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HomeMy WebLinkAbout1977-10-12 393 AE RESOLVE393 AE IntrWUCed by Councilor Zaodzian, October 13, 19]] CITY OF BANGOR (TITLE.) QSOIbCr...Aumoziz ivy chs..cicr..Msnaaaz..cc..Esesx�x.�Tsaaaix_......_.._.___... 4EMM& 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. 21 (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. 22 (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. 25 (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. 24 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. 25 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. 26