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HomeMy WebLinkAboutResolution - 1428 - Grant Application - UTMA - Section 9A Capital Assistance - 07_14_1983RESOLUTION 1428 - 7/14/83 rJWF:mj RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANS - UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ,ACT OF 1964, AS AMENDED. !WHEREAS, the Secretary of Transportation is authorized to make grants for mass t'rahsportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provisions by it of the local share of project costs; WHEREAS, it is required by U.S. Department of Transportation in accord with the provisions of Title IV of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1,964, as amended, the applicant give an assurance that it will comply with Title IV of the Civil Rights Act of 1964 and the U.S. Department of Transportation require- ments thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that procedures shall be established and administered to ensure that minority businesses shall have ihi maximum feasible opportunity to compete for contracts when procuring construct- ion contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE: ;BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the MAYOR is authorized to execute and file an application on be- half of the City of Lubbock, Texas with the U.S. Department of Transportation, to ai.d in the financing of capital assistance projects pursuant to Section 9A of the Urban Mass Transportation Act of 1964, as amended. [SECTION 2. THAT the MAYOR is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title IV of the Civil Rights Act of 1964. .SECTION 3. THAT the CITY TRANSIT COORDINATOR is authorized to furnish such addi- tional information as the U.S. Department of Transportation may require in connec- tion with the application for the project. SECTION 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. SECTION 5. THAT the MAYOR is authorized to execute grant agreements on behalf of the City of Lubbock, Texas with the U.S. Department of Transportation for aid in tihe financing of the capital assistance projects. SECTION 6. THAT the CITY OF LUBBOCK does hereby agree to provide matching funds for such Capital Assistance which shall be in an amount not to exceed Thirty -Nine Thou- sand and Fourteen Dollars ($39,014). Such matching funds shall be in cash or in - kind services. Passed by the City Council this 14th day of July , 1983. E. JA BROWN, MAYOR PRO TER — ATTEST: lam; Evelyn Gaffga, City Secrdt�-Treasurer APPROVED AS TO CONTENT: John L. Wilson, Transit Coordinator APPROVED AS TO FORM: 4, IAA �" J. q Fullingim, As istant Cit Attorney RESOLUTION 1428 - 7/14/83 JWF:mj RESOLUTION RESOLUTION AUTHORIZINGJHE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED.STATES:DF AMERICA,_FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED;-1. _. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects;'. - WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provisions by it of the local share of project costs; WHEREAS, it is required by U.S. Department of Transportation in accord with the provisions of Title IV -of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended; the applicant.give an assurance that it will comply with Title IV of the Civil Rights Act of 1964 and the U.S. Department of Transportation require- ments thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that procedures shall be established and administered to ensure that minority businesses shall have - the maximum feasible opportunity to compete for contracts when procuring construct- ion contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE: BE IT RESOLVED BY THE CITYCOUNCILOF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the MAYOR is authorized to execute and file an application on be- half of the City of Lubbock, Texas with the U.S. Department of Transportation, to aid in the financing of capital assistance projects pursuant to Section 9A of the Urban Mass Transportation.Act of 1964, as amended. SECTION 2. THAT the MAYOR is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation) effectuating the purposes of Title IV of the Civil Rights Act of 1964. II SECTION 3. THAT the CITY TRANSIT COORDINATOR is authorized to furnish such addi- tional information as the U.S. Department of Transportation may require in connec- tion with the application for the project. SECTION 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. SECTION 5. THAT the MAYOR is authorized to execute grant agreements on behalf of the City of Lubbock, Texas with the U.S. Department of Transportation for aid in the financing of the capital assistance projects. i SECTION 6. THAT the CITY OF LUBBOCK does hereby agree to provide matching funds for • such Capital Assistance which shall be in an amount not to exceed Thirty -Nine Thou- sand and Fourteen Dollars ($39,014). Such matching funds shall be in cash or in - kind services. Passed by the City Council this 14th day of July 1983. E. JACK BROWN, MAYOR — ATTEST: -. Evelyn Gaffga, City Secretaet-Treasurer APPROVED AS TO CONTENT: John L. Wilson, Transit Coordinator APPROVED AS TO FORM: - 1, 1 " � -a, �* �' J. q Fullingim, As istant Lit• Attorney RESOLUTION 1428 7Rt - d83 ,,,v o-�.RETARY-f(��R APPLICATION FOR CAPITAL ASSISTANCE UNDER SECTION 9A PROVISIONS OF THE NATIONAL MASS TRANSPORTATION ACT OF 1964, AS AMENDED In Behalf of THE CITY OF LUBBOCK, TEXAS For the Year Beginning October 1, 1983 Prepared by The City of Lubbock - Transit Department TABLE OF CONTENTS Transmittal Letter SF 424 Program of Projects Program Budget Supplemental Exhibits Authorizing Resolution Certificate of Resolution Opinion.of Counsel Section 9A Certification Standard Assurances for UMTA Grants CITY OF t-UBBOCK 762.6411 P. O, Box 2000 LUBBOCK, TEXAS 79457 July 14, 1983 Mr. Wilbur Hare UMTA Regional Office 819 Taylor Street, Suite 9A32 Fort Worth, Texas 76102 RE: Application for Section 9A Capital Assistance Grant Dear Mr. Hare: Please find attached the City of Lubbock's application for Section 9A financial assistance for Capital Improvements pursuant to the Urban Mass Transportation Act of 1964, as amended. Our legal counsel has reviewed the agency's statutory authority, and we hereby certify that there is no pending legislation or litigation which might affect the prosecution of the capital acquisition/improvements applied for within. Information in support of this application has been propared as per instructions in Circular UMTA C-9020.1 If you have any questions, please contact John L. Wilson at extension 2380. Sincerely, E. Jack Brown, Mayor EJB:sc Attachments OMD Aooraval No. 2"0112 FEDERAL ASSISTANCE L A►PLI• o. NUKttR t. STATE •, nuulER CANrS APPLI• APrLIcA• TION IDENTI• L TYPE ❑ rruaruCA1 m 1. DATE k• DATE Year m"th dar A-'nOH EkATP MATIt1N CATION • = Ar AAA 4r 17 fICR ASSiCRID l9 Were, .Q HOTIFI:A110N Or IHTEPT (Om j ya.a• m1 0 REPORT OF ►EOE,'111C Arnow hank d. LECAL APPLICANT/RECIPIENT S. FEDERAL EMPLOYER IDENTIFICATION NO. a. AwksM R..e_ t City of Lubbock 75-6000-590 W b. Drtaalfalka {felt I ..Transit Department - a tirsew.D. Itei I P.O. Box 2000 PRO- .. KURIKR • 1 ►. Tint t. a0• I Lubbock a. Cony t Lubbock GRAM 1. tub I Texas t. ZIP tads: 79457 Fea►rnaJ Section 9A L t.wtad Ferri (Naass •,g,L�Rn C..C.6r) Capital Assistance �r A Stifle+* ha.) t• Jobn L.. Wilson - 8 7. TITLE AND DESCRIPTION OF APPUc:ANrf PROJECT D. TYPE OF APPLICANT/RECIPIENT Capital -Assistance for: acquisition of 3 hand!cajpe(t-foltntale A-211to K_u—."ly mi.. Alen I- RIAaer Edtrcali.nal lnswetlew"01stale vans, 100 benches and signs, 36 shelters, 18 A/C J-mean TNbe District R-0lher (SP,rtfr)I . version unit kits, land and building, construction ol D-.vntS I_i' 2 bus pull-outs, improvements to'parking lot and see tDistrict 1:rSlscl.1 rereoss ] vice area, and a phone system. District Lester aJ7r•P i t. tell- CEJ UUU 9, TYPE Of ASSIKANCE A-9,.ir Clint D-Insvrsnn . S-SnpieneMat Cranl E-otter LAtrr dDPre- C-Lean Pricb 4tbfb) ®, IL AREA Of PROJECT IMPACT INsnrts of ertbs. —.ties. 11. ESTIT.IATED HUM- 1L TYPE OF APPLICATION A,,..eta.) 9ER OF PERSONS AK- FRstidcn E-AarnanttTlaR b LtlifITIN� Lubbock Urbanized Area 17$;4g0 FMne.raT D-Cenlinvdlw r..I.. •Pr-+P.r.t• l.te.. IL PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS Oh IL TYPE Of CHANCE (far J2s .r it.) A-l—esss DoIGn F-olta (EPrdlr) I t-C.v,.11 Celi.n a. rEDERAL t A145, .JO e. AP►LICAIR b. PROJECT 19 .. 19 Glncc,.e Dsratica rrDwsw DmltieA b. ePrIIUM a .00 .—I—on a. STATE 72,455 .00 15.' PROJECT CTAFIT 17. PROJECT DATE YdPr wssn;A dn{r' pUtµT.ION Lester arPrs. � d. to= .00 19 12 Af.wfh. Prior. Ictt.r/.) a. C=2 •oq 15. ESTIMATED DATE TO Yo r ax day It. EXISTING FEDERAL IDEUTIFICATION NUMBER 7tk BE FEDERAL SU11MITTCD TO AGENCY >a It 5 f. Tar,. t 557 s 3 .00 2iA FEDERAL AGEfaCY TO REI:_IVL REQUEST Wo .a. City. Slab. LIP sad#) tl. REMARKS ADDED DOT/UMTA Region VI Fort Worth Texas 6102 Ye. No ZL a. To lib t.•st at PT Inesesdis and bend, b. It e.gdraf by CLi9 Ciroetsr A 93 this eytiestlsa w.t a.►ma1y, tvnnnt 1. In- No t•e. R..P...M gets Is all areteatle:aeo/arelltdbo are 111rtuant IAertia. O •S9nNlals Clairlr.;havtes and All ftIghtta are ItUtaod: .Pon" atts.A.d THE trove CAI Correct. the dean'eant has Sean APPLICANT dry a3t3wicsd b Rd r•r•nlnt body of ❑ ❑ CERTIFIZZ IAs wntsnt and III ncl:ual will 111-PlY 111• THAT I,- wn the attached uTwwaz M the aislat- (1) ❑ ❑ aw Is gen.wd. ❑- ❑ ti a. WED LAVE AXD TITLE DATE SICKU CERTIFYING t' r r fA day JEPAE-U� i�8 SEuaATTYL E. Jack Brown, Mayor id. AGENCY NAM[ VL P/UCA• I'oar'srw th gear TION RECEIVED 19 IL ORGANIZATIONAL UNIT 17. ADMINISTRATIVE OFFICE IL FCEMr %L ATIONCATION tf. ADDR131 IL f DIRA. 0ARAN TION 1L ACTION TAX1N 7L FUNDING Year tw.•tA day U. fear }NASA der (3 S. AITAno 32. ACTION DATE t^ 19 STARTING OATS It s. FEDERAL t .00 L "PLIU117 .00 It. CONTACT FOR ADDITIONAL INFORMA• TION SL Year month del ❑L 1utm INamf and IrIophens strsibdr) 101HO 0 r itnv U FOR sinsivewasesAtit I• LOUL .00 $7. REMARK! AODtO nuout71f a OTHER .00 _111 E Q L 1LFtRUD 1. TOTAL . L WINCIL N 0 Yet Me U. 1. Is tsuAI atrsvl settee, an aaneleAti received from Nadr11thoner wile eat. fart 1. GYt G "', A-11. L FIDEAAL A01KCT A -IS OFFICIAL PC-$ rld.rod. it sing felp"64 Is del ardor Prrvitllns It • and WorA#Ad Rs.) FLDLRAL AGENCY N IIt I111 /t R Mlu Irlta MI ACTION ar.kr w^nw rwnwt Sae FAYA t {t{Y'Ja) li/-IOT lrossr4ed Ir GSA. r ra Slandommi G/1211 FhF Section 9A PROGRAM OF PROJECTS Urbanized Area: Lubbock Apportionment: $459,000 RECIPIENTS: (1) City of Lubbock Transit Department (CLTD) PROGRAM OF PROJECTS (In Priority Order): Subarea Apportionment $459,000 Project Project Type Designated Description Amount P/C Recipient (1) Purchase 3 fully equipped vans (5-9 passengers) for the handi- capped @ $25,000 each (B.1.) $ 75,000 C (2) Purchase 18 air conditioner (A/C) conversion unit kits @ $4,500 each (B.3.) $ 81,000 C (3) Install 18 A/C conversion unit kits @ $2,000 each (8.10.) $ 36,000 C (4) Purchase 100 bus benches @ $150 each (B.6.) $ 15,000 C (5) Purchase 100 bus information signs @ $100 each (B.7.) $ 10,000 C (6) Purchase 36 bus shelters (16 shelters for Texas Tech University campus to be installed with brick wall, which would be of prevalent campus architectural design) @ $3,750 each (B.5.) $135,000 C (7) Install 36 bus shelters @ $400 each (B.10.) $ 14,400 C (8) Construct 2 bus pull-out areas (on Tech campus) 100' x 14' @ $8,800 each (B.9.) $ 17,600 C (9) Purchase phone information system for after hours calls (B.2.) $ 400 C (10) Purchase land and building at 9th Street and Avenue H (B.4.) $113,000 C (11) Pave parking lot and resurface service areas (4,333 sq.yds @ $6.50 yd.) (B.8.) $ 28,000 C (12) Contingencies 2% (B.11.) $ 10,508 C (13) Project Administration 4% (B.12.) $ 21,436 C SUBTOTAL $557,344 (Fed. Share - $445,875) TOTAL PROGRAMMED $557.344 CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD CLTD Section 9A PROGRAM BUDGET Urbanized Area: Lubbock Designated Recipient: City of Lubbock Transit Department Grantee: City of Lubbock Transit Department Program Number: Line Item Code Bus and Bus Related Facilities Cost 10.01.81 (B.1.) Purchase of 3 vans $ 75,000 10.02.08 (B.2.) Purchase of support equipment communication 400 10.04.00 (B.3.) Equipment improvements - 18 A/C conversion kits 81,000 10.07.00 (B.4.) Purchase of other property (land and building) 113,000 10.09.01 (B.5.) Purchase of 36 bus shelters 135,000 10.09.02 (B.6.) Purchase and install 100 bus benches 15,000 10.09.03 (B.7.) Purchase and install 100 bus information signs 10,00.0 10.12.00 (B.8.) Pave parking lot and resurface service area 28,000 10.13.00 (B.9.) Construct 2 bus pull-out areas 17,600 10.15.01 (B.10.) Force Account work for install- ing equipment 50,400 10.16.00 (B.11.) Project Administration 21,436 32.00.00 (B.12.) Contingencies 10,508 SUBTOTAL BUS $557,344 GROSS PROGRAM COST $557,344 Revenue Financing 0 NET PROGRAM COST $557,344 Federal Share $445,875 State Share $ 72,455 Local Share $ 39,014 SECTION 9A SUPPLEMENTAL EXHIBITS A. LABOR - The project will not adversely affect the employees of the transit system (Transit Management Company of Lubbock). No drivers or maintenance personnel will be added or laid off as a result of this project. Citibus is the only mass transit carrier in Lubbock. Personnel working for the TMCL are employed under the provisions of TMCL. Those employees are independent of any representation. B. PRIVATE ENTERPRISE DESCRIPTION - Citibus is the only mass transit operator public or private in the urbanized area. C. PROTECTION OF THE ENVIRONMENT - The National Environmental Policy Act of 1969 and the Urban Mass Transportation Act of 1964, as amended, require review of every proposed project to determine if it may have a "significant" or "sub- stantial" impact on the environment, either adversely or favorably. Conse- quently, the impact of the proposed Section 9A Capital Assistance may have on the environment has been analyzed. It has been determined that no signi- ficant negative impacts on the environment will result from this project. All projects are recommended as categorical exclusions as per 23CFR, Part 771. This conclusion is substantiated below. Project Description: The City of Lubbock proposes to purchase three handicapped equipped vans (5-9 passengers), 18 air conditioner con- version units kits, 100 bus benches and information signs, 36 bus shelters, a phone information system for after hours, acquire land and building (9th Street and Avenue H), pave existing parking lot, and resurface existing service area. The objective is to replace three inefficient 21-passenger 1976 buses used as primary and backup in the Demand Response Service. The system's fleet of 18 RTS-03 series buses will undergo air condition modification which would reduce maintenance on the A/Cs of those buses. Passenger amenities and information improvements are addressed by the benches, shelters, signs and phone system. The acquisition project would allow for future expansion of maintenance space. The parking lot is presently unpaved and the service area is in need of resurfacing due to usage. The total project cost is $557,344. No community disruption will result from this project as there is no re- location of persons/businesses made necessary due to project activities. There will be no adverse employment effects or property losses resulting from this project. No manmade or natural resources will be destroyed or endangered as a re- sult of this project. No historic or archeological site will be disturbed as a result of this project nor will any recreational or natural areas. - 1 - Desirable community and regional growth will be enhanced, not disrupted, by the continuance of transit services with this new project. If transit services were reduced due to lack of efficient equipment, mobility in developing areas would be limited and access to public facilities and services would be lessened especially for those who have no alternative means of transportation. Air Quality: All vehicles utilized in the provision of public transit ser- vices are maintained on a regular schedule in order to aid in the reduction of air pollution. The Texas Air Control Board personnel, with two monitor- ing sites operating in Lubbock, have stated that pollution due to CO, HC, and NO in the Lubbock area is only slight. The normal atmospheric condi- tions in Lubbock offer both vertical and horizontal mixing to such a degree that air pollution should not become a problem. Noise: All transit authority equipment is maintained on a regular schedule in order to aid in the reduction of air and noise pollution. Water Quality and Flooding: Transit services in Lubbock will have no impact on water quality or flooding conditions in or around Lubbock. The project is located outside 100 year flood plain areas. D. CIVIL RIGHTS - See UMTA letter, dated May 7, 1982, and the City of Lubbock's June, 19 3 Title VI Civil Rights Requirements Update. No relocation of per- sons/businesses due to the acquisition project is anticiapted since the existing building is vacant. The City of Lubbock operates the demand/response service for the area (Title 49 CFR, Part 27 Certification was submitted September, 198.1). - 2 - C E R T I F I C A T E THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA, City Secretary -Treasurer of the City of Lubbock, Texas hereby certify that the attached document is a true and correct copy of RESOL- UTION 1428 which authorized the Mayor to file the Grant Application to which this Certificate is attached. TO CERTIFY WHICH, witness my hand and seat of the City of Lubbock, this 14TH day of July , 1983. 