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HomeMy WebLinkAboutContract 12398 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF GRANT APPROVAL 49 U. S.C. § 1604 CITY SECRETARY (SECTION 5 — CAPITAL ASSISTANCE) CONTRACT No..jaJ- Project No. TX-05-0071 r GRANTEE: City of Fort Worth DESIGNATED RECIPIENT: City of Fort !forth ESTIMATED TOTAL PROJECT COST: $1 ,006,400.00 ESTIMATED NET PROJECT COST: $1 ,006,400.00 MAXIMUM FEDERAL SHARE: $ 805,120.00 OBLIGATION DATE: W I SOURCES OF FEDERAL FINANCIAL ASSISTANCE: DC1 - 21 .20.00 - FY 1981 - $805,120.00 DATE OF SECTION 13 (c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: January 13, 1981 PROJECT DESCRIPTION: Two 40-foot advanced design buses; two support vehicles; three service vehicles; office equipment; fare collection counter; one printing press and related equipment; shop equipment; construct bus washer housing; :construct expansion to parts storage area; management information system; real estate acquisition; force account; engineering and design; cost allocation plan; contingency A P R 1q8? o OFFICIAL RECHO ? DATE REGIONAL ADMINISTRATOR, REGION VI CITY SECRETARY F a. Vi uil"N, TEX. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S .C. § 1604 (SECTION 5 - CAPITAL ASSISTANCE) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval . In consideration of the mutual covenants , promises, and representations herein, the parties hereto agree as follows : Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation capital improvement project ("Project" ) with Government financial assistance to the Grantee in the form of a capital grant ( "Grant" ) , under Section 5 of the Urban Mass Trans- portation Act of 1964, as amended, ("Act") , and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be under- taken and completed and the Project facilities/equipment used. Sec. 2 . The Project - The Grantee agrees to undertake and complete the Project, and to provide for the use of the Project facilities/equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Description" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. The Grant - (a) In order to assist the Grantee in 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 ("Net Project Cost") , such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to eighty percent (80%) of the actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share in the Notification of Grant Approval, whichever is the lesser. Form UMTA F 2002 Rev. 5/20/80 Page 1 (b) 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 or drawdowns under letter of credit are made. Sec. 4. Local Share - The Grantee agrees that it will provide from sources other than (a) Federal funds (except as may otherwise be authorized by Federal statute) , (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/ equipment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Net Project Cost. State or local tax revenues which are used for the operation of public mass transportation service in the area involved may be credited (to the extent necessary) toward the non-Federal share of the cost of the Project. The Grantee further agrees that no refund or reduction of the amount so provided below the level of Federal assistance will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 5. Fares and Services - The Grantee agrees and assures that in compliance with Section 5 (i) of the Act and regulations issued thereunder, at 49 C.F.R. Part 635, Subpart A, it will not institute increases in fares or substantial changes in service during the period after May 17 , 1980 for which Section 5 assistance is requested except -- (a) after having held a public hearing or having afforded an opportunity for such hearings, after adequate public notice; (b) after having given proper consideration to the views and comments expressed in such hearings; and (c) after having given consideration to the effect on energy conservation, and the economic , environmental, and social impact of the change in such fare or such service. Sec. 6. Maintenance of Effort - (a) The Grantee agrees that the Federal financial assistance provided pursuant to this Grant will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, expended on the operation of public mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available as defined in Section 5 (f) of the Act and any implementing guidelines and regulations issued by UMTA: provided, however, that in accordance with Section 5 (f) and any implementing guidelines and regulations: Page 2 (1) If such State and local government funds or other transit revenues used to support public mass transportation operations are reduced, there shall be no loss of Federal assistance under Section 5, if such reduction is offset by an increase in operating revenues through changes in fare structure. (2) If the Secretary finds that the Grantee has reduced operating costs without reducing service levels , the Grantee may make a proportionate reduction in the amount of revenues required to be expended under this Subsection. (3) If such State and local government funds or other transit revenues are reduced and (a) such reductions are not offset by an increase in operating revenues through changes in the fare structure, or (b) the Grantee has reduced operating costs which reductions result in reduced service levels , reductions in Federal assistance shall be determined in accordance with guidelines and regulations issued pursuant to Section 5 (f) . (b) Any failure on the part of the Grantee to comply with this Section shall be deemed a violation of the terms of this Grant, and the Government may in its discretion take either or both of the following actions : ;1) terminate all of the financial assistance provided pursuant to this Grant; and ( 2) require the Grantee to return to the. Government any financial assistance provided pursuant to this Grant. Sec. 7 . Use of Project Facilities/Equipment - The Grantee agrees to observe the property management standards as set forth in OMB Circular A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate , as now or hereafter amended. Exceptions to the requirements of Attachment N must be specifically approved by UMTA. If, during the period, any Project facilities/equipment are not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the grant made by the Government to the actual cost of the Project. Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use of misuse, or the net proceeds from public sale, whichever is approved by UMTA. In the event of loss due to Page 3 ,casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases in which Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Grantee shall also submit to the Government at the beginning of each calendar year during such period, a certification that the Project facilities/equip- are still being used in accordance with the terms of this Section and that no part of the local contribution to this cost of the Project has been refunded or reduced, except as authorized above . Sec . 8 . Labor Protection - The Grantee agrees to undertake, carry out , and complete 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 require- ments of Section 13(c) of the Act, 49 U. S. C. 9 1609(c) , and Department of Labor regulations at 29 C.F.R. Part 215 . These terms and conditions are identified in the letter W of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference . The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 9. Procurement of Rolling Stock and Buses - In accordance with any guidelines issued by b'-MTA the Grantee shall make third party contract awards for the acquisition of rolling stock, including buses , only after consideration of performance, standardization, and life-cycle costs , in addition to the consideration of initial capital costs . There necessary, the Secretary will assist the Grantee in making such evaluations . Page 4 Sec. 10. Special Conditions - The Grantee agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant will not exceed one-half of the rates generally applicable to other persons at peak hours , whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. Sec. 11. The Grant - This Grant consists of the Notifi- cation of Grant Approval; this Part I, Form UMTA F 2002 , Rev. 5/20/80, entitled Grant; and Part II , Form UMTA F 5E, Rev. 5/20/80, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incor- porated herein by reference and made part of this Grant. The approved Project Buldget is incorporated herein by reference and made par;: of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do 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. 12 . Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. When signed by the Government, this Grant should be executed by the Grantee within ninety (90) days after the Obligation Date . The Government may withdraw its obligation hereunder if the Grant is not executed within the above ninety-day period. The effective date of the Grant shall be the Obligation Date. The Grantee does hereby ratify and adopt all statements , representations , warranties , covenants , and materials sub- mitted by it, and does hereby accept the Government' s award of financial assistance and agrees to all of the terms and conditions of this Grant. Executed this _ Zday of �� � 19 �02. ATTEST: - ' s' BY ITLE AND O GANIZATIONTITL AND ORGANIZATION Page 5 APPROVED BY CITY COUNCIL fF-3 City Secretary 2-3b- Date Certificate of Grantee' s Attorney I , , acting as Attorney for the Grantee do here y cer i-fy that I have examined this Grant and have ascertained that execution of the Grant was authorized on the date of 0- A copy of this authorization is attached or has eviously been submitted to UMTA. The execution of this Grant and the proceedings taken by the Grantee are in all respects due and proper and in accordance with applicable State and local law. I further certify that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof and 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 accordance with the terms of this Grant. r.d Dated this 3 day of 40 V`1 ' SIGNATURE Wade Adkins City Attorney City of Fort Worth, Texas TITLE AND ORGANIZATION Page 6 UNITED STATES OF AFRICA DEPAYtTME ]T OF TRANSPORTATICN URAAN MASS TRANSPORrATICN ADMINISTRATICN WASHIIJG`ICN, D.C. 20590 a OFTRANSA o',, Q 7 a p p Z V RTES URBAN MASS TRANSPORTATICN AC IST PART II TERMS AND CCtMITICNS for Projects under Section 3, 5, 6, or 8, of the Urban Mass Transportation Act of 1964 as amended 49 U.S.C. S 1601 et seq. , for Mass Transportation Projects under the Federal Aid Highway Act of 1973, as amended, 23 U.S.C. S 103 et seq. , or for Section 175 of the Clem Air Act Amendments of 1977, 42 U.S.C. S 7505. i"WA F SE PRv. S/20/80 Section 111. Environmental, Resource, and Energy Protection and .