HomeMy Public PortalAboutORD16311BILL NO. 2022-097
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO.POR I l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AUTOMOTIVE
TECHNOLOGY IN THE AMOUNT OF $69,950 FOR THE DEMOLITION OF THE OLD
BUS LIFT AND INSTALLATION OF A NEW BUS LIFT.
WHEREAS, Automotive Technology is the Sole Source Procurement.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS. -
Section 1 . Automotive Technology is the Sole Source Procurement. The
Rotary bus lift was purchased off of a State contract. Automotive Technology is the
sole service provider authorized for Rotary Lifts in the Jefferson City area.
Section 2. The Mayor and City Clerk are hereby authorized and directed
to execute an agreement with Automotive Technology.
Section 3. The agreement shall be substantially the same in form and content
as the agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: V'&b. 0, pW�3
Presiding Officer
ATTEST:
City C.erk
Approved: `; ti` -7, —)-D -
Mayor Carrie Tergin
APPROVED AS TO FORM. -
City A r y
CITY OF JEFFERSON
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Automotive Technology, Inc. hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies for the following City improvements: removal
of previous bus lift, site preparation and installation of a new bus lift.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the site
preparation and installation of a transit bus lift, as set forth in Exhibit A. In the event of a conflict between
this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.
2. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment
schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of
Jefferson's Public Works Department and in accordance with the rates and/or amounts stated in the bid of
Contractor dated December 22, 2022, which are by reference made a part hereof. No partial payment to
Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total
amount of this contract shall not exceed an estimated amount of Sixty -Nine Thousand Nine Hundred Fifty
Dollars and Zero Cents ($69,950.00)
3. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies
necessary to perform, and to perform said work at Contractor's own expense in accordance with the contract
documents and any applicable City ordinances and state and federal laws from the date of the last signature
and shall be completed within six (6) months.
4. Prevailing Wages.
If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. To the extent that
the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less
than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by
Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate
of wages from the contents of Annual Wage Order No. 26 Section 026 in which the rate of wages is set
forth. Contractor further agrees that Contractor will keep an accurate record showing the names and
occupations of all workers employed in connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the workers in connection with the work to be
performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent
each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred
Dollars ($100.00) for each worker employed, for each calendar day or portion thereof that the worker is
paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor
under the Contractor.
5. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in work under
this contract.
B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims
arising out of a single occurrence and $500,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in
an amount not less than $3,000,000 for all claims arising out of a single accident or
occurrence and $500,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising
out of a single accident or occurrence and $500,000 for any one person in a single accident
or occurrence.
D. Owner's Protective Liability, Insurance. The Contractor shall also obtain at its own expense
and deliver to the City an Owner's Protective Liability Insurance Policy naming the City
and the City as the insured, in an amount not less than $3,000,000 for all claims arising out
of a single accident or occurrence and $500,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by reason of blasting, explosion or
collapse. Such policy shall not be required if the City of Jefferson is endorsed as an
additional insured under the policies described in Sub -paragraphs B and C above and such
are not subject to cancellation or modification without thirty (30) days' notice to the City.
E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the
Subcontractor to procure and maintain all insurance required in Sub -paragraphs A, B, and
C hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub -paragraphs B
and C hereof shall provide adequate protection for Contractor and its subcontracts,
respectively, against damage claims which may arise from operations under this contract,
whether such operations be by the insured or by anyone directly or indirectly employed by
it, and also against any special hazards which may be encountered in the performance of
this contract.
NOTE: Paragraph F is construed to require the procurement of Contractor's protective insurance
(or contingent public liability and contingent property damage policies) by a general contractor
whose subcontractor has employees working on the project, unless the general public liability and
property damage policy (or rider attached thereto) of the general contractor provides adequate
protection against claims arising from operations by anyone directly or indirectly employed by
Contractor.
6. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts
and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted
in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding
termination of any subcontract as the City may exercise over Contractor under any provisions of this
contract. Nothing contained in this contract shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
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7. Liquidated Damages.
The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract
for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such
diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to
complete the work by such time, as long as the City does not terminate the right of Contractor to proceed.
It is further provided that Contractor shall not be charged with liquidated damages because of delays in the
completion of the work due to unforeseeable causes beyond Contractor's control and without fault or
negligence on Contractor's part or the part of its agents.
8. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver
should be appointed for Contractor or for any of its property, or if Contractor should persistently or
repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor
should refuse or fail to make prompt payment to any person supplying labor or materials for the work under
the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions
of the contract.
9. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and
prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable
to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case
the City may take possession of, and utilize in completing the work, such materials, appliances and
structures as may be on the work site and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of
the contract, city ordinances, and state and federal laws.
10. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City,
its elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
11. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction
of the work to be completed pursuant to this contract.
