certificate f Public Bod 's Attorney
I , acting as Attorney for the
Pu lc Body, do ereby certrfy that I have examined this
grant contract and the proceedings taken by the Public Body
relating thereto,.. and find that the acceptance of the Govern-
ment's offer by the Public Body has been duly authorised by
the Public Body's action dated (a copy of which
has been submitted to UMTA) and that -the of this
Contract is in all respects due and proper and in accordance
with applicable state and local law and further that, in my
opinion, said grant contract constitutes a legal and binding
obligation of the Public Body in accordance with the terms
thereof. I further certify that to the best of my knowledge
there is no legislation or litigation pending or threatened
which might affect the performance of the Project in accord-
ance with the terms of this Contract.
Dated this day of _, 19
SIGNATURE
TITLE AND ORGANIZATION
Q11/]5) Page 6
MM SPATES OF Mff a
DEPARITffAI OF TPAiJ5P01U'ATIQi
URM M s TRPZPORTMIQV A NISfwlw
WAS4IN=, D. C. 20590
PNS
17F:NFl
Fo m UMTA F 5
(4/27/77)
TABLE OF C N
Section 101.
Definitions . . . . . .. . . .... .
1
2
Section 102.
AccouplisMwnt of the Project . . . . .. . ..... .. .
.
(a) General Requirements .. .... .
2
Parsuant to and Local Law . ..
(c) Fords of the Public) Body ...
2
(d) Submission of Proceedings, Contract and Other
Documents
2
(e) Changed Conditions Affecting
Perforrance . . . .
3
(f) No Government Obligations
to Third Party .. ... .
3
(g) Land Acquisition
Policy . . . . . . .. . . . .
3
Section 103.
The Project Budget
. ... .. . . .. .. .. .
3
3
Section 104.
Accounting RaCOSdS . . .. .... . .... . . ...
3
(a) Project Accounts . . .
(b) Fords Received or Made Available for the Project .
4
(c) Allowable Costs .. . .. .... . :
(d) Dxwwltation of Project Costs . .. ... . .. .
4
(e) Checks, Orders and Vouchers
4
(f) Audit and Inspection ......
5
Section 105.
Requisitions and Payments ... . . .....
5
3
(a) Request for Payment by the Public Body .. . . .. .
(b) Payment by the Government ... ... . . .
6
(c) Disallowed Costs . . . . . ... . ... .
6
Section 106.
Right of Govemrtent to Terminate .... . .
6
Section 107.
Project Settlement and Close -Wt. .. .. . . .... . . .
T
Section 108.
Contracts of the Public Body . . .
7
Section 109.
Restrictions, Prohibitions, Controls, and Labor Provisions .
T
(a) Equal Erylloyment
Opportunity ... .. ....
9
(b) Construction
Contracts - Nondiscrin nation .. • '
:
(c) Title VI - Cavil Rights Act of 1964 . . . • • ' '
10
(d) Conpatitive Bidding . . .. . . . p11
11
(e) Prohibited Interests . . . .. . . .
(f) Interest of MCWurs of or Delegates to Congress .
12
(g) Labor Provisions - Construction ..... . . . •
12
Section 110.
Construction Contracts ... ...... . ... ...
21
(a) Changes ill Construction Contracts . . . . . . .
21
(b) Contract Security .. . . .. . . . . .. .
21
21
(c) Insurance Poring Constroction .
(d) Signs . . .. . . .... . ..
21
(e) Liquidated Damages Provision .. • • • ' . -
21
(f) Provisions of Construction Contracts .
21
(g) Actual Work by Contractor .
22
(h) Force Account .. 4 . ... .
22
Section 111.
Miscellaneous Provisions ... .. ..... . . . . ..
22
(a)
Air Pollution . . . . ..
22
(b)
How Contract Affected by Provisions being ...
22
Held Invalid .
22
(c)
Bonus or Commission ... .........
. 22
(d)
State or Territorial Law ... . ....... ...
22
(e)
Use of Public Lands ....
23
Section 112.
Patent
Rights ......... .. ... . ....
23
Section 113.
Rights
In Data .... . ... ...
25
ii
DEP.VUldEVr OF 'TRA%PORTATIM
URBAN MASS TRANSPORTATION AUNNISTRATION
GWWr �TRACT
PART II - - TERNS AND CONDITIO,`S
Constituting part of the GRANT COWRACT providing for
Federal Financial assistance under the provisions of
the Urban Mass Transportation Act of 1964, as amended.
Section 101. Definitions. As used in this Grant Contract:
"Application" mans the written application for
Federal financial assistance for the project,
together with all explanatory, supporting, or
supplementary documents, Heretofore filed with
MITA by or on behalf of the public Body, which
has been accepted and approved by WA.
"Approval, Authorization, Concurrence, Waiver"
An approval, authorization, concurrence, o
waiver is a conscious, written act by an autho-
rized official of the Govenurent granting per-
mission to the public Body to perform an act
pursuant to this contract which could not he
perfo=d without such permission. An approval,
authorization, concurrence, or waiver perndtting
the performance of a specific act shall not
constitute permission to perform similar acts
unless such broad permission is clearly stated.
Oral penmission or interpretations shall have
no legal force or effect.
"fl[trV_tnil Operating Manual" is the horst recent LINDA
worwhi of that title, which presents info a etrwh
about the DMA progrars, application pinreseiag
procedures, anal guidance for administering
approved Projects.
"Caveinment" mans the United States of America,
or its cognizant Agency, the Separtment of
Transportation (M) or its Agency, the Urban
Nass Transportation Administration, used hereafter
interchangeably.
"Mass Transportation Service" amass Transportation
service is general orspecial transportation
service provided to the public (but not school
bus, charter or sightseeing service) on a re-
gular and continuing basis in the urban area
described in the application. project equipment
and facilities may be used for incidental charter
or sightseeing service wilm not modes for mass
transportation service operations. Project
facilities or equipment may not be used for the
provision of service under contract either for
the exclusive use of students going to and from
school or for which an individual fare is not
charged.