� Conservation Requirements..... .. . . . . . ... . . . . . . . . .. . . . 30 (a) Compliance with Environmental Standards. .. . ... .. . 30 (b) Air Pollution. .. . .. . . .. . . .. . .. . . . .. . . . . . . . .. .. . . . 31 (c) Use of Public Lands.. . .. . . . . . . . . . . .. . . . . .. . . .. . . . 31 (d) Historic Preservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 (e) Energy Conservation. . . . . . . . .. . . . . . . . . . . . . . . .. . . . . 31 Section 112. Patent Rights. . . . . . . .. .. . . . . . . . .. . . . .. . . . . . . . . . . . . . .. . 31 Section 113. Rights in Data. . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .34 Section 114. Cargo Preference - Use of United States-Flag Vessels. . . . . . .. . .. . . . . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . . .35 Section115. Buy Werica. . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Section 116. Charter and School Bus Operations. . .. . . . . .. . . .. . . . . . . .37 (a) Charter Bus. . . . . .. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . .37 (b) School Bus. . . . . . .. . . .. .. .. . . . . . . .. . . . . . . . . . . . . . . .37 Section 117. Compliance with Elderly and Handicapped Regulations. . . . . . . .. . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .37 Section 118. Flood Hazards. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .37 Section119. Privacy. . . . . .. . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .38 Section120. Miscellaneous. . .. . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .39 (a) Bonus or Commission. . . .. . . . . . . . . . .. . . . . . . . . . .. . . .39 (b) State and Territorial Law. . . . . .. . . . . .. . . . . . . . . . . .39 (c) Records. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 (d) Severability. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . .40 ii DEPARTMENT OF TRANSPORTATION UFSAN MASS TRANSPORTATION ADMINISTRATION AGREEMENT PART II — TEFVS AND OONIDITIONS Constituting part of the AGREEM 1T providing for federal financial assistance under the provisions of the Urban Mass Transportation Act of 1964, as amended, and/or the Federal-Aid Highway Act of 1973. Section 101. Definitions. As used in this Agreement: "Application" means the signed and dated proposal as may be amended for federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with UMTA by or on behalf of the Recipient, which has been accepted and approved by UMTA. "Approval, Authorization, Concurrence, Waiver" means a conscious, written act by an authorized official of the Government granting permission to the Recipient to perform or omit an act pursuant to this Agreement which could not be performed or emitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or emission of a specific act shall not �- constitute permission to perform or snit similar acts unless such broad permission is clearly stated. Oral permission or interpreta- tions shall have no legal force or effect. "External Operating Manual" means the most recent U4TA manual of that title, which presents information about the UMTA programs, application processing procedures, and guidance for administering approved projects; There are also UMTA and DOT directives applicable to the Project. "Government" means the United States of America, or its cognizant Agency, the Department of Transportation (DOT) or its Agency, the Urban Mass Transportation Administration (UMTA) used hereafter interchangeably. "Mass Transportation" includes public transportation and means transportation by bus, rail or other conveyance, either publicly or privately owned, which provides to the public general or special transportation service (but not including school buses, charter or sightseeing service) to the public on a regular and continuing basis. (c) Allowable Costs. Expenditures made by the Recipient shall be reim- e as owable costs to the extent they meet all of the requirements set forth below. They must: (1) be made in conformance with the Project Description and the Project Budget and all other provisions of this Agreement; (2) be necessary in order to acvampli.sh the Project; (3) be reasonable in amount for the goods or services purchased; (4) be actual net costs to the Recipient (i.e. , the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred;) (5) be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from UMTA to the contrary is received; (6) be in conformance with the standards for allowability of costs set forth in Federal Management Circular (FMC) 74-4 and with any guidelines or regulations issued by LDUA; in the case of Projects with educational institutions, the standards for allowability of cost set forth in Office of Management and Budget (CHB) Circular A-21 Revised, rather than the standards of FMC 74-4, shall apply; (7) be satisfactorily documented; and (8) be treated uniformly and consistently balder accounting principles and procedures approved or prescribed by UHTA for the Recipient; and those approved or prescribed by the Recipient for its contractors. (d) Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. (e) Checks, Orders, and Vouchers. Any check or order drawn by the Recipient with respect to any item that is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Recipient 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. 4 M slit and I ,�. :;e Recipient shall permit, and shall require its cors.tra&-ms to permit, the Secretary and the Cmptroller General of. the United States, or any of their duly authorized respresentatives to inspect all work, materials, payrolls, and other data and zetcords with regard to the Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. Recipients that are State or local governments or Indian tribal govern- ments shall be responsible for meeting the audit requirements of CM Circular A-102, Attachmec-it P, or any revision or supplement thereto. The Recipient is responsible for auditing third party contracts and agreements. 1WA also may rec;F: ire tom. Recipient to furnish at any tine prior to closeout of the Project, audit reports prepared in aco dance with generally accepted accounting prim:iples. In the case of Section 5 operating Projects, subsequens to the close of the local fisc year for which which operating assistance is sought, the Recipient shall furnish a final audit report prepared by a State or local goverrrnent independent audit agency or an 1-ndepe-alent public accountant which shall include as a minimum a Stat ent of Revenue and Expense, a Statement of Changes in Financial Position, and a Maintenance of Effort Calculation of the mass trers1-ortar-,.ota operator for the assisted local fiscal year. Section 105. Requisitions arO PaN eats. (a) Requests for Pa�ment Ly the Recipient. The Recipient may make requestsoar paymentt t the federal snare of allowable ccsts, and UMTA will horarr st ch rectivas",s in the manner set forth in this section. Pa mr-n*7 ru. s- to Re—cirients must amply with 31 C.F.R. Part 205. Recipients shall follow the procedures set forth in [RSA Circular 9050.1. In order to receive federal assistance p-rents, the Recipient must: (1) am pletel;• exmite and submit to UMM the infozna:..ion required by Standard Form 270; (2) submit to UMEA. an e=ccplanation of the purposes for w± iah costs have been incarxed to date or are reasonably expectd to be incurred within the requisition period (not more than 30 days after the date of uukmssioon) (3) de trat-e or certifv that it has supplied local funds • adequate, when oombin-r-3d with the federal payments, to cover all. costs to be irucan,ad to the end of the requisition period; (4) have suixnitted to tiCA all financial &nd px—e s required to date under this Agreement; and (5) identify the source* of financial assistanoe prrrvidec3 under this Project fn-ra which uze payment is to be cl�rit . (b) Payment by the Upon receipt of the raqaisitirnr anti the rt accompanying w,if=-A-;1-,J:..-07 :.n satisfactory form, the Goer-r pt will process the z-ec�u x s J; »1 1," r1,e Recipient is ocmplyinr with its obligations has satisfied LMh of its need for the fedexzO- Pruir; reqvec sd during the regvds ltim. perrio s, and is r.oking a:rn:a* �,-Lx� ea towards the tir�ly c mpp f--ticn the Project. 