4iVELYN AF GA City -Secretary -Trea rer C �. �_...._..ITY `O�l_UBBOCK 762-6411 P. 0. Box 2000 LUBBOCK, TEXAS 79457 OPINION OF COUNSEL This communication will serve as the requisite opinion of counsel to be filed with the Urban Mass Transportation Administration, United States Department of Transportation, in connection with the application of the City of Lubbock, Texas for financial assistance pursuant to the provisions of Section 9A of the Urban Mass Trans- portation Act of 1964, as amended, (The "Act"), for capital assis- tance project(s). I understand that the City of Lubbock has been duly designated as a recipient in accordance with the provisions of Section 9A of the Act, and that the Urban Mass Transportation Administration has concurred in/acknowledged that designation. The legal authority for the City of Lubbock's ability to carry out cap- i-tal assistance projects directly, by lease, contract, or otherwise is• set forth below; 1. The City of Lubbock is authorized under Article III, Section 5, Constitution of the State of Texas and Art- icle 1165 V.T.C.S. and the Lubbock City Charter to provide and assist public transportation by acquisi- tion, construction and operation of existing or addi- tional transit facilities. This assistance may be provided directly b.y the City of Lubbock or by lease arrangements with other parties. 2. The authority of the City of Lubbock to provide for its share of project funds is set forth in the resol ution authorizing the filing of application. 3. i have reviewed the pertinent Federal, State and local laws, and i am of the opinion that there is no legal Impediment to your making applications for Section 9A assistance. Furthermore, as a result of my examina- tions, I find that there is no pending or threatened litigation or other action which might in any way adversely affect the proposed project(s), of the ability of the City of Lubbock to carry out such project(s). Respectfully Submitted, e Yi orth Fullingim /As istant City Attorney JWF:mj �./ Section 9A Certification FY 1983 Certification is given by the recipient named herein, City of Lubbock, Texas, with respect to its application for assistance pursuant to Section 9A of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. Section 1601 et seq.) ("the Act"), filed with the Urban Mass Transportation Administration (UMTA), as to the following: A. That it has or will have the legal, financial and technical capacity to carry out the proposed program of projects; B. That it has or will have satisfactory continuing control, through operation or lease or otherwise, over the use of the facilities and equipment, and will maintain such facilities and equipment; C. That it will comply with the provisions as prescribed by Section 5(.m) of the Act. D. That it will give the rate required by Section 5(m) of this Act to any person presenting a medicare card duly issued to that person pursuant to Title II or Title XV1.11 of the Social Security Act; E. In carrying out procurements under Section 9A that it will use competitive procurements as defined by UMTA, will not use procurements utilizing exclusionary or discriminatory specifications, and will carry out procurement in compliance with applicable Buy America provisions. F. That it has complied with the following requirements of Section 9(.f) to; a. Make available to the public information concerning the amount of funds available under Section 9A and the program of projects th.at the recipient proposes to undertake with such.funds; b. Develop a proposed program of projects concerning activities to be funded in consultation with interested parties; including private transportation providers; C. Published a proposed program of projects in such a manner to afford affected citizens, private transportation providers, and as appropriate, local elected officials an opportunity to examine its con- tent and to s-ubmit comments on the proposed program of projects and on the performance of the recipient; d. Afforded an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects; e. Considered comments and views, pariticularly those of private transportation providers, and, if deemed appro- priate, modified the proposed program of projects; and f. Made the final program of projects available to the public. G. That it has available and will provide the required amount of funds in accordance with Section 9 (k) (1) of the Act, and will comply with the requirements of Sections 8 and 16 of the Act. H. That it has a locally developed process to solicit and consider public comment prior to raising fares or implementing a major reduction of transit service. The provisions of Section 1001 of Title 18, U.S.C., apply to any certifications or submissions under this section. / czt?7� V-1(1_� Authoriz ng Official E. Jack Brown, Mayor Title of Authorizing Official t Att r ey's Signature (As i tant City Attorney) U) 14- 9383 STANDARD ASSURANCES FOR UMTA GRANT PROJECTS The City of Lubbock, Texas hereby assures and certifies that it will comply with the Federal statutes, regulations, executive orders and admin- instrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration. Acknowledgment is given of the attached list, which may be imcomplete, of such statutes, regulations, executive orders and administrative require- ments as may apply. The provisions of Section 1001 of Titel 18, U.S.C., apply to any as- surance or submission under this section. Authorizi64 Official E. JACK BROWN, MAYOR Title of Authorizing Official LIST OF STATUTES, REGULATIONS, EXECUTIVE ORDERS, AND ADMINISRATIVE REQUIREMENTS APPLICABLE TO SECTION 9A PROGRAM (briefly described and provided for the convenience of the applicant) STATUTES Section 9A of the'Urban Mass Transportation Act of 1964, as amended, as set forth within Section 303(a) of the Surface Transportation Assistance Act of 1982, P.L. 97-424. 18 U.S.C. 1001 which provides criminal sanctions for those who knowingly and willfully provide false information to the Federal Government Section 3(e) of the UMT Act, 49 U.S.C. 1602(e) which requires, among other things, the recipient to provide to the maximum extent feasible for the participation of private mass transportation compani.es Section 3(f) of.the UMT Act, 49 U.S.C. 1602(f) which requires, among Qther things, the recipient to enter into an agreement with UMTA not to provide charter service that will foreclose private operators Section 3(g) of the UMT Act, 49 U.S.C. 1602(g) which -requires, among other things, the recipient to enter into an agreement with UMTA not to provide exclusive school bus operations Section 5(k) of the UMT Act, 49 U.S.C. 1604(k) which requires, among other things,.the provision of the designated recipient's pro rata share of the cost of the project Section 12(c) of the UMT Act, 49 U.S.C. 1608(c) which provides definitions applicable to the use of grant funds 1 Section 13 of the UMT Act, 49 U.S.C. 1609 which requires, among other things, the recipient to comply with applicable labor requirements - Section 19 of the UMT Act, 49 U.S.C. 1615 which, among other things, prohibits discrimination on the basis of race, color, creed, national origin, sex or age Section 8 of the UMT Act, 49 U.S.C. 1607 which provides, among other things, for a continuing, cooperative, and comprehensive planning process Section 16 of the UMT Act, 49 U.S.C. 1612 which provides, among other things, for the planning and design of mass transportation facilities to meet the special needs of the elderly and handicapped Titles II and Title XVIII of the Social Security Act, 42 U.S.C. 401 et seq. and 42 U.S.C. 1395 et seq. as they pertain to the issuance of medicare cards Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d) which, among other things, prohibits discrimination on the basis of race, color or national origin by recipients of Federal financial assistance Title VIf of the Civil Rights Act of 1964, 42 U.S.C. 2000(e) which, among other things,.prohibits discrimination in employment Section 504 of the Rehabilitation -Act of 1973, 29 U.S.C. 794 which, among other things, prohibits discrimination on the basis of handicap by recipients of Federal financial assistance 2 "Hatch Act,", 5 U.S.C. 1501 et seq. which, mmHg other things, imf�oses certain restrictions on political activities of recipients of Federal financial assistance "Buy Pmerica Requirements," Section 165 of the Surface Transportation Assistance Act of 1982, P.L. 97-424 which, mmHg other things, requires that steel, cement and manufactured products procured under UCA funded contracts of a certain size to be of domestic manufacture or origin (with four exceptions) . Davis Bacon Act, as amended, 40 U.S.C. 276a et seq. which requires, among other things, that all mechanics and laborers working on Federally assisted construction projects (in excess of $2,000 contract value) be paid not less often than once a week, at wage rates canputed at an aTmunt not less than the prevailing wages for similarwork in the same geographic area of the project Copeland "Anti -Kickback" Act, 40 U.S.C. 874 which, among other things, prohibits payroll deductions from the wages of employees who are covered by the Davis Bacon Act for any reason except those specificaily stated in the Copeland Act Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-332 which, among other things, establishes the required basis and conditions for hours of work and for overtime pay of laborers and mechanics, and directs the Department of Labor to formulate construction safety and health standards National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. which, among other things, prohibits Federal assistance that will adversely affect the quality of the environment Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq. which, amng other things, establishes the tenm and oonditions fbr compensation to property owners and occupants who are displaced as a result of Federally assisted projects 3 Archeological and Historic Preservation Act of 1966, 16 U.S.C. 469a-1 et seq. %hich, provides protection for historically valuable property National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. which, among other things, provides for the protection of national historic sites Federal Water Pollution Control Act, as anended by the Clean Water Act of 1977 33 U.S.C. 1251 et seq. Mhich, among .other things, sets limits on pollutants discharged in international waterways and requires safeguard against spills from oil storage facilities Clean Air Act of 1955 as amended, 42 U.S.C. 7401 et seq. vkdch, among other things, establishes national standards for vehicle antissiosis Energy Policy. and Conservation Act, 42 U.S.C. 6321 which, other things authorizes .develcanent and implementation of State energy =Lsezvation plans National Flood Insurance Act of 1968, 42 U.S.C. 4011 et seq. vhich, among otherthings, *authorizes a national flood insurance prc5rm Flood Disaster Protections Act of 1913, 42 U.S.C. 4012a et seq. which, aong other things, requires the purchase of flood insurance by recipients of Federal financial assistance who are located in areas having special flood hazards 4 REGULATIONS 49 C.F.R. Part 600 et seq. regulations promulgated by UMTA 49 C.F.R. Parts 21. 