"Pmject Description" is the most recently dated
statement, signed by WA, setting forth all of
the activities to be performed by tine Public Body
with regard to its urban transportation program
pursuant to this contract which are not other-
wise specifically provided for in this contract.
Section 102 Accomplishment of the Project.
(a) General Requirements. The Public Body shall commence, carry on, and
map eye vne rolect with all practicable dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions
hereof, the Application, and all applicable laws.
(b) Pursuant to Federal State and local law. In Performance of its
o rganons pursuant 0 s contract, a Public Body and its
contractors shall covply with all applicable provisions of Federal,
State, and local law. All limits or standards set forth in this
contract to be observed in the performance of the Project are
minimum requirements, and shall cot affect the application of more
restrictive State or local standards to the performance of the
project. Pectrovided, however, in its procurement actions pursuant
to the proj,, the public Body shall not gree any preference to or
discriminate against goods arch services PYaduced on
manufactured in any country, State, or other geographical area.
(c) Funds of the Public Body. The Public Body shall initiate and pro-
secute to cowffon II Proceedings necessary to enable the Public
may to provide its share of the Project costs at or prior to the
time that such fiords are needed to meet Project costs.
(d) Subndssion of Proceedin s, Contract and Other Documents. The Public
m y sna su t to t vemment suet ta, reports, records, -
contract and ocher docuaents relating to the Project as the Government
nay require. Te Public Body shall retain intact, for three years
Following project close-out, all project documents, financial records,
and supporting documents. -
2
(e) than ed Conditions Af£ectIn Performe Public Body shall
rnme ately roti o any c e Mnaconditions or local law,
or of any other event, which may significantly affect its ability
to perforin the project in accordance with the provisions of this
contract.
(f) No Government Obli atioan to Third Parties. The Govermmnt shall
not esu fact to any obligations or liabilities by contractors
of the Public Body or their subcontractors or any other person
not a party to this contract in connection with the Performance
of this Project pursuant to the provisions of this contract without
its specific consent and notwithstanding its concurrence in or
approval of the award of any contract or subcontract or the soli-
citation thereof.
(g) land Pvniei" Policy. Any acquisition of land for use in
connection with the Project Twat mnforn, to the policies and
procedures set forth in tee awtuaral operating lkmal end the
Land Atgainition ana Pelecation Assistance Pxoceduras Manoul.
Section 103. 9re Pin Budget. A project Budget shall be prepared
and nainUine3 by tlw_ Pub is Hedy. Tna Public Body shall. carry out
the project and shell ircur obligations against and make disWrsananis
of Project Funds only in conforndty with the latest approved budget
for the Project. she budget may be reviser] £con time to time in
accordance with the BMz l Operating Manual or other writuni guidance
Section 106. Atcountinz Records.
(a) Project Accounts. The Public Body shall establish and maintain
as a separate set of accounts, or as an integral part of its
current accounting scheme, accounts for the Project as described
do the External Operating Menial unless I specifically authorizes
the use of some other accounting Procedure.
(b) Funds Received or Made Availablefor the tom. The Public Body
she appropriate y recur in ran )Oct Account, and deposit
in abank or trust company which is a member of the Federal Deposit
Insurance Corporation, all Grant payments received by it from
the Government pursuant to this Contract and all other funds provided
for, accruing to, or otherwise received an account of the Project,
which Goverament payments and other funds are herein collectively
referred to as 'Project Funds." The Public Body shall require the
depositories of Project Funds to secure continuously and fully all
Project Fonds in excess of the amounts insured under Federal plans,
or under State plans which have been approved for the deposit of
project Hoods by DOT, by the deposit or setting aside of
collateral of the types and in the manner as described by
State law for the security of public floods, or approved
by ND!A.
(c) Allauable Costs. Expenditures made by the Public Body shall
e recurs G e as allowable costs to the extent they meet
all of the requirements set forth below. They must;
(1) be mado in conformance with the Project Description
and the Project Budget and all other provisions of this contract;
(2) be necessary in order to accomplish the Project;
(3) be reasonable in amount for the goods or services -
purchased;
(4) be actual net costs to the Public Body (i.e., the price
paid educe any refunds, rebates, or other items of value received
by the Public Body which havethe effect of reducing the cost actually'
incurred;)
(5) be incurred (and be for work performed) after the dace
of this contract, unless specific authorization from WA to the
contrary is received;
(6) be in conformance with the standards for allowability
of costa act forch in Faderal Madbgejmnt circular 74-4 aM the £eternal
Cparatirg Manual;
(7) be satisfactorily docwnented; and
(8) be treated uniformly and consistently under accounting principles
and procedures approved or prescribed by UTA for the Public Body; and
those approved or prescribed by the Public Body for its contractors.
(d) Ibcurtentation of Pro'e<t Costs. All roses, charged to the Project,
mdu any approve services contributed by the Public Body or
others, shall he supported by properly executed payrolls, time
records, invoices, contracts, or vouchers evidencing to
detail the nature and propriety of the charges.
(e) ChecksOrders and Vouchers. My check or order drawn by the Public
Body with respect to any item which is or will he chargeableagainst
the project Account will be drawn only in accordance with a properly
signed voucher then on file in the office of the Public Body stating
in proper detail the purpose for which such check or order
is drawn. All checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or
in part to the Project shall be clearly identified, readily
accessible, and, to the extent feasible, kept separate and
apart from all other such documents.
(f) Audit and Insuection. The Public Body shall permit, and shall
requtre Its contractors to permit, the Government to inspect
Oil work, materials, payrolls, and other data and records with
regard to the project, and to audit the books, records, and
accounts of the Public Body and its contractors with regard to
the project. WA also may require the Public Body to furnish
at any time prior to close-out of the Project, audit reports
prepared according to generally accepted accounting principles.