7f al; t"-ae circrostances are fmt--; to 5 the Govenmvnt will reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the Recipient up to the maximsn amount of the federal assistance 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 terms of this Agreement oomtitted by the Recipient. The Government will make a final determination as to allowability only after final audit of the Project has been conducted. In the event that LWA determines that the Recipient is not currently eligible to receive any or all of the federal funds requested, it shall promptly notify the Recipient stating the reasons for such determination. (d) Disallowed Costs. In determining the armunt of the federal assistance, LWA will exclude a1TProject costs incurred by the Recipient prior to the date of this Agreement, or prior to the date of the approved budget for the Project, whichever is earlier unless an authorized representative of UMrA advises in writing to the contrary; any costs incurred by the Recipient which are not provided for in the latest approved budget for the Project; and any costs attributable to goods or services received under a contract or other arrangement which has not been concurred in or approved in writing by LMrA. Exceptions to the above statement on disallowed costs are contained in the External Operating Manual or in written guidance from LMTA. (d) Letter of Credit. Should a letter of credit be issued to the Recipient, the following terms and. conditions in confonnanee with 31 C.F.R. Part 205, are applicable: (1) the Recipient shall initiate cash drawdowns only when actually needed for Project disbursements. (2) the Recipient shall report its cash disbursements and balances in a timely manner as required by the Government. (3) the Recipient shall provide for effective control and aocoturtability for all Project funds in accordance with require- meets and procedures issued by the Government for use of the letter of credit. (4) the Recipient shall impose on its mkwecipients all the requirements of Section 105(d) (1) (2) and (3) above as applicable. (5) should the Recipient fail to adhere to the requirements of Section 105(d) (1) (2) (3) and (4) above, the Goverment may rwjohe the unobligated portion of the letter of credit. 6 (6) Section 105(a) , (b) , and (c) above remain effective to the extent that they do not conflict with the provisions of section 105(d) . (e) Interest on Late Payments. Upon notice by UMTA to the Recipient of specific amounts Gorvenn mt, the recipient shall promptly remit any excess payment of amounts or disallowed costs to UMTA. Interest may be assessed from the tine of notice and charged for any amounts due to the Government that are not paid as set forth in the Treasury Fiscal Requirements Manual. Section 106. Right of Government to Terminate. upon written notice to the Recipient, the Government reserves the right to suspend or terminate all or part of the financial assistance provided herein if the Recipient is, or has been, in violation of the terms of this Agreement or if UMM determines that the purposes of the Act would not be adequately served by continuation of federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial performance of the Project within a reasonable time shall be deemed to be a violation of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by UMTA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Funds previously received by the Recipient or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Government may otherwise have arising out of this Agreement. Section 107. Project Completion, Settlement, and Close-out. upon successful completion of the Project or upon termination by UMTA, the Recipient shall, within 90 days of the completion date of the Project, submit a final Financial Status Report (Standard Form 269) , a certification or summary of Project expenses, and third party audit reports, when applicable. Upon receipt of this information, UMTA or an agency designated by LWA will perform a final audit of the Project to determine the allowability of costs incurred, and will make settlement of the federal grant described In Part I of this Agreement. If UMTA has made payments to the Recipient in excess of the total amount of such federal assistance, the Recipient shall promptly remit to UMTA such excess and interest as may be required by section 105 (e) . Project close-rout occurs when UMTA notifies the Recipient and forwards the final grant payment or when an appropriate refund of federal • grant funds has been received frau the Recipient and acknowledged by UMTA. Close-out shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgement from UMTA. Section 108. Contracts of the Recipient. The Recipient shall not execute any lease, pledge, mortgage, lien, or other contract touching or affecting Projectfacilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project, unless such lease, pledge, mortgage, lien, contract, or other obligation is expressly authorized in writing by DOT; nor shall the Recipient, by any act or omission of any kind, impair its continuing control over the use of Project facilities or equipment during the useful life thereof as detexmined by DOT. 7 Section 109. Restrictions, Prohibitions, Qontxvls, and Libor Provisions. (a) Bqual Erqpl2=t 9MIrtunity. In connection with the carrying out of the Project, the Recipient shall not discriminate against any employee or applicant for eWloyamt because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are enployed, and that employees are treated during employment, without regard to their race, color, religion, sex, age,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient shall insert the foregoing provision (modified only to show the particular contractual relationship) in all of its contracts in connection 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 110 (a) of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for. standard commerical supplies or raw materials. If, as a condition of assistance, the Recipient has submitted,and the Government has approved, an equal employment opportunity program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation c-L this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided in Section 106 of this Agreement or other measures that may affect the ability of the Recipient to,.obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal Aid Highway Act of 1973, as amended. (b) Minority and Women's Business Enterprise. The Recipient shall be responsible for meeting the applicable regulations regarding participation by minority business enterprise (MBE) in Department of Transportation programa set forth at 49 C.F.R. Part 23, 45 F.R. 21172 et seq. , March 31, 1980, or any revision or supplement thereto. Pursuant to the requirements of section 23.43 of those regulations: , (1) PoZicy. It is the poZicy of the Department of Transportation that minority business enterprises, as defined in 49 C.F.R. Part 23, ehaZZ have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federaZ funds under this agreement. ConeequentZy, the MBE requirements of 49 C.F.R. Part 23 apply to this agreement. 8 �- (2) MBE Obligation. The Recipient and its contractors agree to ensure that minority business enterprises as defined in 49 C.F.R. Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard all Recipients and contractors shall take all necessary and reasonable steps in accordance with 49 C.F.R. Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT- assisted contracts. (3) If as a condition of assistance the Recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the Recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to cavy out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 C.F.R. Part 23, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the Recipient to obtain future DOT financial assistance. (4) The Recipient shall advise each subrecipient, contractor, and subcontractor that failure to cavy out the requirements set forth in - 23.43(a) shall constitute a breach of contract and, after the notification of the Department, may result in termination of the Agreement or contract by the Recipient or such remedy as the Recipient deems appropriate. (5) Recipients shall take action concerning lessees as follows: (A) Recipients shall not exclude MBE's from participation in business opportunities by entering into long-term, exclusive agreements with non-ME's for operation of major transportation-related activities for the provision of goods and services to the facility or to the public on the facility. (B) Recipients required to submit affirmative action programs under section 23.41(a) (2) or (a) (3) that have business opportunities for lessees shall submit to the Department for approval with their programs overall goals for the participation as lessees of firms owned and controlled by minorities and firms owned and controlled by women. These goals shall be for a specified period of time and shall be based on the factors listed in section 23.45(g) (5) . Recipients shall review these goals at least annually, and whenever the goals expire. The review shall analyze projected versus actual IBE participation during the period covered by the review and any changes in factual circumstances affecting the selection 9 of goals. Following each review, the Recipient shall sutmit new overall goals to the Department for approval. Recipients that fail to meet their goals for ME lessees shall demonstrate to the Department in writing that they made reasonable efforts to meet the goals. (C) Except as provided in this section, Recipients are requried to include lessees in their affirmative action programs. Lessees themselves are not subject to the requirements of this Part, except for the obligation of section 23.7 to avoid discrimination against MBE's. (6) The Recipient agrees to include the clauses in Subsection (1) and (2) of Section 109(b) above in all subsequent agreanents between the Recipient and any subrecipient and in all subsequent DOT--assisted contracts between the Recipient or subrecipients and any third party contractor. (c) Title VI Civil Rights Act of 1964. The Recipient will comply and will assure a compliance by contractors and subcontractors under this Project with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 U.S.C. S 2000d) , the Regulations of DOT issued thereunder, 49 C.F.R. Part 21 and the Assurance by the Recipient pursuant thereto. (d) Campetition in Procurement. The Recipient shall comply with the Procurement Standards requirements set forth in Attachment 0 of CMB Circular A-102, as amended, or A-110, as may be appropriate; and with any supplementary guidelines or regulations as may be promulgated by the Government. �*►,, (e) -:hics. The Recipient shall maintain a written code or standards of cEiffuct which shall govern the performance of its officiers, employees or agents engaged in the award and administration of contracts supported