23, 25 and 27 regulations promulgated by the Department of Transportation governing Title YI of the Civil Rights Act of 1964, Minority Business Enterprise, Relocation and Land Acquisition, and Nondiscrimination on the Basis of Handicap, respectively 36 C.F.R. Part 800 regulations promulgated by the Advisory Council on Historic Preservation 46 C.F.R. Part 381 regulations promulgated by the Maritime Administration governing cargo preference requirements 31 C.F.R. Part 205 regulations promulgated by the Department of Treasury governing letter of credit 40 C.F.R. Part 15 regulations issue.by the"Environmental Protection Agency pertaining to administration of C1ean.Air and Water Pollution requirements for grantees 29 C.F.R. Parts 5 and 215 regulations promulgated by the Department of Labor pertaining to construction labor and transit employee protections 5 EXECUTIVE ORDERS E.O. 11246 which establishes requirements in construction activities for contracts over $2,000 E.O. 11988 which establishes certain specific requirements related to flood protection and control E.O. 12372 which rescinds OMB Circular A-95 and establishes new requirements currently being implemented ADMINISTRATIVE REQUIREMENTS Office of Management and Budget (OMB) Circular A-87 which provides cost principles applicable to grants and contracts with State and local Governments Office of Management and Budget (OM8) Circular A-102 which provides uniform requirements for assistance to State and Local Governments NOTE: it is possible to include a sub -list of requirements imposed pursuant to this circular 6 RESOLUTJZ AZ8__- 7/14/83 �� THE STATE OF TFXAC 66 �,"� y"7 N COUNTY OF TRAVIS §§�4J�� This contract is made between the State of Texas, acting t d ate Department of Highways and Public Transportation, hereinafter a the State, and the City of Lubbock, hereinafter called the Recipient. In consideration of State financial assistance to undertake and complete a public transportation project identified in Article 3, Project Description, the Recipient agrees to comply with the terms and conditions of this contract. Article 1. Contract Period This contract becomes effective when fully executed by both parties and will be completed within 365 days from the date of final execution of this contract or August 31, 1985, whichever occurs first, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable without modification to this contract is Fifty -Four Thousand One Hundred Twenty -Four dollars ($54,124) as authorized in Commission Minute Order 81331. Article 3. Project Description A. The Urban Mass Transportation Administration approved federal participation in the project on March 30, 1984, identified the project as TX-90-0006, and duly executed a contract with the Recipient. B. The project consists of the following: (1) three 5-9 passenger handicapped equipped vans, (2) 18 air conditioner conversion kits including installation, (3) 100 bus benches, (4) 100 bus information signs, (5) 36 bus shelters including installation, (6) construc- tion of two bus pull-out areas, (7) phone information system for after hours, (8) supporting services, and (10) contingencies. Article 4. Project Fundi The State will provide sixty-five percent of the twenty percent local share requirement of the actual net project cost as determined by the State, provided, however, that the maximum amount payable identified in Article 2, Contract Amount, is not exceeded. The Urban Mass Transportation Administration will provide eighty percent of the project cost and the Recipient will provide the remaining thirty-five percent of the local share. Article 5. Project Payments A. The State's payment to the Recipient is contingent upon the availability of State -appropriated funds. B. The State will make payments to the Recipient within thirty days after receipt of a properly prepared and executed Form 132 and a summary of all authorized costs showing expenditures by budget line items, quantities, price, extension, and totals. The Recipient is authorized to submit requests for reimbursements no more frequently than monthly. C. Payments will be based on actual costs incurred in conformance with Attachment A, Project Budget, and will be made in accordance with cost principles outlined in OMB Circular A-87. D. The Recipient will submit a final billing within 90 days of the close of the Recipient's fiscal year during which the project is completed. E. Any monies made available to the Recipient for the project, other than the project funding identified in Article 4, Project Funding, shall be shown on the request for reimbursement following receipt of such monies and subtracted from the amount requested. All such income shall be applied to the objectives of the project. Page 1 of 2 ' ,-�...__.... �.._���`RiY � — S'. R_ --•_ '----T—.'�'.IoF yS. ,.'1'G. y.A'r.�+c RESOLUTION '1428 - 7/14/83 THE STATE OF TEXAS §§ COUNTY OF TRAYIS §§ 7- _ cECRETARY-TREASI)REk This contract is made between the State of Texas, acting through the State Department of Highways and Public Transportation, hereinafter called the State, and the City of Lubbock, hereinafter called the Recipient. In consideration of State financial assistance to undertake and complete a public transportation project identified in Article 3, Project Description, the Recipient agrees to comply with the terms and conditions of this contract. Article 1. Contract Period This contract becomes effective when fully executed by both parties and will be completed within 365 days from the date of final execution of this contract or August 31, 1985, whichever occurs first, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable without modification to this contract is Fifty -Four Thousand One Hundred Twenty -Four dollars ($54,124) as authorized in Commission Minute Order 81331. Article 3. Project Description A. The Urban Mass Transportation Administration approved federal participation in the project on March 30, 1984, identified the project as TX-90-0006, and duly executed a contract with the Recipient. B. The project consists of the following: (1) three 5-9 passenger handicapped equipped vans, (2) 18 air conditioner conversion kits including installation, (3) 100 bus benches, (4) 100 bus information signs, (5) 36 bus shelters including installation, (6) construc- tion of two bus pull-out areas, (7) phone information system for after hours, (8) supporting services, and (10) contingencies. Article 4. Project Funding The State will provide sixty-five percent of the twenty percent local share requirement of the actual net project cost as determined by the State, provided, however, that the maximum amount payable identified in Article 2, Contract Amount, is not exceeded. The Urban Mass Transportation Administration will provide eighty percent of the project cost and the Recipient will provide the remaining thirty-five percent of the local share. Article 5. Project Payments A. The State's payment to the Recipient is contingent upon the availability of State -appropriated funds. B. The State will make payments to the Recipient within thirty days after receipt of a properly prepared and executed Form 132 and a summary of all authorized costs showing expenditures by budget line items, quantities, price, extension, and totals. The Recipient is authorized to submit requests for reimbursements no more frequently than monthly. C. Payments will be based on actual costs incurred in conformance with Attachment A, Project Budget, and will be made in accordance with cost principles outlined in OMB Circular A-87. D. The Recipient will submit a final billing within 90 days of the close of the Recipient's fiscal year during which the project is completed. E. Any monies made available to the Recipient for the project, other than the project funding identified in Article 4, Project Funding, shall be shown on the request for reimbursement following receipt of such monies and subtracted from the amount requested. All such income shall be applied to the objectives of the project. Page 1 of 2 Article 6. Project Close -Out This project shall be completed upon acceptance by the State of a final audit. Article 7. Contract Amendments Changes in the scope, objectives, character, cost or complexity of the project described in Article 3, Project Description, shall be enacted by written amendment before.additional costs may be incurred or work performed if such additional costs or work is to be eligible for reimbursement. Article B. Additional Contract Provisions The Recipient agrees to comply with the terms and conditions established in Attachment B, Additional Contract Provisions. Article 9. Recipient Acknowledgement The Recipient acknowledges that it is not an agent, servant or employee of the State, and is responsible for its own acts and deed and for those of its agents or employees during the performance of contract work. Article 10. Signatory Warranty The signatory for the Recipient warrants that she/he has full and complete authority to enter into this contract on behalf of the Recipient. The parties to this contract have signed duplicate counterparts to effectuate this contract on the t2;_ day of June , 1984. PARTY OF THE FIRST PART State of Texas Certified as being executed for the purpose and effect of activating and/or carrying out the orders established policies, or work pro- grams hereto approved and author- ized by the State Highway and Public Transportation Commission. APPROVED: By: Engineer -Director Executed and approved for the State Highway and Public Transportation Commission under Authority of Commission Minute Order 78501 Date: RECOMMENDED FOR EXECUTION: District Engineer, District Director Finance PARTY OF THE SECOND PART 1p �/.�I�.!!��..�_ Date: 6/19/84 ATTEST: Evelyn G ffga City Secretary APPROVED AS TO FORM AND LEGALITY: State Transportation Planning Engineer S-tipn 9A, APPROVED PROOMM OF PRWECTS Jrbanize3 Area: Lubbock, Texas Apportionment: $459,000 Recipients: Subarea Apportionment City of Lubbock $459,000 TOTAL $459,000 PROGRAM OF PROJECTS (In priority Order): Program Designated Program Total Type Recipient Description Amount (P/C) (Abbreviated) 1. Purchase of three vans $75,000 C CLTD 2. Purchase/installation of 18 .. air conditioning conversion units $117,000 C CLTD 3. Purchase 100 bus benches $15,000 C CLTD 4. Purchase 100 bus information signs $10,000 C CLTD 5. Purchase/install 36 bus shelters $149,000 c CLTD 6. Construction two pull-outs $17,600 C CLTD 7, Phone information system $400 C CLTD 8. Contingencies $10,508 C CLTD 9. Project administration $21,436 C CLTD Total: $416,340 (Federal amount $333,072 or 80 percent is equal to or less than FY 1983 apportiorrnent) Total Programmed: $333,072 Attachment A ATTACHMENT B ADDITIONAL CONTRACT PROVISIONS 1. RECORDS• A. The Recipient agrees to maintain financial records, supporting documents, statistical records, and all other records pertinent to this contract to the extent and in such detail as is required by the Uniform Grant and Contract Management Standards, Chapter II, Attachment C, which requirements are hereby made a part of this contract.' B. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives, shall have access to the records described in paragraph A above at all reasonable times during the contract period and for the period set forth in paragraph C below for the purpose of making audits, examinations, excerpts, and transcripts. C. Financial records, supporting documents, statistical records, and all other records pertinent to the contract shall be retained for a period of three years, with the following qualifications: 1. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. 2. Records for nonexpendable property acquired in whole or in part with State funds shall be retained for three years after its final disposition. 3. When records are transferred to or maintained by the State spon- soring agency, the three-year retention requirement is not appli- cable to the Recipient. D. The Recipient further agrees to include these provisions in each negotiated subcontract. 2. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS: Recipient financial management systems shall meet or exceed the requirements of the Uniform Grant and Contract Management Standards, Chapter II, Attachment G. Those requirements include, but are not limited to: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income. C. Effective control over and accountability for all funds, property, and other assets. The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract, and relation of financial information to performance or productivity data, including the production of unit cost information whenever appropriate and required by the grantor agency. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. Page 1 of 4 3. MONITORING AND REPORTING: A. The Recipient shall submit quarterly performance reports that provide as a minimum (1) a comparison of actual accomplishments to the goals established for the period, (2) reasons why established goals were not met, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. Recipient shall submit a final report within 90 days after completion of the contract. C. Recipient shall promptly advise the State in writing of events which have a significant impact upon the contract, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. D. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives have the right, at all reasonable times, to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and shall require his sub- contractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspect-ton'T and -evaluations shall be performed in such a manner as will not unduly delay the work. 4. DISPUTES: A. Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in all disputes regarding non - procurement issues, and the State's decision shall be final and binding. 5. AFFIRMATIVE ACTION: Recipient warrants that he has developed and has on file affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). 6. PROCUREMENT PROCEDURES: Recipient procurement procedures shall meet or exceed the requirements of the Uniform Grant and Contract Management Standards, Chapter II, Attachment 0. The Recipient shall have written selection procedures which meet the minimum requirements of that document. 7. ENERGY EFFICIENCY: Recipient agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 8. AUDIT REQUIREMENTS: Recipient audit requirements shall meet or exceed the requirements of the Uniform Grant and Contract Management Standards, Chapter II, Attachment P, "Audit Requirements". Page 2 of 4 9. INCORPORATION OF ASSURANCES: Recipient assurances executed in project application Standard Form 424 (Uniform Grant and Contract Management Standards, Chapter II, Attachment M) are hereby referenced and made a part of this contract, along with the following: A. Recipient will comply with Texas Civil Statutes, Article 5996a, by insuring that no officer, employee, or member of the Recipient's governing board or of the Recipient's contractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. B. Recipient will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. C. Recipient will comply with Texas Civil Statutes, Article 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 10. TERMINATION: A. The State may terminate this contract in part or in whole at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the contract. The State shall give written notice to the Recipient at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. If both parties to this contract agree that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. C. Upon termination of this contract, whether for cause or at the con- venience of the parties hereto, the State shall retain unlimited and royalty free usage rights to all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc., prepared by the Recipient. D. The State shall compensate the Recipient for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The Recipient shall not incur new obligations for the terminated portion after the effective date. E. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failure in performance of this contract in accordance with its terms, including any failure by the Recipient to progress in the performance of the work, if such failure arises out of causes beyond the control and without the default or negligence of the Recipient. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Recipient. - Page 3 of 4 Na.. - `Y . ... rn•.:^C..4au,;.i 11. REMEDIES: Violation or breach of contract terms by the Recipient shall be grounds for termination of the contract, and any increased cost arising from Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 12. INSURANCE: The Recipient shall, at a minimum, follow the insurance requirements nor- mally required by the State and local governments. 13. PROPERTY MANAGEMENT: Recipient agrees to comply with the property management standards specified in the Uniform Grant and Contract Management Standards, Chapter II, Attachment N, in its control, use and disposition of property or equipment governed by those standards. 