Section 105.. Requisitions and Payments.
(a) Requests for Payment by the Public Body. The Public Body may make
request er per a ede s re of allowable costs, and
IAffA shatl imnor such requests in the manner set forth in this section.
In order to receive Federal grant payments, the Grantee must:
(1) crnpletely execute and aatmit to WA (1) IVcm QUID -No. 8 R0183
("Request for Advance or Reimbursement") in accordance with
the insttuctions contained therein, and (2) @ P 1340.6 ("OMPA
project Budget Eine Item mots Entry-);
(2) submit to UTA an esplanation of the purposes for which
casts have been incurred to date or are reasonably expected to
be incurred within the requisition period (not more than 30 days
after the date of submission);
(3) demonstrate or certify that it has supplied local funds
adequate, when combined with the Federal payments, to cover all
-costs to be incurred to the and of the requisition period; and
(4) have submitted all financial and progress reports
currently required by this contract. -
(b) Payment by the Government. Upon receipt of the requisition form and the
accompanying rnformatron in satisfactory form, the Government shall
process the requisition if the Public Boat' is complying with its
obligations pursuant to the contract, has satisfied WA of its
need for the Federal fiords requested during the requisition
period, and is making adequate progress towards the timely com-
pletion of the Project. If all of these circumstances are found
to exist, the Government shall reimburse apparent allowable
costs incurred (or to be incurred during the requisition period)
by the Public Body up to the maximun amount of the Federal grant
payable through the fiscal year in which the requisition is
submitted as stated in the Project Budget. However, reimbursement
of any cost Pursuant to this section shall not constitute a final
determination by the Government of the allowability of such cost
and shall not constitute a waiver of any violation of the terns
of this contract committed by the Public Body. The Government
will make a final determination as to allowability only after
£incl audit of the project has been conducted.
In the event that uxrA determines that the ,Public Body is
not currently eligible to receive any or all of the Federal
funds requested; it shall promptly notify the Public Body
stating the reasons for such determination.
(c) Disallowed Casts. In determining the amount of the Grant,
w�fie wM—exon all Project costs incurred by the Public
Body prior to the date of this Contract, or prior to the date
of the approved budget for the Project, whichever is earlier;
costs incurred by the Public Body which are not provided for
Lin the latest approved Budget for the Project; and costs attri-
butable to goods or services received under a contract or other
arrangement which has not been concurred in or approved in
writing by ObQA. The above statement on disallowed costs is subject
to any exceptions provided in the External ,Operating Manual or
written guidance frog WA.
Section 106. Right of Covemment to Terminate. Upon written notice
to the Fu c y, t e vemment reserves the right to suspend
or terminate all or part of the financial assistance herein provided
for when the Public Body is, or has been, in violation of the
terms of this contract or when WA determines that the purposes of
the Act would not be adequately served by continuation of Federal
financial assistance to the Project. Any failure to make progress
winch significantly endangers substantial performance of the Project
within a reasonable time shall be deemed to be a violation of the terms of this
Contract. 1annination of any part of the grant will not
invalidate obligations properly incurred by the Public
Bony and contuses in by um prior W the date of ter-
minatfon, W the extent they are noncancellable. she
acceptaxoe of a reoitta x by the Goverrnnennt of any or all
Project Ilmds previously receives by the Public Baty
or the closug ant of Fsleral financial participation
3I1 the PIOjeCt shall M[ constitute a waiver of any clamn
which the Cnvernvrent may otherwise have arisN art of
Nis Contract.
Ssrion 107. PM'ect settlement and C1ose-avt. Upon receipt of
notice of su cess c etlon Qf the Project or upon to aaJlna on
by [P➢'A, �PiA stall perforin a final audit of the Project to detendne
the allowability Of costs uncurrel, end shall sal® settlerent of the
Feleral grant describes in Part I of Nis contract. if RMPA has
made payments W the Public Body in excess of the total amount of su aI
FeNsal grant, the Public Holy stall prmptly rent such excess
W uvV . Tne project close-out attars when u3G notifies the public
Holy and forwards tle final grant g yment cr whm� an appropriate refund
Of Feasts grant £nada has been rwcsiva] Iran the Grantee and axi wleiged
by uu0'A. clan t shall be subject N arty oantinuuy obligations impaled
on Ne Public Baty by this contract or NnWnel in the final, notification
or acknowledgement from WA. The Financial Status Report (Qa No.
80R0180) will also be submitted at this time and signed by the Onief
Financial Officer and the Project Manager, as specified in the External
Operating Manual (Change 2). _
Section 108. Contractof the Public �dy. TYe Public Body stall not
acetate any I —, pTe3ge, rtor. Cr other contract Nothing
or affecting project facilities or equip nt, roar shall it mligate
itself in any other manner, with any third party with respect W the
Project, uNess such lease, phage, Kortgage, lien, contract, or other
obligation is expressly authorizes in esitug by Wt: nor shall the
Public Body, by any act or mu nof airy kdin
pair iir its cmnn
tiug
Control over the use of projecton
facilities or eluiprernt during the
useful life thereof as detennin i by DOT.
Section 109. Restrictions, Prohiniticns, (bntrols, and Ial»r 13oyisions.
(a)Bgual F1IlopnoR Opnort . - In Nnnoctfbn with the coxtyini
out of the P Ject, rhe Public Body stall not: diserirtdraW
against any employee W applicant for enplanmumt because of race,
color, religiw, saw, or natioal digin. The Public Body will
take affirnative action N ensure that applicants are eaployed, and
that �loyees are treated during eftploymeat, without regard W their
race, Color, religion , or notional origin. Such action shall
incluse, but rot be Ignited to, the follauing:
employment, upgrading, demotion or transfer, rectuitment
or recru meat adeartlsing, layoff or torrinatien; rates
of pay or other forms of compensation; and selection
for training, including apprenticeship. The public Body
shall insert the foregoing provision (modified only
to show the particular contractual relationship) in all
of its contracts in remection with the development or
operation of the project, except contracts for standard
commercial supplies or raw materials and construction
contracts subject to the provisions of Section 109 (b)
of this contract, and shall require all such contractors
to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw
materials.