by Federal funds. Such code shall provide that no employee, officer or agent of the Recipient shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: e 10 1. the emloyee, officer or agents 2. any member of his imnediate family; 3. his or her partner; or 4. an organization which employs, or is about to emploY• any of the above. The code shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value Exon contractors, potential contractors, or parties to eubagreagw, & The Recipient may set minimn rules where the financial interest is not substantial or the gift is an unsolicited item of naninal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the Recipient's officers, employees, or agents, or by contractors or their agents. (f) Interest of Members of or Delegates to Congress. No member of or dielegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. Section 110. Construction Contracts. (a) Nondiscrimination. The Recipient hereby agrees that it will incorporate or causeincorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken Pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 11 During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, 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 mace, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; mates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to emplojees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertise- •ients for employees placed by or on behalf of the contractor, statc that all qualified applicants will receive consideration ."or employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or repre- sentative 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) The 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, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be 12 cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorised in Executive Order 11246 of September 24, 1965, as amended, 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 law. (7) 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 vendor. The contractor will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; 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 United States to enter into such litigation to protect the interests of the United States. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own enployment practices when it participates in federally assisted construction work; Provided That if the Recipient so participating is a State or local governMent, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such grnvrnmnent which does not participate in work on or under the Agreement. The Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the oomplianee of contractors and subcontractors 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 Secxetazy of Labor such informatim as they may require for the supervision of such ccmpliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing ocupliance. 7he Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Em utive Order 11246 of September 24, 1965, as amended, with any 13 ocn tractor debarred from, our %W has not demonstrated eligibility � for Goverrurent contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and per:alties for violation of the equal opportunity clause as may be imposed upon contractors and suboontractors by the administering agency or the Secretary of Inbar pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreement (grant, contract, loan, insurance, guarantee) ; refrain frau extending any further assistance to the Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future catplianee has been received from such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (b) Specifications. Recipient hereby agrees that it will incorporate or cause to be incorporated the specifications set forth below in all federal and federally assisted oontruction oontracts, or modifi- cations thereof, in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to the Regulations of the Secretary of Labor at 41 C.F.R. Section 60-4.6 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction federal contracts and subcontracts covered under Executive Order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPFORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246): 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identifioation number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treaoury Depart- ment Form 941. 14 d. "Minority" inoludee: (i) Black (all persona having origins in any of the Black African raoiaZ groups not of Hispanic origin); (ii) Hispanic (all persona of Mexican, Puerto Rican, Cuban, CentraZ or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or AZaekan Native (all persona -having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any con- struction trade, it shall physically include in each subcontract in excess of $10,000 the provisions, of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 C.F.R. 60-4.5) in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) ahaZZ be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the PZan in each trade in which it has eVZoyees. The overall good faith performanoe by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or auboncontractor'a failure to take good faith efforts to achieve the Plan goals and timetables. is 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the coverd area. The contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. S. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which. the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-vita supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 16 b. EetabZieh and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to oommuni.ty organisations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations ' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and femaZe off-the- street appZioant and minority or femaZe referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring halt for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shaZZ be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-site training opportunities and/or participate in training programs for the area which expreesZy include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor ehaZZ provide notice of these programa to the aources compiled under 7 b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management pereonneZ and- with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards aooesai.ble to all employees at each location where construction work is performed. 17 g. Review, at least annually, the company's EEO policy and affirmative aotion obligations wader these specifications with all employees having any responsi- bility ,for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc. , prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally , by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and sub- contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and fimaZe recruitment and training organiaations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of contractor's workforce. k. Validate all tests and-other selection require- ments where there is an obligation to do so under 41 C.F.R. Part 50-3. Z. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 18 m. Ensure that seniority practioee, job olassifi- cations, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shalt be provided to assure privacy between the sexes. o. Document and maintain a record of all solicita- tions of offers for subcontracts from minority and female construction contractors and suppliers, including circulation o. soZicitations to minority and female contractor associa- tions and other business associations. p. Conduct a review, at least annually, of all supervisors ' adherence to and performance under the contractor's EEO policies and affirmative action obli- gations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one of more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positve impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participntion, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male 19 and female, and all women, both minor i.ty and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a , substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilised). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfulling its obligations under ...�.' -i„�iese specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 C.F.R. 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number race, sex, status (e.g., mechanic,apprentice, trainee, helper, 20 , or Zaborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the ;cork was performed. Records shaZZ be maintained ..� in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program. ) (c) Notice. Recipient hereby agrees that it will ensure that the m c_ set forth below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Ccnpliance Programs of the Department of Labor at 41 C.F.R. Section 60-4.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246): 1. Thi: Offeror's or Bidder's attention is called to the "Equal Opportunity CZ,ause" and the "Standard Federal Equal EMpZoyment Opportunity Construction Contract Specifi- cations" set for,h herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goats for Coals for female minority participation participation in for each trade each trade Insert goals for Insert goals for each year. each year. These goals arc: applieable to all the contractor's con- struction work (what.her or not it is federaZ or federally assisted) performed in the covered area. L The contractor's om plianoe with the Executive Order and the regulations in 41 C.F.R. Part 60-4 shall be based on its imple- mentation of the Equal Opportunity Clause, specific affirmative - action obligations required by the specifications set forth in 41 C.F.R. 60-4.3(a), and its efforts to meet the goals estabZiehed for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the- contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female s employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation°of the contract, the Executive Order and the regulations in 41 C.F.R. Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shalt provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shalt list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the State, county and city, if any). (d) Labor Provisions. pursuant to regulations set forth at 29 C.F.R.the f0115;irV provisicns shall be incorporated in all oonstructien contracts of $2,000 let by the Aacipient in carrying out the Project. (1) Minimum wa es. (i) All mechanics and laborers employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regu- lations issued by the Secretary of Labor under the Cope- land Act (29 C.F.R. Part 3)), the full amounts due at time of payment computed at wage rates not Zess than 22 those contained in the wage determination decision of the Secretary of Labor applioable to the Projeot, regardless of any contractual 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 prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section l(c)(2) of the Davis-Baoon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. 5.5 (a)(Z)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or program s, .but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any 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 or reclassified conformably to the wage deter- mination, and a report of the action taken shalt be sent by DOT to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassifi- cation of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question acoompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for final determination. (iii) The contracting officer shalt require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit whioh is not expressed as an hourly wage rate 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, a000mpanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. 23 (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costa —� reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the mage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. DDT may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site of the Mork, all or part of the wages required by the contract, DOT 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) Payroll and Basic Records. (i) Payrolls and basic ...r� records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name 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(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 5.5 (a)(1) (vi) that the wages of any laborers or mechanics include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b) (2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the corrsnitment to provide such benefits is enforceable, and that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. 24 (ii) The sontractor wiZZ submit weskZy a copy of aZZ payrolls to the Recipient for tranemittaZ to DOT. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not Zees than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform to the work to be performed. A submission of the "weekly Statement of Compliance" which is required under this contract and the CopeI`and regulations of the 5ecrstary of Labor (29 C.F.R., Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 C.F.R. 5.5 (a)(1)(iv) shall satisfy this requirement. The prime contractor shalt be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of DOT and the Department of Labor, and will permit such representatives to irtexti�,`.ew errk Zoyees during working ho zra on the ,job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls auhmit•ted to t hP contrasting agencies that their employ- ment is purauant to an unproved program and shalt identify the program. (4) Apprentices and ''`r air,ees. (A) entices. Apprerstices will be permitted to work at less than the pred,,,!':eYr7-"ned rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Depart- ment of Labor. SrnpZoyrnent and Training A&ninistration, Bureau of Apprenticeship ant Training, or with a State Apprenticeship Agency recognised by the Bureau, or if a person is employed in his .firat 90 days of probationary employment as an apprentice in sutch an apprenticeship program, who is not individua Vy .,reg?.stered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency ('where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shalt not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at 25 an apprentice wage rate, who is not a trainee as defined in subdivision (B) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shalt not be less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (B) Trainees. Except as provided in 29 C.F.R. 5. 15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to or individually registered in a program which has received prior approval, evidenced by format certification, by the U.S. Department of Labor, EfnpZoyment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than that permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee Zieted on the payroll at a trainee rate who is not . registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shalt be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to J'crnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilise trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (C) Equal EmZoyment 0 ortunit . The utilisation of apprentices,, trainees and ,journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 C.F.R. Part 30. 26 (5) Comp lianoe with Copeland Regulations (29 C.F.R. Part 3). The contractor shall comply with the Copeland Regulations (29 C.F.R. Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Contract Termination: Debarment. A breach of clauses (1) through (5) may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. 5.6. (7) Overtime Requircments. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require 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 any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation 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; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (7), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his upaid wages. In addition, such contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employee in violation of the clause set forth in subparagraph (7), in the sum of $10 for each calendar day on which such employee is 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 M. (9) Withholding for Liquidated Damages. DOT may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such eume as may administratively be determined 27 to be necessary to satisfy any Ziabiliti#e of eueh contractor or subcontractor for liquidated damages as provided in the clause set forth in subparagraph (8). ('10) Final Labor Summary. The contractor and each subcontractor #hall furnish to the Recipient, upon the completion of the contract, a sunimary of all employment, indicating, for the completed Project, the total hours worked and the total amount earned. (11) Final Certificate. Upon completion of the contract, the contractor shall submit to the Recipient with the voucher for final payment for any work performed under the contract 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 on (Contract No. ) hereby certifies that all laborers, mechanics, apprentices and trainees employed by him or by a 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 appliea bl, to the wage rate paid. Signature and title (12) Notice to the Recipient of Labor Disputes. Whenever the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the contractor shalt immediately give notice thereof, including all relevant in- formation with respect thereto, to the Recipient. (13) Disputes Clause. (i) All disputes concerning the payment of prevailing wage rates or classification shall be promptly reported to 28 ,.._ the Recipient for its referral to DOT for decision or, at the option of DOT, DOT referral to the Secretary of Labor. The decision of DOT or the Secretary of Labor as the case may be, ehalZ be final. (ii) All questions relating to the appZieation or interpretation of the Copeland Act, 40 U.S.C. S 276c, the Contract !Work Hours Standards Act, 40 U.S.C. SS 327-333, the Davis-Bacon Act, 40 U.S.C. S 276a, or Section 13 of the Urban Mass Transportation Act, 49 U.S.C. S 2609, shall be sent to UMTA for referral to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be final. (14) Convict Labor. In connection with the performance of work under this contract the contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. This does not include convicts who are on parole or probation. (15) Insertion in Subcontracts. The contractor shall insert in all construction subcontracts the clauses set forth in subsections (1) through (15) of this section so that all of the provisions of this section will be inserted in all construction subcontracts of any tier, and such other clauses as the Covernment may by appropriate instructions require. (e) Changes in Construction Contracts. Any changes in a construction contract shall nye subnutted to DOT for prior approval unless the gross amount of the changes 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 specifiying that the above requirement will be met. (f) Contract Security. The Recipient shall follow the requirements of CMB Circular A-102, as amended, or A-110, as may be appropriate, and LMTA guidelines with regard to bid guarantees arra bondinq requirements. (g) Insurance Durj'n2 Contraction. The Recipient shall follow the insurance requirements narnnn y required by their State and local governments. (h) Signs. The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs 29 satisfactory to Dar identifying the Project and indicating that the Govverrnneit is participating in the development of the Project. (i) Liquidated Dams s Provision. The Recipient shall include in all contracts or construction, a c ause satisfactory to Dar providing for liquidated damages, if (1) Dar may reasonably expect to surfer damages (increased costs on the grant project involved) front the late completion of the construction and (2) the extent or amount of such damages would be difficult or WpDssible to assess. The assessment for damages shall be at a specified rate per day for each day of overrun in contract time deducted from payments otherwise due the contractor. This rate, which must be satisfactory to DOT, must be specified in the contract. (j) Provisions of Construction Contract. The terms and conditions of each competitively bid oonstrucU& oontract are subject to prior approval by DOT if the estimated cost will exceed $25,000, unless and to the extent that such prior approval is waived in writing by DOT. In addition to the requirements of this Section 110, each construction contract shall contain, among others, provisions required by subsections (e) , and (f) of Section 109 hereof. (k) Actual Work by Contractor. The Recipient shall require that a construction contractor perform, an the site and with his own staff, work equivalent to at least 10 percent of the total amount of construction work covered by his contract. (1) Force Account. If costs of construction performed by employees of the Reclp- t are estimated to exceed $25,000, prior approval of DOT must be obtained or else such costs may not be included as eligible Project Costs. (m) Safety Standards. Pursuant to Section 107 of the Contract Work Hours ander Standards Act and Depart=ment of Labor Regulations at 29 C.F.R. S 1926, no laborer of mechanic working on a construction contract shall be required to work in surroundings or under work- ing conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards prcmmulgated by the Secretary of Labor. Section 111. Environmental Resource, and Energy Protection and Conservation Faquuwmts. (a) Compliance with Envisormental Standards. The Recipient shall comply with provisions of the C1 Air Act, as amended (42 U.S.C. S 1857 et seq.) ; the Federal Water Pollution Control Act, as amended (33 U.S.C. S 1251 et seq.) ; and implementing regulations, in the facilities which are involved in the Project for which federal assistance is given. The Recipient shall ensure that the facilities Hurler ownership, lease or supervision, whether directly or under contract, that shall be utilized in the accomplishment of the Project are not listed an the EPA's List of Violating Facilities. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)) , Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order No. 11738, and Environmental Protection Agency (EPA) regulations (40 C.F.R. Part 15) . The Recipient and any third-party contractor thereof shall be responsible for reporting any violations to umzk and to 30 the EPA Assistant Administrator for Enforcement. In addition, the Recipient shall notify LSA of the receipt of any camunicaticn from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing in EPA. (b) Air Pollution. No facilities or equipment shall be acquired, constructed, or improved as a part of the Project unless the Recipient obtains satis- factory assurances that they are (or will be) designed and equipped to limit air pollution as provided in the External Operating Manual and in a000rdance with all other applicable standards. (c) Use of Public Lands. No publicly owned land from a park, recreation 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 concurrence of DOT. (d) Historic Preservation. The Recipient shall assist LWA in its oorpliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) , Executive Order No. 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that '- are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying UNTA of the existence of any such properties, and by (b) oamplying with all requirements established by UMM to avoid or mitigate adverse effects upon such properties. (e) Energy Conservation. The Recipient and its third party contractors shall recognize mandatory standards and policies relating to energy efficiency Which are contained in the State energy conservation plan issued in ccinpliance with the Energy Policy and Conservation Act (P.L. 94-163) . Section 112. Patent Rights. (a) Hhsnever any invention, improvement, or discovery (whether or not patentable) is conceived or for the first time actually reduced to practice, by the Recipient or its employees, in the course of, in connection with, or under the terms of this Agreement, the Recipient shall kmiediat:ely give the Secretary of DOT, through UMM, or his authorized representative written notice thereof; and the Secretary shall have the sole and exclusive power to determine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, improve- ment, or discovery, including title to and rights under any patent appli- cation or patent that may issue thereon. The determination of the Secretary on all these matters shall be accepted as final, and the Recipient agrees that it will, and warrants that all of its employees who may be the inventors will, execute all documents and do all things necessary or proper to the effectuation of such determination. 31 (b) bccept as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient shall obtain patent agreetnants to effectuate the provisions of this clause from all persons who perfcaacm any part of the work under this Agreement, eacoept such clerical and muLal labor personnel as will have no access to tschnical data. (c) Except as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient will insert in each third-party contract having design, test, experimental, develop- mental, or research work as one of its purposes, provisions making this clause applicable to the third-party contractor and its Mployees. (d) (1) The Recipient and the third-party contractor, each, may reserve a revocable, nonexclusive, royalty-free license in each patent application filed in any country an each invention subject to this clause and resulting patent in which the Goverment acquires title. The license shall extend to the third-party contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the third-party contractor is a part and shall include the right to grant sublicenses of the same soaps to the extent the third-party contractor was legally obligated to do so at the time the contract was awarded. The license shall be transferable only with approval of UMTA except when transfered to the successor of that part of the third-party contractor's business to which the invention pertains. (2) The third-party contractor's nonexclusive domestic license retained pursuant to paragraph (d) (1) of this clause may be revoked or modified by UMIA to the extent necessary to achieve expeditious practical application of the Subject Invention under 41 C.F.R. 101-4.103-3 pursuant to an application for exclusive license submitted in accordance with 41 C.F.R. 101-4.104-3. This license shall not be revoked in that field of use and/or the geographical areas in which the third-panty contractor has brought the invention to the point of practical application and continues to make the benefits of the invention reasonably accessible to the public. The third- party contractor's nonexclusive license in any foreign country reserved pursuant to paragraph (d) (1) of this clause may be revoked or modified at the discretion of LMA to the extent the third-party contractor or his domestic subsidiaries or affiliates have failed to achieve the practical application of the invention in that foreign country. (3) Before modification or revocation of the license, pursuant to paragraph (d) (2) of this clause, UNTA shall furnish the third-party contractor a written notice of its intention to modify or revoke the 32 ` license, and the third-party contractor shall be allawed 30 days (or such longer period as may be authorized by UMM for good cause shown in writing by the third-party contractor) after the notice to Show cause why the license should not be modified or revoked. The third-party contractor shall have the right to appeal, in ao=-dance with Procedures prescribed by UKCA,any decision the modification or revocation of his license. (e) In the event no inventions, inprove ments,or discoveries (whether or not patentable) are conceived, or for the first time actually reduced to practice by the Recipient, its aV. loyees, its third- party contractors, or their employees, in the course of, in connection with, or under the terms of th Agreannt, the Recipient shall so certify to the Secretary or his authorized representative, no later than the date on which the final report of work done, is due. (f) If the Recipient or the third-party contractor is pernLitted to file Patent applications pursuant to this Agreement, 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 Project with the Department of Trans- portation. (g) In the event the Recipient or the thin3-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 Secretary or his authorized representative may revoke such rights or require the assignment of such rights to the Gover invent. (h) The Secretary 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 Recipient which the Secretary 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 eoaVliance by the recipient with the requirements, of this clause. The Secretary or his authorized representative shall, during the period specified above, have the further right to require the Recipient to examine any books, records, documents, and other supporting data of the third-party contractor which the Re~ ipient shall reasonably dew directly pertinent to the discovery or 33 identification of inventions falling within the criteria sat - . out in paragraph (a) or to ompliance 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 information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; ffi text in specifications or related performance or design-type docu<rents; machine forms such as punched cards, magnetic tape, or computer memory printouts; arra information retained in oamputer