12. Supplies.
Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of
goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended.
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after
the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment
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of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers
compensation insurance and all other insurance called for under this contract, and the payment of the
prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the
City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute
discretion. The amount of the bond shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached
specifications and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract d. Notice to Bidders
b. Addenda e. Signed Copy of Bid
c. Information for Bidders f. Drawing and/or Sketches
This contract and the other documents enumerated in this paragraph, form the contract between the parties.
These documents are as fully a part of the contract as if attached hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document, including those documents described in the section entitled "Contract
Documents", represent the full and complete understanding of the parties. This contract includes only those
goods and services specifically set out. This contract supersedes all prior contracts and understandings
between the Contractor and the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that either party shall seek to
enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to
receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
21. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms, covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
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deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the
express consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed,
color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any
employee of Contractor or applicant for employment, and shall include a similar provision in all
subcontracts let or awarded hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
C. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice
to Proceed.
25. Construction Safety Program Requirements.
a. Contractor shall require all on -site employees to complete the ten-hour safety training
program required pursuant to Section 292.675 RSMo, if they have not previously
completed the program and have documentation of having done so. All employees working
on the project are required to complete the program within sixty (60) days of beginning
work on the Project.
b. Any employee found on the worksite subject to this section without documentation of the
successful completion of the course required under subsection (a) shall be afforded twenty
(20) days to produce such documentation before being subject to removal from the project.
C. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two
Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($100.00) for each
employee employed by Contractor or subcontractor, for each calendar day, or portion
thereof, such employee is employed without the required training. The penalty shall not
begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall
withhold and retain from the amount due Contractor under this Contract, all sums and
amounts due and owing City as a result of any violation of this section.
26. Federal Funds
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B
shall be fully considered in preparing responses and performing work under any resulting award.
27. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to she City:
City of Jefferson
Department of Law
320 But McCarty Street
Jefferson City, Missouri, 65101
CITY OF JEFFERSON, MISSOURI
Mayor
Date:
+, r
APPROVED AS TO FORM:
y
Ciltr
If to the Contractor:
Automotive Technology, Inc.
Doug Slattery
544 Mae Court
Fenton, MO 63026
AUTOMOTIVE TECHNOLOGY, INC.
Title:
Date:
EXHIBIT
Automotive Technolow, Inc.
544 N1ae Court, Fenton. MO 63026 f, ~
636-343-8101 • Fax: 636-343-3597 • Toll Free: 1-800-875-8101
w«,%v.atitoniotivetecllnolo�,y.com �.
AutomwiveTe6nology Inc.
E-mail: dougtTautonlotivetecllnology.com
City ol'Jefferson City
820 I . Miller St.
Jefi'erson City, MO 65101
Mod 35 in -around liti
12/27/22
Mod 35
Labor & Nlaterials: S69,950
Remove existing lilt from pit inCludlno all chain. cylinders and black pipin!,
Pump oil front trench and tanks ( I -above ground. I -below qround into 55 �.1ailon drums. leave for
customer to dispose of. RC1110Ve chase pipe cover plates. steel piping, and superstructures.
5awcut floor 10' wide x 32'-4" Long and from Iront ol'lift to NiCP location at front wall.
Jack hammer out concrete. rct-nove with backhoe and dump offsite
ftcavate to appropriate elevation per pit drawings and expose existing pit walls as you go
Jack out existing walls. remove spoils with backhoe. dump Spoils of*lslte
Remove existing, lixcd position cylinder and moveable cylinder
Soils em,ineer to inspect exposed pit to ensure verify soils are its expected per report
Install specified geotextile (per soils engineer) betiseen pea gravel and concrete
Backiill existing pit iength that is From 6'6 BI:F to 8°f3I=F \vith 3 " minus rock and compact widd
drone compactor
["it is now reads' for normal Nlod 35 installation
Nlake linal air connections to N1C1' trom existing airline on wall.
Electrician to bring power to the NICP (By others)-208v. 3ph-r-
Add Oil. bleed. run and test lift. Train customer on operation.
NUI. ilICJtided:
Permit
Stamped drawings
Electrical connections. by others (power to Master Control Panel -MCP)
Structural/Soil condition issues that regtirt'C remediation (Water, cave-in. undenuining of existing
Iloor... )
Underground utilities e:ncauntered. rccluiring repair
Additional concrete required Outside the I0'w X 32'4" 1 cutout.
Weekends, Holidays or required OT
Non -.DTI labor
Automotive Technology, Inc.
544 Mae Court. Fenton. MO 63026
636-343-8101 • Fax: 636-343-5597 - Tull Free: 1-800-875-8101
www,auromotivetechnoIo-y-corn
Automotive Technology Inc.