(b) Construction Contracts - Nondiscrimination. The public Body
here y agrees t t it wall mcenporate or cause to be
iluorporated into any, contract for construction work, or
modification thereof, as defired in the pegulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for
in whole or in part with fonds obtained from the Federal
favernmeat or borrowed on the credit of the Federal Government
pursuant to a grant,, contract, 10811, insurance, or guarantee,
or undertaken pursuant to any Federal program involving
such grant, contract, loan, insurance, or guarantee, me
following equal opportunity clause:
"Wring the performance Of this contract, the
contractor agrees as follows:
•(1) The contractor will not discriminate against any
employee or applicant for enploymmnt because of race,
calor, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to
their race, color,ireligion, sex, or national orlK e.
Such action shall nclude, but not be limited to th
following: Employment, upgrading, donation, or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection -
for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees
and applicants for employment, entices to be provided setting
forth the provisions of this nondiscrimination clause.
'(2) The contractor will, in all solicitations or
advertisements for employees placed by or an behalf of the
contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, _
religion, sex, or national origin.
1(3) The contractor will send to each labor imine or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers`
representatives of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
'(4) Tne contractor will comply with all provisions
of Executive Order 11246 of September 24, 1965, as amended, and of the
rules, regulations, and relevant orders of the Secretary of
labor.
'(5) The contractor will furnish all information and
reports required by Executive Order 11246 of September 24, 1965,
as amended, and by rules, rekulations, and order% of the Secreta
of Labor, or pursuant thereto, and will Permit access to his
books, records, and accounts 'oy the administering agency and
the Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations, and orders.
'(6) In the event of the contractor's noncopliance with
the non-discrimination clauses of this contract or with any of
the said rules, regulations or orders, this contractmay be
cancelled, terminated, or suspended in Whole or in part and the
contractor may he declared ineligible for further GoveM. et
contracts or 'federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965,
as emended, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, as
amended, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by lar.
'(79 The contractor will include the portion of the
sentence immediately preceding paragraph (1) and the provisions
of paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, as amended, so that such Provisions shall
be binding upon each subcontractor or vender. The contractor
Will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non -
9
cw:gtliance: Provided, however, That in the event a contractor
becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the Wired
States to enter into such litigation to protect the interests
of tine Wited States.
'The Public Body further agrees that it will be bound
by this above equal opportunity clause with respect to its
oro employment practices when it participates in federally assisted
canstruction work: Provided, That if the Public Body so par-
ticipating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality
or subdivision of such goverment which ,bas net participate
in work on or under the contract.
'Tne Public Body agrees that it will assist and cooperate
actively with the administering agency and the Secretory of
Labor in obtaining the compliance of co:tractors aul sub—
contractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary
of Labor such information as they may require for the super-
vision of such cmmpliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary
responsibility for securing cilaIliance.
'Tire Public Body further agrees that it will refrain from
entering into any contract or contract modification subject to Bxecative
Order 11246 of September 24, 1965, as mended, with a contractor
debarred iron, or who has not demoistrated eligibility for
coverurent contracts and federally assisted construction contracts
Pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as
may be irtioosed upon contractors and subcontractors by the adaunis-
tering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Public Body
agrees that if it fails or refuses to conply with these under-
takings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the Public Body ander
the program with respect to which the failure or refund occurred
until satisfactory assurance of future oopliancei has been received
from such Public Body; and refer the case to the Department of
Justice for appropriate legal proceedings.' '
(c) Title W - Civil Ri hts Acx of 1964. The Public Body will comply -
wath all a requareaents imposed by Title VI of the Civil
Rights Act of 1964 (]8 Stat.'252), the Pngulations of DOr issued
thereunder (CFA Title 49, Subtitle A, Part 21), and the
assurance by the Public Body pursuant thereto.
(d) Competitive Bidding. The Public Body shall not award or
su-Tst MBlyl an any w..rn t in an amount greater than
$10,000 pursuant to the Project, except for professional
service contracts, without formal advertising, free,
open, and unrestricted competitive bidding, and award to
the lowest responsive and responsible bidder, unless WA
specifically approves some other form of procurement or
award to another party upm being satisfied by the Public
Body that such action will adequately protect the Govenmrit's
interests in encouraging competition, optimizing efficient
perforaanre of the project and minimizing its cost. Provided:
however, the Public Body my issue change orders for competitively
bid equipment and construction contracts in an mount not exceeding
$100,000 at any ane timm which do not significantly alter the scope
of the contract, without regard to the provisions of this
section.
(e) Prohibited Interests. Neither the Public Body nor any of
its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in contraction
with the Project or any property included or planned to be
included in the Project, in which any mesoer, officer, or
employee of the Public Body or the locality during his
tenure or for me year thereafter has any interest, direct
or indirect.If any such present or former member, officer,
or employee involuntarily acquires or had acquired prior to the
beginning of his tenure any such interest, and if such interest
is immediately disclosed to the Public Body and such dis-
closure is entered upon the -minutes of the Public Body, the
Public Body with the prior approval of WT, may waive the pro-
hibition contained in this subsection: Provided, That any
such present member, officer or eoploymsjwUl1 not participate
in any action by the Public Body or the locality relating to
such contract, subcontract, or arrangement.
The public Body shall insert in all contracts entered into in carmectim
with the Project or in connection with my property included or
planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the
following Provision:
"Na member, officer, or employee of the Public Body'
or of the locality during his tenure or for one year
thereafter shall have my interest, direct or indirect,
in this contract or the proceeds thereof."
the provisions of this subsection shall not be applicable
to any agreenent between the public Body and its fiscal
depositories, or to any agreement for utility services the
rates for which are fixed or controlled by a Governmental
agency.