14. SUCCESSORS AND ASSIGNS: The Recipient binds himself, his successors, assigns, executors, and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet, or transfer his interest in this agreement without the written consent of the State. 15. EQUAL EMPLOYMENT OPPORTUNITY: Recipient agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60). 16. CLEAR AIR AND WATER: Recipient agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency regulations (40 CFR, Part 15). Recipient further agrees to report violations to the grantor agency. 17. ANTI -KICKBACK: Recipient agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). 18. DAVIS-BACON ACT: Recipient agrees to comply with the provisions of the Davis -Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). 19. CONTRACT WORK HOURS: Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Page 4 of 4 :.a?."�.;.'., ra! •e,,u,.s.r:,.�;waE,,t ,+5s�.°...E^��"'n'.`• 'Si''.�. .—.-.•�. ,.. -,. .. .. .... ? '' , t Mi COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER -DIRECTOR ROBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPORTATION MARK G. GOODE ROBERT H. DEDMAN BOX 771 . JOHN R. BUTLER, JR. Lubbock, Texas 79408-0771 June 15, 1984 IN REPLY REFER TO FILE NO. Public Transportation Project TX-90-0006 Mr. Larry Cunningham Lubbock City Manager P. 0. Box 2000 Lubbock, Texas 79457 ATTENTION: Mr. John Wilson Dear Sir: We are transmitting two copies of an agreement between the State of Texas through the State Department of Highways and Public Transportation and the City of Lubbock for financial assistance to the Public Transportation Project for capital outlays. Please review this agreement, acquire the proper signature and return both copies to this office. If more information is needed, please let us know. JNM/ep Enclosure Yours truly, Ben Alley District Engineer Yack N. Moore District Planning Engineer District Five (5) 1136% 986 9EBM%eo 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 should be witnessed. The attorneys 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 same day it was authorized). Please return two complete copies of the executed Grant Agreements to: _ 4 � Regional Administrator Urban Mass Transportation Administration 819 Taylor Street, Suite 9A32 I` Fort Worth, TX 76102 Please also send with the Grant AgreementsC d copies o th document which authorizes execution of the award.ion was autho zed by statute and further delegated, please be she statu nd 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 Administrator immediately in writing setting forth the reason for delay and requesting an extension. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S.C. § 1607a-1 NOTIFICATION OF GRANT APPROVAL (SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED) Program No: TX-90-0006 GRANTEE: Lubbock, Texas DESIGNATED RECIPIENT: City of Lubbock ESTIMATED TOTAL PROGRAM COST: $416,340 ESTIMATED TOTAL NET PROJECT COST OF ALL PROJECTS IN THE PROGRAM: $416,340 MAXIMUM PERCENTAGE OF FEDERAL PARTICIPATION: 80 percent MAXIMUM FEDERAL SHARE: $333,072 OBLIGATION DATE: March 30, 1984 SOURCES OF FEDERAL FINANCIAL ASSISTANCE: 83-17-90-00-2-00 - $333,072 DATE OF SECTION 13 c CERTIFICATION LETTER FROM THE A M F LABUR August 26, 1983 PROGRAM DESCRIPTION: (See attached Program of Projects and Program Budget) March 30, 1984 1U� � R TUK Section 9A APPROVED PROGRAM OF PROJECTS urbanized Area: Lubbock, Texas Apportionment: $459,000 Recipients: Subarea Apportionment City of Lubbock $459,000 TOTAL $459,000 PROGRAM OF PRa7B::TS (In priority Order): Program Designated Program Total Type Recipient Description Amount (P/C) (Abbreviated) 1. Purchase of three vans $75,000 C CLTD 2. Purchase/installation of 18 .� air conditioning conversion units $117,000 C CLTD 3. Purchase 100 bus benches $15,000 C CLTD 4. Purchase 100 bus information signs $10,000 C CLTD 5. Purchase/install 36 bus shelters $149,000 C CLTD 6. Construction two pull-outs $17,600 C CLTD 7. Phone information system $400 C CLTD 8. Contingencies $10,508 C CLTD 9. Project administration $21,436 C CLTD Total: $416,340 (Federal amount $333,072 or 80 percent is equal to or less than FY 1983 apportionment) Total Programmed: - $333,072 Section 9A APPROVED PROGRAM BUDGET Urbanized Area: Lubbock, Texas Designated Reci Tent: Lubbock, Texas Grantee: City ot Lubbock, Texas Program No.: TX-90-0006 Bus and Bus Related Facilities: 1. Purchase of three vans $75,000 2. Purchase/installation of 18 air conditioning conversion units $117,000 3. Purchase 100 bus benches $15,000 4. Purchase 100 bus information signs $10,000 5. Purchase/install 36 bus shelters $149,000 6. Construct two pull-outs $17,600 7. Phone information system $400 8. Contingencies $10,500 9. Project administration $21,436 Subtotal Bus $416,340 GROSS PROGRAM COST: $416,340 Revenue Financing: $ 0 NEW PROGRAM COST: $416,340 Federal.Share $333,072 Local Share $23,315 State Share $43,299 Identification of Sources of Federal Financial Assistance: Description FFY :APPN SEC � LIM TA FPC Amount Capital formula Section 9A 83 17 90 00 2 00 $333,072 Total $333,072 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT NOTIFICATION OF GRANT APPROVAL (SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED) 49 U.S.C. § 1607a-1 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 ur amass transportation planning and/or capital improvement program ("Program") with Government financial assistance to the Grantee in the form of a grant ("Grant"), under Section 9A of the Urban Mass Transportation Act of 1964, as amended, ("Act") for purposes set forth in the Program Description in the Notification of Grant Approval that are in accordance with Section 9A of the Act and any implementing regulations or guidelines; and to state the terms and conditions upon which such assistance will be provided and the manner in which the Projects in the Program will be undertaken and the Program planning studies, facilities/equipment will be used. Sec. 2. The Program - The Grantee agrees to undertake and complete the Program, and to provierafor the use of the Program 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 "Program Description" in the Notification of Grant Approval describes the Program to be funded under this Grant. Sec. 3. Federal Assistance - a. In order to assist the Grantee in financing that portion of t e total cost of the Projects in the Program which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Program facilities/equipment are to be used ("Net Project Cost"), such Net Project Cost total of all Projects in the Program being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to either (1) the maximum amount permitted by Federal law and regulations, or (2) in the amount designated as Maximum Federal Share in the Notification of Grant Approval, or (3) the amount designated as Maximum Percentage of Federal Participation as set forth in the Notification of Grant Approval, whichever is the least. Page 1 Form UMTA F 2014 4/l/83 t b. For purposes of this Agreement, "Net Project Cost" must be in conformance with the requirements of Office of Management and Budget Circular (OMB Circular) A-87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments," and with any guidelines or regulations issued by the Government. c. The. obligation of the Government to make Federal Grant payments shall not exceed the amount provided in the Program Budget. Payments to the Grantee under this Grant shall be subject to the availability of sufficient funds in the Mass Transit Account of the Highway Trust Fund and an adequate liquidating cash appropriation enacted into law. Sec. 4. Local Share - The Grantee agrees that it will provide from sources other thanTa—TTederal funds (except as may otherwise be authorized by Federal statute), (b) receipts from the use of the Program facilities/ equipment, or (c) revenues of the public transportation system in which such facilites/equipment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost of each Project in the Program. 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. The Grantee's obligation to provide the Local Share is calculated on a Project -by -Project basis for each Project in the Program. Sec. 5. Fares and Services - The Grantee agrees that it will solicit and consider public comment prior to raising fares or implementing a major reduction of service. Sec. 6. Audit Requirement - The Government may, at least annually and more frequently in its discretion, either conduct or require the Grantee to have independently conducted reviews and audits as the Government may deem appropriate pursuant to the provisions of Section 9(g) of the Act and any regulations or guidelines that may be issued by the Government. Sec. 7. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Program un er the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Program and meeting the requirements of section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter 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. Page 2 Sec. 8. Half -Fare Requirement. --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. The Grantee agrees and assures that it will give the rate required herein to any person presenting a medicare card duly issued to that person pursuant to Title II or Title XVIII of the Social Security Act. Sec. 9. False or Fraudulent Statements - The Grantee takes notice pursuant to Section of the Act, t at t e provisions of Section 1001 of Title 18, United States Code are applicable to any certifications or submissions under Sections 9 and 9A of the Act. The Government reserves the right to exercise any remedies set forth in Section 9(h) of the Act should a violation occur. Sec. 10. The Grant - This Grant consists of the Notification of Grant Approval; this a_rrfTForm F 2014, 4/l/83, entitled Urban Mass Transportation Administration Grant; and Part II, Form UMTA 5G, Rev. 4/l/83, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the Grant award letter include special conditions for Projects in this Program, that letter is incorporated herein by reference and made part of this Grant. The latest approved Program Budget is incorporated herein by reference and made part 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 reallocations do not increase the total amount of the Federal Grant may be made in accordance with all UMTA circulars and regulations. Amendments of any type that pertain to funding shall require the issuance of a new Program Budget. Sec. 11. Execution of Grant - This Grant may be simultaneously executed in several counterparts, ea__cF_o77which counterparts shall be deemed to be an original having identical legal effect. When the Notification of Grant Approval is 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 effective date of any Amendment shall be the Obligation Date for that Amendment. Page 3 The Grantee does hereby ratify and adopt all statements, representations, warranties, covenants, and materials submitted 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 thislll�day of 1 ATTEST: BY: ( iTY SECRE ARY ?R nc`iR n CITY OF LUB1.0cr MAYOR CITY OF LUBBOCK TITLE AND ORGANIZATION TITLE AND 0RUKWr7ATTD1T- Certificate of Grantee's Attorney I, c- JG2. ,..,d�f . , acting as Attorney for the Grantee do hereby cert y that I have ex mined this Grant and have ascertained that execution of the Grant was authorized on the date of 7 — � y � A copy of this authorization is attached or has previous y een su m� to 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. Dated this /o day off_, 19Jr SATUcKL TITLE—AN6Uk T£ATT(fA�— Page 4 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ALMINISTRATION GRANT 49 U.S.C. § 1607a-1 AMENDATORY AGREEMENT NOTIFICATION OF GRANT APPROVAL (SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED) Program No.: TX-90-0006 Amendment No.: 01 The existing grant contract identified below is amended by replacing Part I of that contract with the following language: GRANTEE: City of Lubbock, Texas DESIGNATED RECIPIENT: City of Lubbock, Texas ESTIMATED TOTAL PROGRAM COST: $557,344 ESTIMATED TOTAL NET PROJECT COST OF ALL PROJECTS IN THE PROGRAM: $557,344 YIAXIMUM PERCENTAGE OF FEDERAL PARTICIPATION: 80 percent MAXIMUM FEDERAL SHARE: $445,875 ADDITIONAL INCREMENT OF FEDERAL FUNDS: $112,803 DATE OF ORIGINAL GRANT CONTRACT: March 30, 1984 SOURCES OF FEDERAL FINANCIAL ASSISTANCE FOR THIS AMENDMENT: Capital formula, Section 9A - 83-17790-00-2-00 - $333,072 Capital formula, Section 9A - 83-17=90-00-2-00 - $112,803 * *amended amount DATE OF -SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: ORIGINAL PROJECT: August 26, 1983 THIS AMENDMENT: August 1, 1984:- PROGRAM DESCRIPTION: (See attached Program of Projects and Program Budget) SEP 2 81M -6) dL, f . I &-� OBLIGATION DATE REGIONAL ADMINISTRATOR Section 9A APPROVED PROGRAM OF PROJECTS Urbanized Area: Lubbock, Texas Apportionment: $459,000 Carryover Funds: Transfer Funds: Total Funds Available: 459,000 _ _1 Recipients: subarea Apportionment City of Lubbock Transit Department $459,000 TOTAL $459,000 PROGRAM OF PROJECTS (In priority Order): Program Designated Program Total Type Recipient Description Amount (P/C/O) (Abbreviated) 1. Purchase three, 5- to 9.passenger, fully equipped vans for the handicapped @ $25,O00 ea. $75,000 C CLTD 2.' Purchase and install 18 A/C conversion unit kits $117,000 C CLTD 3. Purchase 100 bus information signs $10,000 C CLTD 4. Purchase and install 100 bus benches $15,000 C CLTD 5. Purchase and install 36 bus shelters $149,000 C - CLTD 6. _ Construct two bus pull-out areas @ $8,800 ea. z $17,600 C CLTD 7. Purchase phone information system $400 C CLTD S. Purchase land and building - $112,803 C CLTD 9. Pave parking lot and resurface areas $28,000 C CLTD 10. Contingencies $10,500 C CLTD 11. Project Administration $21,436 C CLTD Subtotal: $557,344 (Federal amount or 80 percent is equal to or less than total funds available) $445,875 Total Prograrmied: $557,344 Amended Section 9A APPR0�7 , PROGRAM:.BUDGET Urbanized Area: Lubbock, Texas Designated Recipient: City of Lubbock Grantee: City of Lubbock Program No.: TX-90-0006-01 Date:' September 1984 -Bus ~Related " Bus and Facilities _ _ c Original 4 Budget Change 1. Purchase of three vans $75,000 0 2. Purchase/install 18 A/C conversion units 117,000 0 3. Purchase/install 100 bus benches 15,000 0 4. Purchase 100 bus information signs 10,000 0 5. Purchase/install 36 bus shelters 149,000 0 6. Construction of two pull-outs 17,600 0 7. Telephone information system 400 0 S. Purchase land and building 0 112,803 9. Pave parking lot 28,000 0 10. Contingencies 10,500 0 11. Project administration 21,436 0 GROSS PROGRAM COST: $557,344 Revenue Financing: $0 NET PROGRAM COST: f $557,344 Federal Share (80 percent) $445,875 Local Share (20 percent) — $111,469 Total Federal Funds requested $445,875 Identification of Sources of Federal Financial Assistance: Description Capital formula, Section 9A Capital formula, Section 9A FFY APPN SEX; LIM TA FPC 83 - , 17 90 00 2 00 83 17 90 00 2 00 Maximum amount of Federal funds to be expended under this grant * amended amount New Amount $75,000 117,000 15,000 10,000 149,000 17,600 400 112,803 28,000 10,500 21,436 Amount $333,072 $112,803* $445,875 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT NOTIFICATION OF GRANT APPROVAL (SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED) 49 U.S.C. § 1607a-1 