E-mail:clougTr?atitomotivetechttology.coln
28 December 2022
I,o: Britt Smith
Jefferson Cite Public Works
Cc: slw%n Stumpc
Subject: vlod35 installation pricing explanation
Enclosure: Updated N1od35 Installation quote
Britt
When we started working on this project, we gave you a budget installation price of $50,000 for the lift install.
This number was based on our last installation done in 2020. With the damage to Your existing IiR (concrete
bowing in severely) we recommended a soils analysis to determine what Was causing the lift damage to ensure it
would 1101 affect the new lift installation. We said PVC would provide an actual installation quote once we knew the
results of the soils analysis. The soils analysis is now complete.
A lot has happened since 2020 and our Iasi Ylod35 installation. prices/costs have increased on everything.
Specifically:
Materials (concrete, rebar, rock, PVC. plywood...) have Increased 150-250%.
Labor. rental equipment. excavation. fLiel - have increased over 25%
As a result of these increased costs. the 2022 installation price is $68.950. The soils analysis requires the use of a
non -woven "CUICNOIC 10 SCparate the pea gravel from the existing sail/clay. We will also need a visual inspection
of the excavation by a sails end-incer to ensure the soils are as expected and will bear the lift weight. The adder 1'01-
both ofthese is S 1.000. The total Nlod35 installation quote is S69,950 ($1.305 ICSS than our previous email -was
able to find the non -\%oven fabric locally and [or a lot less).
We Itope this helps explain the difference between our original budget number and the actual numherS. Please let
its know of any more questions.
Sincerely
DouL, Slattery
['resident
EXHIBIT B — FEDERAL LANGUAGE
No Government Obligation to Third Parties —
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the
US Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the US Government, the US Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the City, the contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in
part with FTA assistance. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts —
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil
Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the
underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification,
the US Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act (1986) on the contractor to the extent the US Government deems appropriate.
(2) If the contractor makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submittal, or certification to the US Government under a contract connected with a
project that is financed in whole or in part with FTA assistance under the authority of 49 USC
5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC
5307(n)(1) on the contractor, to the extent the US Government deems appropriate.
(3) The contractor shall include the above two clauses in each subcontract financed in whole or
in part with FTA assistance. The clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Access to Records and Reports — The following access to records requirements apply to this
contract:
1. Where the City is not a State but a local government and is an FTA recipient or a subgrantee
of FTA recipient in accordance with 49 CFR 18.36(i), the contractor shall provide the City, the
FTA, the US Comptroller General or their authorized representatives access to any books,
documents, papers and contractor records which are pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions. The contractor shall also, pursuant to
49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access
to the contractor's records and construction sites pertaining to a capital project, defined at 49
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USC 5302(a)l, which is receiving FTA assistance through the programs described at 49 USC
5307, 5309 or 5311.
2. Where a City which is an FTA recipient or a subgrantee of FTA recipient in accordance with
49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC
5302(a)(1)) through other than competitive bidding, the contractor shall make available records
related to the contract to the City, the Secretary of USDOT and the US Comptroller General or
any authorized officer or employee of any of them for the purposes of conducting an audit and
inspection.
3. The contractor shall permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
4. The contractor shall maintain all books, records, accounts and reports required under this
contract for a period of not less than three (3) years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case contractor agrees to maintain same until the City,
FTA Administrator, US Comptroller General, or any of their authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR
18.39(i)(11).
Federal Changes — The contractor shall comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between the City and FTA, as they may be amended or promulgated from
time to time during the term of the contract. The contractor's failure to comply shall constitute a
material breach of the contract.
Civil Rights Requirement
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal
transit law at 49 U.S.C. § 5332, the contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability. In addition, the contractor agrees to comply with applicable federal implementing
regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332;
the contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 CFR Parts 60 et SeMc ., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable federal statutes, executive orders, regulations, and federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. 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. In addition, the
contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and federal transit law at 49 U.S.C. § 5332, the
contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
contractor agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed in
whole or in part with federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
Termination —
Termination for Default If the contractor refuses or fails to prosecute the work or any separable
part, with the diligence that will insure its completion within the time specified, or any extension,
or fails to complete the work within this time, or if the contractor fails to comply with any other
provisions of this contract, the City may terminate this contract for default. The City shall
terminate by delivering to contractor a notice of termination specifying the nature of default. In
this event, the City may take over the work and compete it by contract or otherwise, and may
take possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The contractor and its sureties shall be liable for any damage to the City
resulting from the contractor's refusal or failure to complete the work within specified time,
whether or not the contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the City in completing the work.
The contractor's right to proceed shall not be terminated nor shall the contractor be charged with
damages under this clause if:
1. Delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the contractor. Examples of such causes include: acts of
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God, acts of the City, acts of another contractor in the performance of a contract with the
City, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the City in writing
of the causes of delay. If in the City's judgment, delay is excusable, the time for
completing the work shall be extended. The City's judgment shall be final and conclusive
on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the contractor's right to proceed, it is determined that the contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be the
same as if termination had been issued for the City's convenience.