(f) Interest of xkmbers o£ or Bele aces to Co rens. No member of
or legate to t e Congress o t mute States dull be
admitted to cry share or part of this Grant Contract or to any
benefit arising therefrom.
(g) Labor provisions - Construction. The following provisions
shall be applicable to all construction contracts let by the
Public Body in carrying out the project involving $2,000
or more.
(1) „linrmum ea s. (i) 011 mechalics and laborers
employe or woo tng upon the site of the work, will
be paid unconditionally and not less often than have
a week, and without subsequent deduction or rebate
on hay account (except such payroll deductions
as are permitted by regulations issued by the Secre-
tary of Labor under the Copeland Act (29 CFR Part 3)),
the full amounts due at time of payment computed
at wage rates not less than those contained in the
wage determination decision of the Secretary of Labor -
applicable to the Project, regardless of any con-
tractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics;
and the wage determination decision shall be posted
by the contractor at the site of the work in a
prarinent place whore it can be easily seen by the
workers. For the purpose of this clause, Contri-
butions made or costs reasonably anticipated under
section 1(b)(2) of the Blvis-Bacon Act on behalf
of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the
provisions of 29 CFR 5.5 (a)(1)(iv). Also for
the purpose of this clause, regular contributions made
or costs incurred for more than a weekly period polar
plans, funds, or programs, but covering the par-
ticular weekly period, are deemed to be constructively
made or incurred during such weekly period.
(ii) The contracting officer shall require that Ivry
class of laborers or mechanics, including apprentices and
trainees, which is not listed in the wage determination
and which is to be employed under the contract, shall be
classified conforrtably to the wage determunatimr, and a
report of the action taken shall be sent by N to the
Secretary of Labor. in the event the interested parties
12
cannot agree on the proper classification or re-
classification of a particular class of laborers
and mechanics, including apprentices and trainees,.
to be used, the question accompanied by the recommen-
dation of the contracting officer, shall be referred
to the Secretary of Labor for determination. _
(iii) The contracting officer shall require,
whenever the mininum wage rate prescribed in the
contract for a class of laborers or mechanics in.
cludes a fringe benefit which is not expressed as _
an hourly wage and the contractor is obligated to
pay a cash equivalent of such a fringe benefit, an
hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree
upon a cash equivalent of the fringe benefit, the
question, accompanied by the recommendation of the
contracting officer, shall be referred to the
Secretary of Labor for determination.
(iv) The contractor may consider as part
of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in
providing benefits under a plan or program des-
cribed in a section l(b)(2)(B) of the Davis -Bacon
Act, or any bona fide fringe benefits not expressly
listed in section 1@)(2) of the Davis -Bacon Act,
or otherwise not listed in the wage determination
decisions of the Secretary of Labor which are incorporated
in this contract, only when the Secretary of Labor
has found, upon run written request of the contractor,
that the applicable standards of the Davis -Bacon Act
have been net. Whenever practicable, the contractor
should request the Secretary of Labor to make such
findings before the making of the contract. In thecase
of unfunded plans and programa, the Secretary of Labor _
may require the contractor W set aside in a separate
account assets for the meeting of obligations order the
plan or program. -
(2) Withho�ldin DJf may withhold or cause to be withheld
from Eye contractor so much or the accrued payments o
advances as my be considered necessary to pay laborers and
mechanics, including apprentices and trainees, employed
by the contractor or any subcontractor an the work the full
mount of wages required by the contract. In the
event of failure to pay any laborer or mechanic,
I":
including any apprentice or trainee, enpleyed or
Working an the site of the work, all or part of
the wages required by the contract, BOT may,
after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls
and bast rec a oto will be main-
tained during the course of the work and pre-
served for a period of three years thereafter for
all laborers and mechanics working at the site of
the work. Such records will contain the none
and address of each such employee, his correct
classification, rates of pay (including rates of
contributions or costs anticipated of the types
described in section 1@)(2) of the Bavis-Bacon
Act), daily and weekly nurber of hours Worked,
deductions made and actual wages paid. Whenever
the Secretary of Labor has found under 29 CFA 5.5
(a)(1)(iv) that the wages of any laborers or
mechanics include the mmaunt of any costs reasonably
anticipated in providing benefits under a plan
or program described in section 1(b)(2)(B) of the
havis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide
such benefits is enforceable, that the plan or -
program is financially responsible, and that the plan
or progra(, has been cmmamicated in writing
to the
which
laborers or vechanics affected, records
show the costs anticipated or the actual cost in-
curred in providing such benefits.
(ii) The contractor will submit weekly a
copy of all payrolls to the Public Body for trans-
mussioa to WT. The copy shall be accompanied by a
statement signed by the employer or his agent indicating
that the payrolls are correct and coffflPlete, that -
the wage rates contained therein are not less than
those determined by the Secretary of. Labor and that
the classifications set forth for each laborer or
mechanic conform to the Work he performed. A -
submission of the "Weekly Statement of Compliance" _
which is required under this contract and the Cope -
14
lard regulations of the Secretary of Talmo (29 C ,
Part 3) and to filing with toe initial payroll or -
sty subsaluart payroll of a coo of any £imlings by
Hie Se¢etary of Tabor miler 29 M 5.5 (a) (1) (iv)
Shall satisfy this xeluirerent. the prime Contractor
shall to resFnreihle far the suhmission of mpies
of payrolls of all sabcontracMzs. Tyne contractor
will make the records rsluiral order the labor
standards clauses of the contract available for
inspection by authorized representatives of DoT
and Hne LtratVrent of Tabor, soul will pemut such
representatives to interview smployaas doting
working tours on the job.
matractors ahplcying apprenticas or trainees under
approved ores shall include a notation on the
first wee3nly certified payrolls sutmitted to the
contracting agencies that thew aholoyment is
pursuant to an aporo✓ea Program sod stall identify
the program.