memory. Examples include, but are not limited to, engineering drawings and associated lifts, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The teas 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 Agree- ment shall be the sole property of the Government. The Recipient 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 Recipient shall not publish or reproduce such data in whole or in part, or in any mariner or form, no- 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; this restriction, however, does not apply to Agreements with Academic Institutions. (c) The Recipient agrees to grant and does hereby grant to the Govern- ment and to its officers, agents, and etployees acting within the scope of their official duties, a royalty-free, non =lusive, and irrevocable license throughout the world (1) to publish, translate, reproduce, deliver, perform, use, and dispose of, in any mariner, any and all data not first produced or composed in the performance of this Agreement but which is incorporated in the work furnished under this Agreement; and (2) to authorize others so to do. (d) The Recipient shall indemnify and save and hold harmless the Govern- ment, 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 Recipient of proprietary rights, copyrights, or rights of 34 � , Privacy, arising out of the publication, translation, r production, delivery, perfommm, use, or disposition of any data fumiWied under this Agreement. (e) Nothing contained in this clause shall imply a license to the GoAvernment 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 the event that the Project, which is the subject of this Agram nt. is not completed, for any reason whatsover, all data generated under that Project shall becaee subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as the Government may direct. This clause shall be included in all third-party contracts under the Project. (g) Paragraphs (c) and (d) above are not applicable to material furnished to the Recipient by the Gmrern meet and incorporated in the work furnished under the contract; provided that such incorporated material is identified by the Recipient at the time of delivery of such work. Section 114. Cargo Preference - Use of United States-Flay Vessels. (a) 46 U.S.C. S 1241 provides in pertinent part as follows: ".� (b) (1) Whenever the 17 ited States shall procure, contract for, or otherwise obtain for its own account, or shall furnish to or for the account of any foreign nation without provision for reimburseement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies in =uvxtion with the furnishing of such equipment, materials, or oo wditie3s, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per, centum of the gross tonnage of such equipment, materials, or oamt dities (ocgmted separately for dry bulk carriers, dry cargo liners, and tankers) , which may be transported on privately owned United States- flag commercial vessels, to the extent such vessels are available at fair and reasonable rates for United States-flag ocavercial vessels, in such manner as will insure a fair and reasonable partici- pation of United States-flag oamnercial vessels in such cargoes by geographic areas: . . . . (2) Every department or agency having responsibility under this subsection shall administer its program with respect to this subsection under regulations issued by the Secretary of Caaaeroe . .. 35 (b) Pursuant to regulations published by the Secretary of Ccnmaroe at 46 C.F.R. Part 381, the Recipient agrees to insert the following clauses in all contracts let by the Recipient under which equipment, materials or ccts, ities may be transported by ocean vessel in carrying out the Project: The contractor agrees -- (Z) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-Zading in EngZieh for each shipment of cargo described in paragraph (Z) above to the Recipient (through the prime contractor in the case of subcontractor bills-of-Zading) and to the Division of National Cargo, Office of Market Develop- ment, Maritime Administration, Washington, D.C. 20230, marked with appropriate identification of the Project. .. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Section 115. Buy America. Pursuant to Section 401 of the Surface Transportation Assistance Act of 1978 P.L. 95-599, Nov. 6, 1978, and regulations published thereunder, the Recipient agrees that if the total cost of this Project or my amendment thereto exoseds $500,000,and if funds therefor are obligated by the Government after Novanber 6, 1978, the Recipient shall require with respect to any third party contract thereunder that exceeds $500,000 that only such unm&nufacturad articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, and supplies mired, produced, or manufactured, as the case may be, in the United States, will be used in such Project, unless a waiver of these provisions is.-granted. .36 Upon written request to the Secretary, the Recipient may request a waiver of the above provisicns. Such waiver may be granted if the Secretary determines: (1) their application would be inoonsistent with the public interest; (2) in the case of acquisition of rolling stock, their appli- cation would result in unreasonable cost (after granting appropriate price adjustments to domestic products based on that portion of Projekt cost likely to be returned to the United States and to the States in the form of tax revenues) ; + (3) supplies of the class or kind to be used in the manufacture of articles, materials, supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (4) that inclusion of dcmestic material will increase the cost of the overall Project contract by more than 10 per centum. Section 116. Charter and ,School Bus Operations. (a) Charter Bus. The Recipient, or any operator of mass transportation, acting oar its behalf, shall not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(f) , and requlaticns published thereunder. (b) School Bus. The Recipient, or any operator of mass transportation acting en its behalf, shall not engage in school bus operations, exclusively for the transporation of students or school personnel, in ccnpetition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(q) and requlations cublished thereunder. Section 117. Compliance with Elderly and Handicapped Regulations. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project ccaply with applicable regulations regarding Transportation for Elderly and Handi- capped Persons, set forth at 49 C.F.R. Part 27. Section 118. Flood Hazards. The Recipient shall amply with the flood insurance purchase require- ments with respect to construction or acquisition purposes, of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. S 4012(a) . 37 Section 119. Privacy. Should the Recipient, its third party contractors or its anploy"s administer any system of records on behalf of the Federal Government, the following terms and conditions are applicable. (a) The Recipient agrees: (1) to ccrply with the Privacy Act of 1974, 5 U.S.C. S 552a (the Act) and the rules and regulations issued pursuant to the Act when performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its contractors or employees to accomplish a Government function; (2) to notify the Government when the Recipient anticipates operating a system of records on behalf of the Government in order to accomplish the requirements of this Agreement, if such system contains information about individuals which will be retrieved by the individual's mane or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this Agreement until the necessary approval and publication requirements applicable to the system have been carried out. 7he Recipient agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act; (3) to include the Privacy Act Notification contained in this Agreement in every third party contract solicitation and in every third party contract when the performance of work under the proposed third party contract may involve the design, development, or operation of a system of records on individuals that is to be operated under the contract to accomplish a Gove mnt function; and (4) to include this clause, including this paragraph, in all third party contracts under which work for this Agreement is performed or which is marded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of the Government. (b)Fbr purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accamplish a Government function, the Recipient, third party contractor and any of their employees is considered to be an employee of the Government with respect to the Government function and the requirements of the Act, including the 38 civil and criminal penalties for violation of the Act, are applicable emoept that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to oomply with the provisions of the Act or of this clause will make this Agreement subject to termi- nation. (c) The terms used in this clause have the following meanings; (1) "Operation of a system of records" means perforrmnoe of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and. dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by the Recipient on behalf of the Government, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (3) "System of records" on individuals means a group of any records under the control of the Recipient on behalf of the Govexn ent from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Section 120. Miscellaneous. (a) Bonus or Commission. The Recipient warrants that it has not paw a so agrees not to pay, any bonus or oonmission for the purpose of obtaining an approval of its application for the financial assistance hereunder. (b) State or Territorial Law. Anything in the Agreement to the contrary no� taMij, nothing in the Agreement shall require the Recipient to observe or enforce ocmplianae with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law; Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Recipient to violate any applicable State or territorial