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 ot an urban mass transportation planning and/or capital improvement program ("Program") with Government financial assistance to the Grantee in the form of a grant ("Grant"), under Section 9A of the Urban Mass Transportation Act of 1964, as amended, ("Act") for purposes set forth in the Program Description in the Notification of Grant Approval that are in accordance with Section 9A of the Act and any implementing regulations or guidelines; and to state the terms and conditions upon which such assistance will be provided and the manner in which the Projects in the Program will be undertaken and the Program planning studies, facilities/equipment will be used. Sec. 2. The��Pro r��am - The Grantee agrees to undertake and complete the Program, and too provide tor the use of the Program 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 "Program Description" in the Notification of Grant Approval describes the Program to be funded under this Grant. Sec. 3. Federal Assistance - a. In order to assist the Grantee in financing that portion of the total cost of the Projects in the Program which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Program facilities/equipment are to be used ("Net Project Cost"), such Net Project Cost total of all Projects in the Program being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to either (1) the maximum amount permitted by Federal law and regulations, or (2) in the amount designated as Maximum Federal Share in the Notification of Grant Approval, or (3) the amount designated as Maximum Percentage of Federal Participation as set forth in the Notification of Grant Approval, whichever is the least. Page 1 Form UMTA F 2014 4/1/83 b. For purposes of this Agreement, "Net Project Cost" must be in conformance with the requirements of Office of Management and Budget Circular (OMB Circular) A-87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments," and with any guidelines or regulations issued by the Government. c. The.obligation of the Government to make Federal Grant payments shall not exceed the amount provided in the Program Budget. Payments to the Grantee under this Grant shall be subject to the availability of sufficient funds in the Mass Transit Account of the Highway Trust Fund and an adequate liquidating cash appropriation enacted into law. Sec. 4. Local Share - The Grantee agrees that it will provide from sources other than a ederal funds (except as may otherwise be authorized by Federal statute), (b) receipts from the use of the Program facilities/ equipment, or (c) revenues of the public transportation system in which such facilites/equipment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost of each Project in the Program. 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. The Grantee's obligation to provide the Local Share is calculated on a Project -by -Project basis for each Project in the Program. Sec. 5. Fares and Services - The Grantee agrees that it will solicit and consider public comment prior to raising fares or implementing a major reduction of service. Sec. 6. Audit Requirement - The Government may, at least annually and more frequently in its iscretion, either conduct or require the Grantee to have independently conducted reviews and audits as the Government may deem appropriate pursuant to the provisions of Section 9(g) of the Act and any regulations or guidelines that may be issued by the. Government. Sec. 7. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Program un er the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Program and meeting the requirements of section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter 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. Page 2 Sec. B. Half -Fare Requirement 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.. The Grantee agrees and assures that it will give the rate required herein to any person presenting a medicare card duly issued to that person pursuant to Title II or Title XVIII of the Social Security Act. Sec. 9. "False or Fraudulent Statements - The Grantee takes notice pursuant to Section of the Act, t at t e provisions of Section 1001 of Title 18, United States Code are applicable to any certifications or submissions under Sections 9 and 9A of the Act. The Government reserves the right to exercise any remedies set forth in Section 9(h) of the Act should a violation occur. Sec. 10. The Grant - This Grant consists of the Notification of Grant Approval; this arm, —Form F 2014, 4/l/83, entitled Urban Mass Transportation Administration Grant; and Part II, Form UMTA 5G, Rev. 4/l/83, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the Grant award letter include special conditions for Projects in this Program, that letter is incorporated herein by reference and made part of this Grant. The latest approved Program Budget is incorporated herein by reference and made part 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 reallocations do not increase the total amount of the Federal Grant may be made in accordance with all UMTA circulars and regulations. Amendments of any type that pertain to funding shall require the issuance of a new Program Budget. Sec. 11. Execution of Grant - This Grant may be simultaneously executed in several counterparts, each of which counterparts shall be deemed to be an original having identical legal effect. When the Notification of Grant Approval is 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 effective date of any Amendment shall be the Obligation Date for that Amendment. Page 3 The Grantee does hereby ratify, -and adopt all statements, representations, warranties, covenants, and materials submitted 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 7th -day of 71ovember 19 84 ATTE �Q TITLE AN6 ORGAN ATION BY: U. Certificate of Grantee's Attorney acting as Attorney for the Grantee do hereby cent' y that a e examined this Grant an have ascertained that execution of the Grant was authorized on the date of ttL A copy of this authorization is attached or has previouslybeen' sliblImittled 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 t� rms of this Gran `Dated this. day of , 19 M Page 4 SPECIAL CONDITION Section lll.d, of Part II, Terms and Conditions is amended to read as follows:" d. Labor Provisions. Pursuant to regulations set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in all construction contracts of $2,000 let by the Recipient in carrying out the project. (1) MINIMUM WAGES. (a) 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 HOUSI14G 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 (a)(1)(iv) OF 29 C.F.R. § 5.5; 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 V,ECHANICS 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 § 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 CLASSIFICATION AND WAGE RATES CONFORMED UNDER PARAGRAPH (a)(1)(ii) OF 29 CFR § 5.5 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. (b) 1. 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 CLASSIFICATJON AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOIdING CRITERIA HAVE BEEN MET: w a. THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT PERFORMED'BYA CLASSIFICATION IN THE WAGE DETERMINATION; AND b. THE CLASSIFICATION 1S UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY; AND c. THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE THE WAGE DETERMINATION. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE E::PLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFFICER AGREE ON THE CLASSIFICATION AND WAGE RATE (INCLUDING THE A?:9UNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF T' WAG_ AND HOUR DIVISION, EMPLOYMENT STAfiDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 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 CG;ITRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 3. IN THE EVENT THE CONTRACTOR, THE LABORERS OR MECHANICS TO BE E::PLOYED 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. 4. THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE APPROPRIATE) DETERMINED PURSUANT TO SUBPARAGRAPHS (a)(1)(B) OR (C) OF 29 CFR § 5.5, 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. (t) 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. (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS TO A TRUSTEE OR OTHER TFIRD 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 TRE-0-TRACTOR, 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. DOT SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED RE -PRESENTATIVE 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, E',PLOYED 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, DOT MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR 0 NER, 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. (a) 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 AMD 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 11ORKER, 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 1(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 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 COMMITM7-NT 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 PATIOS AND WAGE RATES PRESCRIBED IN THE APPLICABLE PROGRAMS. (b) 1. THE CONTRACTOR SHALL SUBMIT WEEKLY FOR EACH WEEK IN WHICH ANY CONTRACT WORK IS PERFORMED A COPY OF ALL PAYROLLS TO DOT IF DOT IS A PARTY TO THE CONTRACT, BUT IF DOT IS NOT SUCH A PARTY. THE CONTRACTOR WILL SUBMIT THE PAYROLLS TO THE APPLICANT, SPONSOR, OR OWNER, AS THE CASE MAY BE, FOR TRANSMISSION TO DOT. THE PAYROLLS SUBMITTED SHALL SET OUT ACCURATELY AND COMPLETELY ALL OF THE INFORMATION REQUIRED TO BE MAINTAINED UNDER § 5.5(a)(3)(i) OF REGULATIONS. 29 CFR PART S. 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, D.C. 20402. THE PRIME CONTRACTOR IS RESPONSIBLE FOR THE SU3MISSION OF COPIES OF PAYROLLS BY ALL SUBCONTRACTORS. 2. EACH PAYROLL SUBMITTED SHALL BE ACCOMPANIED BY A "STATEMENT OF COMPLIANCE;" SIGNED BY THE CONTRACTOR OR SUBCONTRACTOR OR HIS OR HER AGENT VHO PAYS OR SUPERVISES THE PAYMENT OF THE PERSONS EMPLOYED UNDER THE CONTRACT AN'D SHALL CERTIFY THE FOLLOWING: a. THAT THE PAYROLL FOR THE PAYROLL PERIOD CONTAINS THE INFORMATION REQUIRED TO BE MAINTAINED UNDER § 5.5(a)(3)(i) OF REGULATIONS, 29 CFR PART 5 AND THAT SUCH INFORMATION IS CORRECT AND COMPLETE; b. 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; c. 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. 3. 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 29 CFR § 5.5. ..4-- 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. (c) THE CONTRACTOR OR SUBCONTRACTOR, SHALL MAKE THE RECORDS REQUIRED UNDER, PARAGRAPH (a)(3)(i) of 29 CFR § 5.5 AVAILABLE FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF DOT OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH 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 k'RITTEN 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 --APPRENTICES. (a) 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 A14D 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 PATE, 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 JOURNEYMAN'S 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 DETERMINES THAT A DIFFERENT PRACTICE PREVAILS FOR THE APPLICABLE APPRENTICE CLASSIFICATON, FRINGE BENEFITS 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. (b) TRAINEES. EXCEPT AS PROVIDED IN 29 CFR § 5.16, TRAINEES WILL NOT BE PERMITTEDD TU-W K 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 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'S HOURLY RATE SPECIFIED IN THE 'PPLICABLE 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'S WAGE RATE ON THE WAGE DETERMINATION WHICH PROVIDES FOR LESS THAN FULL FRINGE BENEFITS FOR A, PRENTICES. ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRANINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAT: 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. It: 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. (c) EQUAL EMPLOYMENT OPPORTUNITY. THE UTILIZATION OF APPRENTICES, TRAINEES AND JOURNEYMEN UNDER THIS PART S LL 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 COt;PLY WITH THE REQUIREMENTSOf 29 CFR PART- ARE INCORPORATED BY REFERENCE. (6) CONTRACT TERMINATION: DEBARMENT. A BREACH OF THE CONTRACT CLAUSES IN 29 CFR § 5.5. MAY BE GROUNDS FOR TERMItL4TION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PROVIDED IN 29 CFR § 5.12. (7) COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS. ALL •! RULINGS AN t TFTt kETATT6R5 �FTFT D Y - REAL ACTSCONTAINEDIN 29 CFR PARTS 1, 32 AND 5 ARE HEREIN INCORPORATED BY REFERENCE. (8) DISPUTES CONCERNING LABOR STANDARDS. DISPUTES ARISING OUT OF THE LABOR STANMFDS PROVISIONST-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. (9)(a) CERTIFICATION OF ELIGIBILITY. BY ENTERING INTO THIS CONTRACT, THE CONTRACTERTIFIES THAT NEITHER I (NOR HE OR SHE) NOR ANY PERSON OR FIRM WHO HAS AN INTEREST IN THE 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).- (b) 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). (c) THE PENALTY FOR MAKING FALSE STATEMENTS IS PRESCRIBED IN THE U.S. - CRIMINAL CODE, 18 U.S.C. § 1001. (10) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE CONTR CT WORK'WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORKWEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF EIGHT HOURS IN ANY CALENDAR DAY DR 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 THE 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, WHICHEVER IS GREATER. (11) VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. IN THE EVENT OF ANY Yl CATION OF THE CLAUSE SET FORTH IN SUBPARAGRAPH b 1) 29 CFR § 5.5. THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THEREFOR SHALL BE LIABLE FOR THE UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR 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, INCLUDING WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(1) OF 29 CFR § 5.5 IN THE SUM OF SID FOR EACH CALENDAR DAY OR WHICH SUCH INDIVIDUAL WAS 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 ;AGES REQUIRED BY THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(1) OF 29 CFR § 5.5. _ E RECIPIENT WITHHOLDING UPON FOR UNAClIOFN PAID WAGESANDUPON LIOTTER-R UUnT ANATED DAMAGES. DOT OR THE AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY HONEYS PAYABLE ON ACCOUNT OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR UNDER ANY SUCH CONTRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CONTRACTOR, OR ANY OTHER FEDERALLY -ASSISTED CONTRACT SUBJECT TO THE. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(2) OF 29 CFR § 5.5. (13) NONCONSTRUCTION CONTRACTS. IN ADDITION TO THE CLAUSES CONTAINED IN 29 CFR § 5.5 or paragraphs 10 HROUGH (14) HEREIN, IN ANY CONTRACT SUBJECT ONLY TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STATUTES CITED IN 29 CFR § 5.1, THE RECIPIENT SHALL INSERT A_ CLAUSE_ REQUIRING THAT THE CONTRACTOR OR SUBC014TRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THEREE YEARS FROM, THE COMPLETION OF THE CONTRACT FOR ALL LABORERS AND MECHANICS, INCLUDI14G GUARDS AND WATCHMEN, WORKING ON THE CONTRACT. SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH E►,;PLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF VAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID. FURTHER, THE RECIPIENT SHALL REQUIRE THE CONTRACTING OFFICER TO INSERT IN ANY SUCH CONTRACT A CLAUSE PROVIDING THAT THE RECORDS TO BE MAINTAINED UNDER THIS PARAGRAPH SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUBCONTRACTOR FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF DOT AND THE DEPARTTENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH RESPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. (14) SUBCONTRACTS. THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS S SET FORTH IN SUBPARAGRAPH (1) THROUGH (14) OF THIS PARAGRAPH AND ALSO A CLAUSE REQUIRNG THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS. THE PRIME CONTRACTOR SHALL BE RESPDNSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE CLAUSES SET FORTH IN SUBPARAGRAPHS (1) THROUGH (14) OF THIS PARAGRAPH. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION WASHINGTON, D.C. 20590 URBAN MASS TRANSPORTATION AGREEMENT PART II TERMS AND CONDITIONS for Projects under section 3, 4(1), 5, 6, 8, 9, 9A, and 20 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1601 et seq.; for Mass Transportation Projects under the Federal -Aid Highway Act of 1973, as amended, title 23 U.S.C. (Highways); or for section 175 of the Clean Air Act Amendments of 1977, 42 U.S.C. § 7505. Form UMTA F 5G Rev. 4/l/83 TABLE OF CONTENTS Section 101. Definitions..........................................1 Section 102. Accomplishment of the Project ........................2 a. General Requirements ............................2 b. Pursuant to Federal, State and Local Law ........ 2 c. Funds of the Recipient ..........................2 d. Submission of Proceedings, Contracts, and Other. Documents......................................2 e. Changed Conditions Affecting Performance ........ 3 f. No Government Obligations to Third Parties g. Land Acquisition Policy .........................3 Section 103. The Project Budget...................................3 Section 104. Accounting Records...................................3 a. Project Accounts................................3 b. Funds Received or Made Available for the........ Project........................................3 c. Allowable Costs.................................3 d. Documentation of Project Costs..................4 e. Checks, Orders and Vouchers.....................4 f. Audit and Inspection ............................4 Section 105. Requisitions and Payments, ........................... 5 a. Request for Payment by the Recipient ............ 5 b. Payment by the Government .......................5 c. Disallowed Costs................................6 d. Prohibition Against Use of Federal Funds for.... Lobbying.......................................6 e. Letter of Credit................................6 f. Interest on Late Payments .......................7 g. Deobligation of Funds ...........................7 Section 106. Right of Government to Terminate.....................7 Section 107. Project Completion, Settlement and Close -Out ......... 7 Section 108. Use of Project Facilities/Equipment..................8 Section 109. Encumbrance of Project Property......................9 Section 110. Restrictions, Prohibitions, Controls, and Labor...... Provisions ..........................................9 a. Equal Employment Opportunity ....................9 b. Small, Minority and Women's Business............ Enterprise.....................................10 c. Title VI - Civil Rights Act of 1964............11 d. Competition in Procurement .....................11 e. Force Account..................................12 f. Settlement of Third Party Contract Disputes..... or Breaches....................................12 g. Ethics.........................................12 h. Interest of Members of or Delegates to......... Congress......................................13 Section 111. Construction Contracts..............................13 a. Nondiscrimination..............................13 b. Specifications.................................15 c. Notice.........................................20 d. Labor Provisions...............................22 e. Contract Security..............................27 f. Insurance During Construction.................27 g. Signs ........... .............................27 h. Safety Standards..............................27 i. Liquidated Damages ............................27 Section 112. Environmental, Resource, and Energy Protection and... Conservation Requirements ..........................28 a. Compliance with Environmental Standards.......28 b. Air Pollution.................................28 c. Use of Public Lands ...........................28 d. Historic Preservation .........................28 e. Energy Conservation ...........................29 Section 113. Patent Rights........................................29 Section 114. Rights in Data.......................................29 Section 115. Cargo Preference - Use of United States -Flag .... ..... Vessels............................................30 Section 116. Buy America.... .................. ...................31 Section 117. Charter and School Bus Operations ....................32 a. Charter Bus...................................32 b. School Bus....................................32 Section 118. Nondiscrimination on the Basis of Handicap .......... .32 Section 119. Flood Hazards........................................32 Section 120. Privacy... 1 .......................................... 32 Section 121. Miscellaneous........................................34 a. Bonus or Commission ...........................34 b. State and Territorial Law.....................34 c. Records.......................................34 d. Severability..................................34 ii DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION AGREEMENT PART II - TERMS AND CONDITIONS Constituting part of the AGREEMENT 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, and/or the Clean Air Act Amendments of 1977. Section 101. Definitions. As used in this Agreement: a. Agreement means any Grant Agreement or Cooperative Agreement. b. Application means the signed and dated proposal as may be amended for Federa nano al assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with the Government (UMTA) by or on behalf of the Recipient, which has been accepted and approved by the Government (UMTA). c. Approval, Authorization, Concurrence, Waiver means a conscious, written act by an authorized official of the overnment granting permission to the Recipient to perform or omit an act pursuant to this Agreement which could not be performed or omitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or omission of a specific act shall not constitute permission to perform or omit similar acts unless such broad permission is clearly stated. Oral permission or interpretations shall have no legal force or effect. d. External Operating Manual means the most recent UMTA manual of that title, whit presents information about the UMTA programs, application processing procedures, and guidance for administering approved projects; there are also other UMTA and DOT directives applicable to the Project. e. Government means the United States of America, or its cognizant agency, the Department of Transportation (DOT) or its operating administration, the Urban Mass Transportation Administration (UMTA), used hereafter interchangeably. f. Mass Transportation includes public transportation and means transpor a !on by Tus, 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. g. Project means the task or set of tasks provided for in the Project Budget whicli—Me-TFecipient undertakes to perform pursuant to the Agreement with the Government. In the case of Federal financial assistance under Section 9 or 9A Page 1 of the Urban Mass. Transportation Act of 1964, as amended, "Project" includes "Program" and "each Project within the Program" as may be appropriate. h. Project Budget means the most recently dated statement, approved by the Government, of tie estimated total cost of the Project, the items to be deducted from such total in order to calculate the estimated net project cost, the maximum amount of the Federal assistance for which the Recipient is currently eligible, the specific items (including contingencies and relocation) for which the total may be spent, and the estimated cost of each of such items. i. Recipient means any entity that receives Federal financial assistance from UMTA o�-r tTFeaccomplishment of the Project. The term "Recipient" includes "Grantee" and any entity to which Federal funds have been passed through for the accomplishment of the Project . j. Secretary means Secretary of the Department of Transportation or his duly authortze�aesignee. Section 102. Accomplishment of the Project. a. General Requirements. The Recipient shall commence, carry on, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws and regulations. b. Pursuant to Federal, State, and Local Law. In performance of its obligations pursuant to this Agreement, t e ecipient and its contractors shall comply with all applicable provisions of Federal, State, and local law. All limits.or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements. If there is a conflict between Federal and State requirements, the Recipient shall inform the Government in order that an appropriate resolution may be arranged. The Recipient agrees further that no Federal funds may be used for the payment of ordinary governmental or nonproject operating expenses. c. Funds of the Recipient. The Recipient shall initiate and prosecute to completion a proceedings necessary to enable the Recipient to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. d. Submission of Proceedings, Contracts and Other Documents. The Recipient shall submit to the Government such data, reports, recor s, contracts, and other documents relating to the Project as the Government may require. The Recipient shall retain intact, for three years following Project close-out, all Project documents, financial records, and supporting documents. Page 2 e. Changed Conditions Affecting Performance. The Recipient shall immediately notify UMTA of any change In conditions or local law, or of any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. f. No Government Obli ations to Third Parties. The Government shall not be subject o any obligations or liabilities by contractors of the Recipient or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project without its express, written consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. g. Land Acquisition Policy. Any acquisition of land for use in connection with the project must con orm to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable circulars. Section 103. The Project Budget. A Project Budget shall be prepared and maintained by t e ecipient. a Recipient shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. The Project Budget may be revised, from time to time, in accordance with Federal guidelines. Section 104. Accountino Records. a. Project Accounts. The Recipient shall establish and maintain as a separa a set of accounts, or within the framework of an established accounting system, accounts for the Project in the manner consistent with Office of Management and Budget (OMB) Circular A-102, as amended, or OMB Circular A-110, as may be appropriate. b. Funds Received or Made Available for the Project. In accordance with the provisions of UMB Circular A-1U2, as amended, or U Circular A-110, as may be appropriate, the Recipient shall record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation (FDIC), all Project payments received by it from the Government pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, ("Project Funds"). Any balances exceeding the FDIC coverage must be collaterally secured as provided in 12 U.S.C. § 265 and implementing regulations or in applicable Federal procedures. A separate bank account may be required when drawdowns are made by letter of credit. c. Allowable Costs. Expenditures made by the Recipient shall be reimbursable as a owa a costs to the extent that 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 accomplish the Project; Page 3 (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, excluding Program Income as defined in OMB Circular A-102 or A-110). (5) Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from the Government (UMTA) to the contrary is received; (6) Be in conformance with the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A-87, Revised, and with any guidelines or regulations issued by UMTA; in the case of Projects with educational institutions, the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A-21, Revised, rather than the standards of OMB Circular A-87, Revised, shall apply; and in the'case of nonprofit organizations, the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A-122, rather than the standards of OMB Circular A-87, Revised, shall apply. (7) Be satisfactorily documented; and (8) Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Government 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, inclu ing 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 t at 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. f. Audit and Inspection. The Recipient shall permit the Secretary and the ComptrolTer--General of the United States, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. In the case of contracts awarded under other than competitive bidding procedures as defined by the Secretary, the Recipient shall require those contractors to permit the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives to inspect all work, materials, Page 4 payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts pertaining to such contracts with regard to the Project. A Recipient that is a State or local government or Indian tribal government shall be responsible for meeting the audit requirements of OMB Circular A-102, Attachment P, or any revision or supplement thereto. Pursuant to Departmental criteria, the Government (UMTA) may waive the Attachment P audit requirement or substitute a requirement for a grant audit performed in accordance with the Comptroller General's standards. Section 105. Requisitions and Payments a. Requests for Payment b the Reci ent. The Recipient may make requests for payment of the Federal share of allowable costs, and the Government (UMTA) will honor such requests in the manner set forth in this section. Payments made to Recipients must comply with 31 C.F.R. Part 205. In order to receive Federal assistance payments, the Recipient must: (1) Completely execute and submit to the Government (UMTA) the information required by Standard Form 270; (2) Submit to the Government (UMTA) an explanation of the purposes for which costs have been incurred to date or are reasonably expected to be incurred within the requisition period (not more than 30 days after the date of submission); (3) Demonstrate or certify that it has supplied local funds adequate, when combined with the Federal payments, to cover all costs to be incurred to the end of the requisition period; (4) Have submitted to the Government (UMTA) all financial and progress reports required to date under this Agreement; and (5) Identify the source(s) of financial assistance provided under this Project from which the payment is to be derived. b. Payment by the Government. Upon receipt of the requisition and the accompanying in satisfactory form, the Government will process the requisition if the Recipient is complying with its obligations pursuant to the Agreement, has satisfied the Government of its need for the Federal funds requested during the requisition period, and is making adequate progress towards the timely completion of the Project. If all of these circumstances are found to exist, the Government may reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the Recipient up to the maximum amount of Federal assistance payable through the fiscal year in Page 5 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 committed 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 the Government 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. Unless prohibited by applicable law, the Government reserves the right to offset any Federal assistance funds to be made available under this Project as may be necessary to satisfy any monetary claims that the Government may have outstanding against the Recipient. c. Disallowed Costs. In determining the amount of the Federal assistance that the Federal overnment will provide, the Government will exclude all Project 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 the Government 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 the Government (UMTA). Exceptions to the above statement on disallowed costs are contained in the External Operating Manual or in other written Federal (UMTA) guidance. d. Prohibition Against Use of Federal Funds for Lobb in . The Recipient or any su recipient shall not use FederTl assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress. e. Letter of Credit. Should a letter of credit be issued to the Recipient, the following terms and conditions, in conformance 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 accountability for all Project funds in accordance with any requirements and procedures issued by the Government for use of the letter of credit. (4) The Recipient shall impose on its subrecipients all the requirements of Section 105.e.