(4) Apprentices and Traineas
(A) Awrentices. Apprentices will be xmittai
to work at less than the preletexminai rate for the work
tory perfoemai when they are employed and .individually
registered in a Imre fide apprenticeship program reuisterel
with the U.B. Oepr oaat of labor, :4an[ ser Administration,
Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency xecognizai ty tha bureau, or if a
person is ahployed in his first 90 days Of probationary
amploymhent asan apprentice in such an awranticeship
Program, is not individually registered in the program,
Wt dno has been certified by the Bureau of Apprenticeship
and Ttaininc or aState Apprenticeship Agency (wt re
appropriate) to be eligible for pmt tionary aaolcyaaent
as an apprentice. The allowable ratio of apprenticaS to
journeymen in any craft classification shall not be
greater tan the ratio permittai to the contractor as to
his entire work force coder the xeglaterai program.
Any �loyae listed m a pe 11 at an apprentim wage
rate, wto is not a trainee as defined in subdivision
(B) of this subparagraph or is rot iegisterad or
o anwise employea as stated absie, shall be Paid the
wage rate by the Secretary of Ta for
the classification of work he actually Perfonn84. - _
Tne omtractar or submntractoi will be requires to
furnish th U mntraccvg officer or a reps
seatative of the wage-Hour Division of the D.S. Depart-
aont of Taber written evideme of the rsdistretion of
his program acrd apprentices as wallas the ap,sopriate
ratios and wage rates (�sd in praentages Of the
journeyman's rate omtaiz 3 in the applicable wage
deternuiaiim.
(B) Traineea. Except as Prwidal in 29 CFR 5.15
trainees wr3—�be p raittaa to work at less than the
pr ie� rate for the work perEos N unless they
are erployed pursuant to and individually registered
m a program which has receival prior approval, evidences
by formal certification, by the U.S. Department of tabor,
Mapp Adainistration, Bureau of Apprenticeship and
Training. the ratio of tr'alaess W joasawaen shall
not be greater than that penrattei under the plan
approved by the Bureau of Apprenticeship and Training.
BVery trainee Wast be p id at net lE4S that toe rate
Specified fn the avd od tea ons fo his 'el of
progres . Any O�loYee
trainee rate who is not re9ist sed and participat ty
in a training plan approved by the Bureau o£ Apnrentice-
ship aced mrainirg stall be paid not less than the wage
rate dete� by tie Secretary of tabor for the classi-
fication of work he actually perfonred. 1 contractor
or subcontractor wi11 be remriied to furnish the
contracting officer' or a zepreemtative of the wage-
Hour Division of the D.S. DePavinrtnt of labor
written evidence of the certification of his pmgran,.
the registration of the trainees, eel the ratics sod
wage rates prescribed in that pmgrmn. la the event
the H eau of Appreaticsship act Training wi.thdrmas
approval of a training progran, tee omtrsctCC win
m larger bo paesittad to utilize trainees at less Uan
the applicable pzedebe w rate for the w k per£omad
until so acceptable progran is appmved.
(C) £Boal emalgnant rpportuttity. the utilization
of apprmticea, trass�ee— u l un� this
Part shall to in mafomity with the CT al, ewloymuit
te�equirof. Live Order 11246, as
core am part
16
(5) Camel a with
ahe w—ntraetoxNo1 (29 CPa3).
�IyTTg157�
(29 CFR Part 3) of the se¢et ry of I r which
are herein imr[»rat by ze£erence.
(6) Contract termination; dehument. A breach of
Clauses (1) t wh (5) arcl ( may groi £or
terniixation of the omtract, and for delanoent as
[awidai Sn 29 CFR 5.6.
17
(7) Overtime requirements. No contractor or
subcan c-83Gi6 un fi -for any part of the
contract work which may require or in•rolve the
employment of laborers or mechanics shall re-
quire or permit any laborer or mechanic in any
workweek in which he is employed on such work
to work in excess of eight hours in awry calendar
day or in excess of forty hours in such work-
week unless such laborer or mechanic receives
corpensation at a rate not less than one and
one-half times his basic rate of pay for all
hours worked in excess of eight hours in any
calendar day or in excess of forty hours
In such workweek, as the case may be.
(8) Violation; liability for unpaid wages;
liqui ages. a even
v10 d l- o e < ause set £Orth in sub-
paragraph (7), the contractor and any subcontracto-
responsible therefor shall be liable to any
affected employee far his unpaid wages. In
addition, such contractor and subcontractor
shall be liable to the Whited States (in the
case of work done under contract for the District
of Coluabia or a territory, to such District or
to such territary), for liquidated damages.
Such liquidated damages shall be computed with
respect to each individual laborer or mechanic
employed in violation of the clause set forth
in subparagraph (7), in the scan of $1D for each
calendar day on which such effloPloyee: as required
or permitted to work in excess of eight hours
or in excess of the standard workweek of forty
hours without payment of the overtime wages
required by the clause set forth in subparagraph
(7).
(9) Wirhholdin¢ for liquidated damsg�s. DOT
may wv or chose to a wl�ield, form
any moneys payable on account of work performed
by the contractor or subcontractor, such ears as
may adainistratively be determined to be necessary
to satisfy any liabilities of such contractor or
subcontractor for liquidated damages as provided
in the clause set forth in subparagraph (8).
(10) Final Labor Sumary. The contractor and each sub-
contractor shall famish to the Public Cody, upon the
BE
completion of the contract, a summary of all
employment, indicating, for the canpleted
project, the total hours worked and the total
amount earned.
(11) Final Certificate. Upon covpletfon of
the cone c SPactor shall submit to
the Public Body with the voucher for final
payment for any work performed under the con-
tract a certificate concerning wages and classifications
for laborers and mechanics, including apprentices and
trainees employed on the project, in the following
form:
The undersigned, contractor oh
(Contract No,
hereby certifies that all laborers, mechanics,
apprentices and trainees employed by him or
by any subcontractor performing work under
the contract on the project have been paid wages
at rates not less than those required by the
contract provisions, and that the work performed
by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set
forth in the contract or training program
provisions applicable to the wage rate paid.