Disadvantaged Business Enterprise (DBE) —
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The City's overall goal for DBE participation is listed elsewhere. If a separate
contract goal for DBE participation has been established for this procurement, it is listed
elsewhere.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the municipal corporation deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
c. Since no separate contract goal has been established, the contractor will be required to report
its DBE participation obtained through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City. In addition, the contractor may not hold retainage from its
subcontractors or must return any retainage payments to those subcontractors within 30 days
after the subcontractor's work related to this contract is satisfactorily completed or must return
any retainage payments to those subcontractors within 30 days after incremental acceptance of
the subcontractor's work by the City and contractor's receipt of the partial retainage payment
related to the subcontractor's work.
e. The contractor must promptly notify the City whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith
efforts to engage another DBE subcontractor to perform at least the same amount of work. The
contractor may not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of the City.
Incorporation. of Federal Transit Administration (FTA) Terms — All USDOT-required
contractual provisions, as stated in FTA Circular 4220.1 F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this contract. The contractor
shall not perform any act, fail to perform any act, or refuse to comply with any request that
would cause the City to be in violation of FTA terms and conditions.
Government -wide Debarment and Suspension (Nonprocurement) — The City agrees to
comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by
U.S. DOT regulations at 2 C.F.R. part 1200, which includes the following: (a) It will not enter
into any arrangement to participate in the development or implementation of contracts with any
contractor that is debarred or suspended except as authorized by: 1 U.S. DOT regulations,
"Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to
Agencies on Government -wide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part
180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA "System
for Award Management," https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R.
part 1200.
The contractor also will comply with federal debarment and suspension requirements when
hiring subcontractors, and will review the "System for Award Management" at
https://www.sam.gov, if necessary, to comply with U.S. DOT regulations, 2 C.F.R. part 1200,
and (2).
Lobbying — Applicability - Construction/Architectural and Engineering/Acquisition of Rolling
StocklProfessional Service Contract/Operational Service Contract/Turnkey contracts over
S100,000
Lobbying — Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors
who apply or bid for an award of $100,000 or more shall file the certification required by 49
CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not
and has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made
lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant
or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
City.
Davis -Bacon and Copeland Anti -Kickback Acts
(1) Minimum wages—
(i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), 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 regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked
therein: Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -
Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That 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.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met: (1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and (2) The classification is utilized in
the area by the construction industry; and (3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage
determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
8
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(2) Withholding - The City shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor
under this contract or any other federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project), all
or part of the wages required by the contract, the grantee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records —
(i) Payrolls and basic records relating thereto shall be maintained by the contractor 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 (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section I (b)(2)(B) 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
CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
0
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
commitment to provide such benefits is enforceable, 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. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5.
This information may be submitted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
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representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency
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.
Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees —
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered 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
on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the Wage and Hour
Division of the U.S. Department of Labor determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
11
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization 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 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations
of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
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(10) Certification of Eligibility —
(i) By entering into this contract, contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii)
The penalty for making false statements is prescribed in 18 USC 1001.
Energy Conservation — The contractor shall comply with mandatory standards and policies
relating to energy efficiency, stated in the state energy conservation plan issued in compliance
with the Energy Policy & Conservation Act.
Recycled Products — The contractor agrees to comply with all the requirements of Section 6002
of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
Access Requirements for Persons with Disabilities — The contractor shall comply with 49
USC 5301(d), stating federal policy that the elderly and persons with disabilities have the same
rights as other persons to use mass transportation services and facilities and that special efforts
shall be made in planning and designing those services and facilities to implement that policy.
The contractor shall also comply with all applicable requirements of Sec. 504 of the
Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis
of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC
12101 et seq., which requires that accessible facilities and services be made available to persons
with disabilities, including any subsequent amendments thereto.
Prompt Payment — The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the prime contract receives from the City. The prime contractor agrees further to return
retainage payments to each subcontractor within 30 days after the subcontractors work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the City. This clause applies
to both DBE and non -DBE subcontracts.
Compliance With Federal Regulations — All USDOT-required contractual provisions, as set
forth in FTA Circular 4220.1 F, are incorporated by reference. Anything to the contrary herein
notwithstanding, FTA mandated terms shall control in the event of a conflict with other
provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any grantee request that would cause the recipient to be in violation
of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations,
policies, procedures and directives, including, without limitation, those listed directly or
13
incorporated by reference in the Master Agreement between the recipient and FTA, as may be
amended or promulgated from time to time during the term of this contract. Contractor's failure
to so comply shall constitute a material breach of this contract.