(1), (2), and (3) of this Part II as applicable. Page 6 (5) Should the Recipient fail to adhere to the requirements of Section 105.e.(1), (2), (3), or (4) of this Part II, the Government may revoke the unobligated portion of the letter of credit. (6) Section 105.a., b., and c. of this Part II remain effective to the extent that they do not conflict with the provisions of section 105.e. f. Interest. The following requirements apply to the Recipient: (1) Any interest earned on Federal funds by the Recipient must be Identified and remitted to the Government, except as provided by section 203 of the Intergovernmental Cooperation Act of 1968, 42 U.S.C. § 4213. (2) Upon notice by the Government to the Recipient of specific amounts due the Government, the Recipient shall promptly remit any excess payment of amounts or disallowed costs to the Government (UMTA). Interest may be assessed from the time of notice and charged for any amounts due to the Government that are not paid as set forth in the Treasury Fiscal Requirements Manual. g. Deobli ation of Funds. The Government reserves the right to deobligate unspent Feaeral funds prior to project closeout. Section 106. Right of Government to Terminate. Upon written notice to the Recipient, the liovernment reserves the rig t 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 the Government 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 breach 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 the Government (UMTA) prior to the date of termination, to the extent those obligations 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 t e roject or upon termination by the Government, 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. Any Recipient covered by OMB Circular A-102 shall undertake the necessary audits as required by OMB Circular A-102, Attachment P. With respect to any Recipient not covered by OMB Circular A-102, upon receipt of this information, the Government (UMTA) or an agency designated by the Government (UMTA) 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 Page 7 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 the Government (UMTA) such excess and interest as may be required by section 105.e. and f. Project close-out occurs when the Government notifies the Recipient and forwards the final grant payment or when an appropriate refund of Federal grant funds has been received from the Recipient and acknowledged by the Government. Close-out shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgment from the Government. Section 108. Use of Project Facilities/Equipment - The following conditions are applicable to capital facilities andequipmentfinanced under this Agreement: a. The Recipient 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, and any guidelines or regulations that the Government may issue. Exceptions to the requirements of Attachment N must be specifically approved by the Government. The Government reserves the right to require the Recipient to transfer title to any personal property financed with Federal assistance funds made available under this Agreement in accordance with Attachment N to OMB Circular A-102 or A-110, as may be appropriate. The Government also reserves the right to direct the disposition of real or personal property financed with Federal assistance funds made available under this Agreement in accordance with Attachment N to OMB Circular A-102 or A-110, as may be appropriate. b. The Recipient agrees to -maintain the project property in good operating order, and in accordance with any guidelines, directives, or regulations which UMTA may issue. If, during the period, any Project facilities/equipment are not used in mass transportation service, whether by planned withdrawal, misuse or casualty loss, the Recipient shall immediately notify the Government. Unless otherwise approved by the Government, the Recipient shall remit to the Government a proportional amount of the fair market value, if any, of the property, which value shall be determined on the basis of the ratio of the Federal Assistance awarded by the Government to the actual cost of the Project. Unless otherwise required by the Government, the following guidelines shall be observed in determining fair market value: In the case of planned withdrawal, 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 or the net proceeds from public sale. Unless otherwise approved by the Government, in the event of loss due to casualty or fire, for property that is insured, the damages paid by the insurance carrier or payable from the self -insured reserve account shall be considered fair market value. Unless otherwise required by the Government, in cases where the property is not insured, the fair market value will be the value of the property immediately following the casualty or fire. c. The Recipient further agrees that the Project facilities/equipment shall be used for the provision of mass transportation service within the area and in the manner described in the Project Description. The Recipient shall keep Page 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 the Government in all cases where Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Recipient shall obtain Government concurrence before undertaking any transfer of title, lease, encumbrance, or alienation of property financed with Government assistance. The Government reserves the right to require the Recipient to restore project property or pay for damage to project property as a result of abuse or misuse of such property with the Recipient's knowledge and consent. Section 109. Encumbrance of Project Property. The Recipient shall not execute any lease, pledge, mortgage, Ilen, or other contract (including a grant anticipation note or "Safe Harbor Lease" under section 168(g)(8) of the Internal Revenue Code of 1954) touching or affecting the Federal interest in any Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to Project facilities or equipment, unless such lease, pledge, mortgage, lien, contract, or other obligation is expressly authorized in writing by the Government; nor shall the Recipient, by any act or omission of any kind, adversely affect the Federal interest or impair its continuing control over the use of Project facilities or equipment. Section 110. Restrictions, Prohibitions, Controls, and Labor Provisions. a. Equal Employment Opportunity - The following conditions are applicable: (1) In connection with the carrying out of the Project, the Recipient shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are employed, 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 commercial supplies or raw materials. (2) 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 of this Agreement. Upon notification to the Recipient of its failure to carry out the approved Page 9 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. Small, Minority and Women's Business Enterprise. The following provisions are appiica3 e: (1) The Recipient shall be responsible for meeting the applicable regulations regarding participation by minority business enterprises (MBE) in Department of Transportation programs 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 49 C.F.R. 23.43, the following clauses must be inserted in each third party contract. (a) POLICY. IT IS THE POLICY OF THE DEPARTMENT OF TRANSPORTATION THAT MINORITY BUSINESS ENTERPRISES, AS DEFINED IN 49 C.F.R. PART 23, SHALL HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS UNDER THIS AGREEMENT. CONSEQUENTLY, THE MBE REQUIREMENTS OF 49 C.F.R. PART 23 APPLY TO THIS AGREEMENT. (b) 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. (2) 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 carry 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. (3) The Recipient shall advise each subrecipient, contractor, and subcontractor that failure to carry out the requirements set forth in 49 C.F.R. 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. (4).The Recipient shall take action concerning lessees as follows: Page 10 (a) The Recipient shall not exclude MBE's from participation in business opportunities by entering into long-term, exclusive agreements with non -MBE'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) A Recipient that is required to submit affirmative action programs under 49 C.F.R. 23.41(a)(2) or (a)(3) that has 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 49 C.F.R. 23.45(g)(5). The Recipient shall review these goals at least annually, and whenever the goals expire. The review shall analyze projected versus actual MBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals. Following each review, the Recipient shall submit new overall goals to the Department for approval. A Recipient that fails to meet its goals for MBE lessees shall demonstrate to the Department in writing that it made reasonable efforts to meet the goals. (c) Except as provided in this section, the Recipient is required to include lessees in affirmative action programs. Lessees themselves are not subject to the requirements of this Part, except for the obligation of 49 C.F.R. 23.7 to avoid discrimination against MBE's. (5) The Recipient agrees to include the clauses in Subsection (1) and (2) of Section 109.b. above in all subsequent agreements 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 ET—ecompliance 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. § 2000d), the regulations of the Department of Transportation issued thereunder, 49 C.F.R. Part 21 and the Assurance by the Recipient pursuant thereto. d. Competition in Procurement. The Recipient shall comply with the Procurement Standards requirements set forth in Attachment 0 of OMB Circular A-102, as amended, or A-110, as may be appropriate; and with any supplementary directives or regulations including UMTA Circular 4220.1A and any revisions thereof, as may be appropriate. UMTA reserves the right to review the Recipient's technical specifications and requirements, where such review is necessary for proper project administration. The Recipient further agrees that notwithstanding the requirements in Section 116 herein, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications. Page 11 e. Force Account. The Government (UMTA) reserves the right to determine the extent to which it will participate in force account costs. f. Settlement of Third Party Contract Disputes or Breaches. The Government has a vested interest in the settlementisputes, dei•aults, or breaches involving any Federally -assisted third party contracts. The Government retains a right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery. Therefore the Recipient shall avail itself of all legal rights available under any third party contract. The Recipient shall notify the Government of any current or prospective litigation pertaining to any third party contract. The Government reserves the right to concur in any compromise or settlement of the Recipient's claim(s) involving any third party contract, before making Federal assistance available to support that settlement. If the third party contract contains a liquidated damages provision, any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. g. Ethics. The Recipient shall maintain a written code or standards of conduct which code or standards shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. Such code or standards shall provide that no employee, officer, or agent of the Recipient shall participate in the selection, or in the award, or in the 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: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or (4) an organization that employs, or is to employ, any of the above. The code or standards shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to the subagreement. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such code or standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such code or standards by the Recipient's officers, employees, or agents, or by contractors or their agents. Page 12 h. Interest of Members of or Delegates to Congress. No member of or delegate 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 111. Construction Contracts. The following provisions are applicable: a. Nondiscrimination. Pursuant to 41 C.F.R. § 60-1.4(b)(1) and (c) (1) The Recipient hereby agrees that it will incorporate or cause to be incorporated 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 contract or modification 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: DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: (a) 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 RACE, 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; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE. (b) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (c) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH HE HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE TO BE PROVIDED ADVISING THE SAID LABOR UNION OR WORKERS' REPRESENTATIVES OF THE CONTRACTOR'S COMMITMENTS UNDER THIS SECTION 202 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (d) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR. Page 13 ., .