Signature and title
(12) Notice to the Public Body of Labor Disputes.
Whenever the contractor
actual or potential labor dispute is delaying
or threatens to delay the timely Performance
of this contract, the contractor shall ihmediately
give notice thereof, including all relevant
information with respect thereto, to the public Body.
M
(13) Disputes Clause. (i) A11 disputes concerning '
the peyaent of prevaa, iag wage rates or classifi-
cations shall be promptly reported to the Public
Body for its referral to ICT for decision or, at
the option of tie Public Body, = referral to the
Secretary of Labor. The decision of DOT or the
Secretary of Labor as the case may be, shall be
final.
(ii) All questions relating to the application
or interpretation of the copeland Act, the Contract
Wore flours Standards Act, the Davis -Bacon Act, or
Section 13 of Ue Pct shall be seat to N1fA for
referral to the Secretary of Labor for ruling or
interpretation, aM sucn ruling or interpretation
shall be final.
(14) Convict Labor. In connection with the
per£oraun�wets under this contract the
contractor agrees not to eaploy wry persea
undergoing sentence. of i�risomnent at hard
labor. This does net include convicts who are
on parole or prvoation.
(15) Insertion in Swcontracts. The contractor
shall rnaert lR all ce tT tlon Subcontracts
toe clauses set forth in subsections (1) through
(15) of Lus section so that all of the pro-
visions of this section will be inserted in all
coostrectioa subcontracts of any tier, and
such otner clauses as the Government Say by
appropriate instructions require.
Section 110. Construction contracts.
(a) Qranges i Construction Contracts. Any change in a construction
contract shah esu mux to l for prior approval unless
the gross amount of the change is $100,000 or less, the contract
was originally awarded on a competitive basis, and the change
does not change the scope of work or exceed the contract period.
Construction contracts shall include a provision specifying
that the above requirement will be met.
(b) Contract Security. The Public Body shall follow the requirements
ti�te0perating Manual with regard to bid guarantees
and bonding requirements (p. III C,M).
(c) Insurance Gu ring^Contruction. 'fie Public Body shall follow-
exn u�suiance requirements normally required by their State and
local governments.
(d) Signs The Public Body shall cause to be erected at the
site of construction, and maintained during construction,
signs satisfactory to IM identifying the Project and
indicating that the Government is particivating .
in the development of the Project.
(e) Lio dated Damages Provision. Tbe Public Body shall include
�aa1l contracts for construction, a clause satisfactory to
Dlr providing for liquidated damages, where both (1) IM
may reasonably expect to suffer damages (increased costs
on the grant project involved) from the late completion
of the construction and (2) the extent or emenat of such
damages would be difficult or impossible to assess. The
assessment for damages shall be at a specified rate par
day for each day of overrun in contract time deducted
from payments otherwise due the contractor. This rate, which must be
satisfactory to Mr, mist be specified in the contract.
(f) Provisions Of Construction Contracts. The terms and conditions of
ea ccmpetitrvely r construction contract are subject to prior
approval by Lr if the estimated cost will exceed $25,000.
In addition to the requirements of this Section 110, each
construction contract shall contain, among others, provisions
required by subsections (b), (e), (f), and (g) of Section 109
hereof.
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(g) Actual kbrk by Contractor. The Public Body shall require
t a crosttucuon tmtractor perfoim, an the site and
with his own staff, work equivalent to at least 10 per-
cent of the total amomt of construction work covered by
Us contract.
(h) Force Account. If costs of construction perfo edbyeaplo cm
o e 11c Body are estimated to exceed $25,000, prior
approval of 00T wn, t be obtained or else such costs may not be
included as eligible projects vests.
Section 111. Miscellaneous Provisions.
(a) Air Pollution. No facilities or equipment shall be acquired,
constructor iaproved as a part of the Project unless the
poblic Body obtains satisfactory assurances that they are
(or will be) designed and equipped to limit air pollution
as provided in the External Operating Mmual and in accordance
with all other applicable standards.
(b) Now Contract Affected b Provisions Held Invalid. If
any prcvlsian o t s ntracc 1s bel lova i , the remainder
Of this Contract shall not be affected thereby if such re-
mainder would then continue to conform to the tonne and re-
quirements of applicable law.
(c) Bonus or Commdssim. The Public Body warrants that it has
not pal , an so agrees not to pay, any bonus or comaissim
for the purpose of obtaining an approval of its application
for the Grant hereunder.
(d) State or Territorial Law. Anything in the Grant Contract
tot a contrary novnt tmding, nothing in the Grant
Contact shall require the Public Body to observe or enforce
ocapliance with my provision thereof, perform any other act
or do any other thing in contravention of any applicable
State or territorial law: Provided, That if my of the pro --
visions of the Grant Contract vrolate any applicable State
or territorial law, or if coepliance with the provisions -
of the Grant Contract would require the Public Body to
violate my applicable State or territorial law, the Public
Body will at once notify IUT in writing in order that
appropriate rbanges and andificatims may be made by DOT and
the public Body to the end that the Public Body may proceed
as soon as possible with the Project.
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(e) 'Use of Public Lands. No publicly owned land from a park,
recreataon area, or wildlife and waterfowl refuge of
national, State, or local significance as determined by
the Federal,. State, or local officials having jurisdiction
thereof, or any land From an historic site of national,
State, or local significance as so determined by such
officials may be used for the project without the prior
cwrcurrence of WT.