law, the Recipient will at once notify DOT in writing in order that appropriate changes and modifications may be made by DOT and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. r 39 (c) Records. the Recipient, and aw wass tsensportation operator TO—F—W& it am"& will, for each loam fiscal year m4irg `1 an or after July L 1978, oanfoam to the sepaztinp system and the uniform system of accounts and records to the ecbsnt required by section 15 of the Urban Ness Transpos+ation Act of 1%4, as amw ded, 49 U.S.C. S 1611, effective 9W each local fiscal year ending on or after July 1, 1978, and UNTA regulations. (d) Severabilit If any provision of this Agrmmt is held invalid, theremaun r of this Agreemaat shall not be affected thereby if such remainder would then continue to aonfosm to the terms and requirements of applicable law. 40 i U.S.DeWmnent REGION VI 819 Taylor Street of Transportation Arkansas, Louisiana, Suite 9A32 New Mexico, Oklahoma, Fort Worth, Texas 76102 Urban Mass Texas Transportation Administration APR 2 192 Mr. Robert Herchert City Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76132 Re: Project No. TX-05-0071 Dear Mr. Herchert: I am pleased to advise you that your application for a capital grant under Section 5 of the Urban Mass Transportation Act of 1964, as amended, has been approved in the maximum amount of $805,120. These funds will aid in financing the purchase of two 40-foot advanced design buses, four support vehicles, shop/office equipment, expand maintenance facility structures, and expand bus parking. Enclosed are two copies of the approved project budget and four counter- parts of an Offer of Contractual Assistance executed on behalf of this Administration. Instructions which you should follow in executing these counterparts are enclosed. Please be advised that this contract contains an additional provision as provided at paragraph 9. This provision is required by the recently passed DOT Appropriations Act for FY 1980 (P.L. 96-131) and requires recipients to certify prior to awarding a procurement contract for rolling stock, including buses, that performance, standardization, and life-cycle costs, in addition to the initial capital costs, have been con- sidered. A copy of the required certification has been included for your convenience. Please forward a copy of the certification upon its execution prior to the award of the procurement contract. We look forward to working with you in carrying out this worthwhile project. If you have any questions, please feel free to call Mr. Ray Casos, Director, Office of Transit Assistance, at 817/334-3836. WSincely, Glen Ford Regional Administrator Obligation Date: MAR 2 1982 Fund Code: DCI Enclosures I CERTIFICATE The undersigned duly qualified and acting (Title of Officer, Name of Officer) of the (Legal Nave of Recipient) certifies that the above named recipient o an UMTA Section 3, Section 5, or Section 16(b)(2) capital assistance grant for the procurement of rolling stock has considered performance, standardization, and life- cycle costs, in addition to the consideration of initial capital costs, before having awarded a procurement contract for the purchase of any rolling stock, including buses. If the grantee has an official seal , impress here. Signature of Authorized Officer Title of Authorized Officer Date APPROVED PROJECT BUDGET (CAPITAL) Project No. : TX-05-0071 A R R 2 19; 2 Grantee: City of Fort Worth The project budget and corresponding cost estimates are as follows: Project Budget Line Item Code Description Amount 10.01 .65 Two 40-foot advanced design buses 4326,000 10.02.01 Two support vehicles 35,000 1 ) van 2) auto 10.03.01 Three service vehicles 75,000 1 ) pick-up 2) tractor 3) ,forklift 10.02.02 Office equipment (marketing - photo) 19,500 10.02.04 Fare collection counter 35,000 10.03.02 One printing press and related equipment 60,000 10.03.02 Shop equipment 30,000 10.11 .20 Construct bus washer housing 30,000 10.11 .20 Construct expansion to parts storage area 50,000 10.02.07 Management information system 30,000 1 ) CRT 2) High speed reader 10.11 .30 Real estate acquisition (nine city lots) 184,500 10.15.02 Force Account 25,000 10.08.01 Engineering and design 2,000 10.16.00 Cost allocation plan 24,400 32.00.00 Contingency 80,000 APPROVED FINANCING ESTIMATED GROSS PROJECT COST $ 1 ,006,400 Revenue Financing $ -0- ESTIMATED NET PROJECT COST $ 1 ,006,400 Program Code Year Fund Code Description Amount 21.10.00 Basic $ 21.10.00 Basic S 21.10.00 Basic $ 21.30.00 Supplemental $ 21.50.00 Fixed Guideway Capital $- 21.20.00 81 DC1 Bus Capital $ 805,120 Total Federal Grant (80X) $ 805,120 Local Share (20X) $ 201 ,280. Maximum Federal funds to be expended under this grant $ 805,120 Revised 11/81 i APPROVED PROJECT BUDGET (CAPITAL) Project No. : TX-05-0071 APR 2 1982 Grantee: City of Fort Worth The project budget and corresponding cost estimates are as follows: Project Budget Line Item Code Description Amount 10.01 .65 Two 40-foot advanced design buses $326,000 10.02.01 Two support vehicles 35,000 1 ) van 2) auto 10.03.01 Three service vehicles 75,000 1 ) pick-up 2) tractor 3) .forklift 10.02.02 Office equipment (marketing - photo) 19,500 10.02.04 Fare collection counter 35,000 10.03.02 One printing press and related equipment 60,000 10.03.02 Shop equipment 30,000 10.11 .20 Construct bus washer housing 30,000 10.11 .20 Construct expansion to parts storage area 50,000 10.02.07 Management information system 30,000 1 ) CRT 2) High speed reader 10.11 .30 Real estate acquisition (nine city lots) 184,500 10.15.02 Force Account 25,000 10.08.01 Engineering and design 2,000 10.16.00 Cost allocation plan 24,400 32.00.00 Contingency 80,000 APPROVED FIN,4NCING • ESTIMATED GROSS PROJECT COST S 1 ,006,400 Revenue Financing $ -.0- ESTIMATED NET PROJECT COST $ 1 ,006,400 Program Code Year Fund Code Description Amount 21.10.00 Basic $ 21.10.00 Basic $ 21.10.00 Basic $ 21.30.00 Supplemental $ 21.50.00 Fixed Guideway Capital $- 21.20.00 81 DC1 Bus Capital $ 805,120 Total Federal Grant (80%) $ 805,120 Local Share (20X) S 201 ,280. " Maximum Federal funds to be expended under this grant S 805,120 Revised 11/81 INSTRUCTIONS FOR EXECUTING AGREEMENTS Attached are four (4) copies of a Grant Agreement which have been signed on behalf of the Urban Mass Transportation Administration. The person officially authorized by the Grantee to accept the Government's award of financial assistance should execute the Grant Agreements. This execution .5hould be witnessed. The attorney's certification should specify the date the Grantee authorized the execution of the Government's award. That will be the date of the resolution, ordinance, board minutes, delegation order or other "official action," not the date of execution of the Grant Agreement (unless the execution took place on the some day it was authorized). Please return two complete copies of the executed Grant Agreements to: Regional Administrator Urban Mass Transportation Administration Suite 9A32, 819 Taylor Street Fort Worth, Texas 76102 Please also send with the Grant Agreements two certified copies of the document which authorizes execution of the award. If the execution was authorized by statute and further delegated, please be sure to cite the statute and send a copy of the delegation of authority to execute to the above address. In the event the Grant Agreements cannot be returned within the ninety (90) day period, please notify the Regional Director immediately in writing setting forth the reason for delay and requesting an extension. 3 R City of Fort Worth, Texas .mayor and Council Communication DATE REFERENCE SUBJECT: 1980-81 Capital Assistance Grant PAGE NUMBER for CITRAN; UMTA Section 5 Grant 9/30/80 **TE-361 i or �-- On June 3, 1980 (M&C TE-327) , the City Council approved the 1980-81 Transporta- tion Improvement Program (TIP) - Transit Element. Included in the 1980-81 TIP were various projects for improving and enhancing the CITRAN system. The following projects with associated funding amounts are proposed for inclusion within a Section 5 Capital Assistance Grant for CITRAN at this time: TIP Project A-20, Data Collection $ 50,000 TIP Project A-22, Service Center Improvements $ 300,000 TIP Project A-23, Vehicles for CITRAN $ 391,000 TIP Project A-28, Operational Support Facilities $ 40,000 TIP Project A-34, Office Equipment/Furniture $ 50,000 TIP Project A-37, Shop and Support Equipment $ 84,000 Contingency, Force Account Work, Salaries, etc. $ 91,400 Total Grant Amount $1,006,400 Funding for the 1980-81 Capital Assistance Grant for CITRAN will be derived from Federal, State, and local sources, as follows: UMTA (80%) - Section 5 $ 805,120 SDHPT (13`/0) $ 130,832 Local (7%) $ 70,448 Total $1 ,006,400 The local funding will be derived from the City' s Public Transportation Bond Fund, Account No. 22-041901-00, in the amount of $46,648, and the CITRAN Vehicle Depreciation Account No. 311-000044 in the Capital Reserve Fund, in the amount of $23,800. 7° The Fort Worth Public Transportation Advisory Committee reviewed the 1980-81 Capital Assistance Grant for CITRAN at its regular meeting on Thursday, August 14, 1980, and recommends City Council approval. Public hearings were held September 18, 1980, on the proposed grant. Recommendations: It is recommended that the Fort Worth City Council: 1. Adopt the attached resolution, pursuant to the Urban Mass Transportation Administration' s Capital Assistance Grant Guidelines; and O� s DATE REFERENCE SUBJECT: 1980-81 Capital Assistance Grant PAGE NUMBER for CITRAN; UMTA Section 5 Grant 9/30/80 **TE-361 2 ofes 20 Authorize the City Manager to submit grant applications to the Urban Mass Transportation Administration and the State Department of Highways and Public Transportation for funding consideration in the total amount of $1,006,4000 VSoip Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: (Jar L. Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Achard Le Peterson ext., 8080 DATE