Section 112. Patent Rights
(a) Whenever any invention, improvement, or discovery (whether or not
patentable) is conceived or for the first time actually reduced to
practice, by the Public Body or in employees, in the course of, in
connection with, or under the terms of this contract, the Public
Body shall immediately give the Administrator of the Urban Mass
Transportation Administration, or his authorized representative
written notice thereof; and the Administrator shall have
the sole and exclusive power to determine whether or not and
where a patent application shall be filed, and todetermine
the disposition of all rights in such invention, improvement,
or discovery, including title to and rights under any
patent application or patent that may issue thereon. The
determination of the Administrator on all these matters shall
be accepted as final, and the Public Body agrees that it
will, and warrants that all of its employees who may be the
invantors will, execute all documents and do all things necessary
or proper to the effectuation of such determination.
(b) Except as otherwise authorized in writing by the Administrator
or his authorized representative, the Public Body shall obtain
patent agreements to effectuate the provisions of this clause
from all persons who perform any part of the work under this
contract, except such clerical and manual labor personnel
as will have no access to technical data.
(c) Except as otherwise authorized in writing by the Administrator
or his authorized representative, the Public Body will insert
in each third -party contract having design, test, experimental,
developmental, or research work as one of its purposes,
previsions making this clause applicable to the third -party
contractor and its employees.
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(d) If the Government obtains patent rights pursuant to this
clause of this contract, the Public Body and the third -
party contractor shall be offered license rights thereto
on terns at least as favorable as those offered to any
other party. However, in the event no effective steps
have been taken by the Public Body or the third -party
contractor or any other party within 3 years after issuance
of a patent under which the Goverrwent acquires rights
pursuant to this clause to bring the claimed invention
to the point of practical application, the Government's
obligation to offer a license pursuant to this clause shall
terminate, and any license already granted to the Public
Body or the Third -party contractor pursuant to this clause
shall be revoked unless the Public Body or the third -
party contractor can show came as to why such license
shall not be revoked.
(e) In the event no inventions, improvements, or discoveries
(whether or not patentable) are conceived, or for the first
time actually reduced to practice by the Public Body, its
employees, its third -party contractors, or their employees,
in the course of, in connection with, or under the terms
of this contract, the Public Body shall so certify to the
Administrator or his authorized representative, no later
than the date on which the final report of work done, is
due.
(£) If the Public Body or the third -party contractor is permitted
to file patent applications pursuant to this clause of this
contract, the following statement shall be included within
the first paragraph of the specification of any such patent
application or patent:
"The invention described herein was made in the course
of, or under, a grant from the Deparaent of Transportation."
(g) In the event the Public Body or the third -party contractor is
permitted to acquire principal rights pursuant to this clause
and fails to take effective steps within 3 years after issuance
of a patent on any patent applications permitted to be filed
pursuant to this clause, to bring the claimed invention to
the point of practical application, the Administrator or his
authorized representative may revoke such rights, or require
the assignment of such rights, to the Government.
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1(h). The Administrator or his authorized representative shall,
before the expiration of three (3) years after final
payment under this grant, have the right to examine any
books, records, documents, and other supporting data of
the Public Body which the Administrator or his authorized
representative shall reasonably deem directly pertinent
to the discovery or identification of inventions falling
within the criteria set out in paragraph (a), or to com-
pliance by the Public Body with the requirements of this
clause. The Administrator or his authorized repre-
sentative shall, during the period specified above, have
the further right to require the Public Body to examine
any books, records, documents, and other supporting data
of the third -party contractor which the Public Bodyshall
reasonably deem directly pertinent to the discovery or
identification of inventions falling within the criteria
set out in paragraph (a) or to compliance by the third -
party contractor with the requirements of the patent,
rights clause of the third -party contract.
Section 113. Rights in Data
(a) The term "subject data" as used herein means recorded in-
formation, whether or not copyrighted, that is delivered
or specified to be delivered under this contract. The
term includes graphic or pictorial delineations in media
such as drawings or photographs; teat in specifications or
related performance or design -type documents; machine
forms .such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer
memory. Examples include, but am not limited to, en-
gineering drawings and associated lists, specifications,
standards, process sheets, manuals, technical reports,
catalog item identifications, and related information.
The term does not include financial reports, cost
analyses, and similar information incidental to contract
administration.
(b) All "subject data" first produced in the performance
of this contract shall be the sole property of the
Government. The Public Body agrees not to assert any
rights at common law or equity and not to establish
any claim to statutory copyright in such data. Except
for its own internal use, the Public Body shall not
publish or reproduce such data in whole or in part, or
in any manner or form, nor authorize others to do so,
without the written consent of the Government until such
time as the Government may have released such data to
the Public.
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Cc) The Public Body agrees to grant and does hereby grant
to tae Government and to its officers, agents, and
employees acting within the scope of their official
duties, a royalty -free, nonexclusive, and irrevocable
license throughout the world (1) to publish, translate,
reproduce, deliver, perform, use, md.�dispose of, in
any manner, any and all data not first produced or
composed in the performance of this contract but
which is incorporated in the work furnished under
this contract; and (2) to authorize otiers so to do.
(d) The Public Body shall indemnify and save and hold
harmless the Government, its officers, agents, and
employees acting within the scope of their official
duties against any liability, including costs and
expenses, resulting from any willful or intentional
violation by the Public Body of proprietary rights,
copyrights, or rights of privacy, arising out of the
publication, translation, reporduction, delivery,
performance, use, or disposition of any data Furnished
under this contract.
(e) Notning contained in this clause shall imply a
license to the Government under any patent or be
construed as affecting the scope of any license
or other right otherwise granted to the Government
under any patent.
(f) In tlue event that the project, which is the subject
of this contract, is not completed, for any reason
whatsoever, all data generated under that project
shall become subject data as defined in the Rights
in Data clause in this Contract and shall be
delivered as the Government may direct. This
clause shall be included in all third -party
contracts under the project.
(g) paragrapus (c) and (d) above are not applicable
to material furnished to the Public Body by the
Government and incorporated in the work fur-
nished under the contract; Provided, Such in-
corporated material is identified by the Public
Body at the tim of delivery of such work.
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