(e) THE CONTRACTOR. WILL FURNISH ALL INFORMATION AND. REPORTS REQUIRED BY EXECUTIVE 4RDER.1I246 OF.SEPTEMBER 24,.1965, AND BY RULES, REGULATIONS, AND ORDERS'OF THE SECRETARY OF LABOR, OR,P4RSUANT THERETO, AND WILL PERMIT ACCESS. TO.HIS BOOKS,RECORDS, AND ACCOUNTS BY.THE URBAN MASS TRANSPORTATION ADMINISTRATION AND THE SECRETARY OF LABOR FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE„WITH,,SUCH,RULES,,REGULATIONS, AND ORDERS. „(f). IN THE EVENT.OF,THE CONTRACTOR'S`NONCOMPLIANCE WITH THE NONDISCRIMINAT.I:ON CLAUSES. -OF THIS,AGREEMENT OR WITH: ANY OF THE.SAID RULES, REGULATIONS OR ORDERS, THIS AGREEMENT MAY BE CANCELLED,. O.R 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 AUTHORIZED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AS`AMENDEO, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED ;AS.PROVIDED . IN EXECUTIVE ORDER.11246 OF SEPTEMBER 24, 1965, OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR., OR AS OTHERWISE PROVIDED BY LAW.` (g) THE CONTRACTOR WILL INCLUDE A CITATION TO 41 C.F.R. § 60-1_.4(b)(1) and (c).AND THE.PROVISIONS OF PARAGRAPHS. (a) THROUGH (g) 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, SO THAT SUCH PROVISIONS SHALL BE BIND.ING.UPON EACH SUBCONTRACTOR.AR VENDOR, THE CONTRACTOR WILL TAKE_SUCH ACTION WITH RESPECT. TO ANY SUBCONTRACTOR PURCHASE ORDER AS THE URBAN MASS TRANSPORTATION ADMINISTRATION 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 URBAN MASS:TRANSPORTATION ADMINISTRATION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES. (2) The Recipient shall assure that each nonexempt prime contractor or subcontractor shall include the above clause in each of,_its nonexempt contracts. (3) The Recipient further agrees that, it wil.l.be bound by the above equal opportunity clause with'respect,to its own, employment 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,;;i.nstrumentality or . subdivision of such government which does not participate in ,work on;,or under the Agreement. (4) The Recipient agrees that it will assist and .cooperate actively with the Urban Mass Transportation Administration and the Secretary of Labor in obtaining the complA ance 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 Urban Mass Transportation Administration and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Urban Mass Transportation Administration in the discharge of the agency's primary responsibility for securing compliance. Page 14 (5) The Recipient further agreeg'•'that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, as amended, with any contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally assisted construction contracts pursuant to the Executive Order; and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Urban Mass Transportation Administration or the Secretary of Labor 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 from extending any further assistance to the Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. b. Specifications. The Recipient hereby agrees that it will incorporate or cause to incorporated into its contracts the specifications set forth below in all Federal or Federally assisted construction contracts, or modifications 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 60-4.3 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 OPPORTUNITY 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 IDENTIFICATION NUMBER" MEANS THE FEDERAL SOCIAL SECURITY NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERAL TAX RETURN, U.S. TREASURY DEPARTMENT FORM 941. (d) "MINORITY" INCLUDES: (i) BLACK (ALL PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL GROUPS NOT OF HISPANIC ORIGIN); Page 15 (ii) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL 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 ALASKAN NATIVE (ALL PERSONS 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 CONSTRUCTION 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 A HOMETOWN PLAN APPROVED BY THE U.S. DEPARTMENT OF LABOR 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) SHALL 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 PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO TAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4) THE CONTRACTOR SHALL IMPLEMENT THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED IN PARAGRAPHS (7)(a) 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 COVERED AREA. COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE FEDERAL REGISTER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY-F CT-N F DIRAL CONTRACT COMPLIANCE PROGRAM OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS. THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. (5) 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. Page 16 (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, INTIMIDAT ON, 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 -SITE 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. (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTIFICATION TO MINORITY AND FEMALE RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS 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 FEMALE OFF -THE -STREET APPLICANT AND MINORITY OR FEMALE 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 HALL FOR REFERRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL 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-JOB TRAINING OPPORTUNITIES AND/OR PARTICIPATE IN TRAINING PROGRAMS FOR THE AREA WHICH EXPRESSLY 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 SHALL PROVIDE NOTICE OF THESE PROGRAMS TO THE SOURCES COMPILED UNDER (7)(b) ABOVE. Page 17 (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 PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR; AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORK IS PERFORMED. (g) REVIEW, AT LEAST ANNUALLY, THE COMPANY'S EEO POLICY AND AFFIRMATIVE ACTION OBLIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING ANY RESPONSIBILITY FOR HIRING, ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ONSITE SUPERVISORY PERSONNEL SUCH AS SUPERINTENDENTS, GENERAL FOREMEN, 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 SUBCONTRACTORS 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 FEMALE RECRUITMENT AND TRAINING ORGANIZATIONS 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 THE CONTRACTOR'S WORKFORCE. (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41 C.F.R. PART 60-3. (1) 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. Page 18 (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICATIONS, 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 SHALL BE PROVIDED TO ASSURE PRIVACY BETWEEN THE SEXES. (o) DOCUMENT AND MAINTAIN A RECORD OF ALL SOLICITATIONS OF OFFERS FOR SUBCONTRACTS FROM MINORITY AND FEMALE CONSTRUCTION CONTRACTORS AND SUPPLIERS, INCLUDING CIRCULATION OF SOLICITATIONS TO MINORITY AND FEMALE CONTRACTOR ASSOCIATIONS 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 OBLIGATIONS. (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE IN VOLUNTARY ASSOCIATIONS WHICH ASSIST IN FULFILLING ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTH IN PARAGRAPHS (7)(a) 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 OR MORE OF ITS OBLIGATIONS UNDER (7)(a) THROUGH (p) OF THESE SPECIFICATIONS, PROVIDED THAT THE CONTRACTOR ACTIVELY PARTICIPATES IN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE 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 PARTICIPATION, 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 AND FEMALE, AND ALL WOMEN, BOTH MINORITY 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 GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECIFIC MINORITY GROUP OF WOMEN IS UNDERUTILIZED). (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. Page 19 (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 FULFILLING ITS OBLIGATIONS UNDER THESE 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, OR LABORER), DATES OF CHANGES IN STATUS, HOURS WORKED PER WEEK IN THE INDICATED TRADE, RATE OF PAY, AND LOCATIONS AT WHICH THE WORK WAS PERFORMED. RECORDS SHALL 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. The Recipient hereby agrees that it will ensure that the notice set o-rtTi below shall be included in, and shall be a part of, all solicitations 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 Compliance Programs of the Department of Labor at 41 C.F.R. Section 60-4.2: Page 20 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246): (1) THE OFFEROR'S_OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS" SET FORTH HEREIN. (2) (a) 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: TIME -TABLES GOALS FOR MINORITY GOALS FOR FEMALE PARTICIPATION FOR PARTICIPATION IN EACH TRADE EACH TRADE INSERT GOALS FOR INSERT GOALS FOR EACH YEAR EACH YEAR THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION. (b) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS IN 41 C.F.R. PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION 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. 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 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 SHALL 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 OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR; 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. Page 21 (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. Part 5 the following provisions shall be incorporated in all construction contracts of $2,000 let by the Recipient in carrying out the project. UPON THE SMIE�M ft WU.K,(WILLLBEMPAIDNICS AND UNCONDITIONALLYSANDPNOTED OR 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 C.F.R. PART 3)), THE FULL AMOUNTS DUE AT THE TIME OF PAYMENT COMPUTED AT WAGE RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETERMINATION DECISION OF THE SECRETARY OF LABOR WHICH WAGE DETERMINATION DECISION 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; 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 ANTICIPATED UNDER SECTION 1(b)(2) OF THE DAVIS-BACON ACT, 40 U.S.C.§ 276a(b)(2), 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)(1)(iv): ALSO FOR THE PURPOSE OF THIS CLAUSE, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD UNDER PLANS, FUNDS, OR PROGRAMS, BUT COVERING THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. (b) 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 DETERMINATION, AND A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE DEPARTMENT OF TRANSPORTATION (DOT) TO THE SECRETARY OF LABOR. IN THE EVENT THE INTERESTED PARTIES CANNOT AGREE ON THE PROPER CLASSIFICATIONS OR RECLASSIFICATION OF A PARTICULAR CLASS OF LABORERS AND MECHANICS, INCLUDING APPRENTICES AND TRAINEES, TO BE USED, THE QUESTION, ACCOMPANIED BY THE RECOMMENDATION OF THE CONTRACTING OFFICER SHALL BE REFERRED TO THE SECRETARY OF LABOR FOR FINAL DETERMINATION. (c) THE CONTRACTING OFFICER SHALL REQUIRE, 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 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, ACCOMPANIED BY THE RECOMMENDATION OF THE CONTRACTING OFFICER, SHALL BE REFERRED TO THE SECRETARY OF LABOR FOR DETERMINATION. Page 22 (d) 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 COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM OF A TYPE EXPRESSLY LISTED IN THE WAGE 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. DOT MAY WITHHOLD OR CAUSE TO BE WITHHELD FROM THE CONTRACTS $U_9UUrOF 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 WORK, 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. (a) PAYROLLS AND BASIC 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, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT.. 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)(iv) 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 COMMITMENT 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. (b) THE CONTRACTOR WILL SUBMIT WEEKLY A COPY OF ALL PAYROLLS TO THE RECIPIENT FOR TRANSMITTAL 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 LESS 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 COPELAND REGULATIONS OF THE SECRETARY OF LABOR (29 C.F.R. PART 3) AND THE FILING WITH THE INITIAL PAYROLL OR ANY SUBSEQUENT Page 23 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 SHALL 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 INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL INCLUDE A NOTATION ON THE FIRST WEEKLY CERTIFIED PAYROLLS SUBMITTED TO THE CONTRACTING AGENCIES THAT THEIR EMPLOYMENT IS PURSUANT TO AN APPROVED PROGRAM AND SHALL IDENTIFY THE PROGRAM. (4) APPRENTICES AND TRAINEES. (a) APPRENTICES. APPRENTICES WILL BE PERMITTED TO WORK AT I-E-ST-THANHE PREDET�TM AEb—RATE FOR THE WORK THEY PERFORMED WHEN THEY ARE EMPLOYED 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 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 IN ANY CRAFT CLASSIFICATION SHALL 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 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 JOURNEYMEN HOURLY RATES) FOR THE AREA OF CONSTRUCTION PRIOR TO USING ANY APPRENTICES ON THE CONTRACT WORK. THE WAGE RATE PAID APPRENTICES SHALL 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 PERMITTE6-TO-WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO OR INDIVIDUALLY REGISTERED IN PROGRAM WHICH HAS RECEIVED PRIOR APPROVAL, EVIDENCED BY FORMAL CERTIFICATION, Page 24 BY THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT 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 LISTED 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 SHALL 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 FURNISH 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 UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (c) 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 C.F.R. PART 30. (5) COMPLIANCE WITH COPELAND REGULATIONS 29 C.F.R. PART 3). THE CONTRACTOR 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 (9) AND (14) MAY BE GROUNDS.FOR TLRMIEUM OF THE CONTRACT, AND FOR DEBARMENT AS PROVIDED IN 29 C.F.R. 5.6. (7) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PAR WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT 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. Page 25 (8) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. IN THE EVENT OF ANY VIOLATION OF THE CLAUSER ). THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THEREFOR SHALL BE LIABLE TO ANY AFFECTED EMPLOYEE FOR HIS UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR 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 EMPLOYED 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 (7). (9) WITHHOLDING FOR LIQUIDATED DAMAGES. DOT MAY WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYST OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR, SUCH SUMS AS MAY ADMINISTRATIVELY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED -IN THE CLAUSE SET FORTH IN SUBPARAGRAPH (8). (10) FINAL LABOR SUMMARY. THE CONTRACTOR AND EACH SUBCONTRACTOR SHALL FURNISH TU THE RECIPILNI, UPON THE COMPLETION OF THE CONTRACT, A SUMMARY OF ALL EMPLOYMENT, INDICATING, FOR THE COMPLETED PROJECT, THE TOTAL HOURS WORKED AND THE TOTAL AMOUNT EARNED. (11) FINAL CERTIFICATION. UPON COMPLETION OF THE CONTRACT, THE CONTRACTOR SHALL SUBMIT TO THE REPURMENT 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 APPLICABLE TO THE WAGE RATE PAID. SIGNATURE AND TITLE Page 26 (12) NOTICE TO THE RECIPIENT OF LABOR DISPUTES. WHENEVER THE CONTRACTOR HAS ACKNOWLEDGED DISPUTE IS DELAYING OR THREATENS TO DELAY THE TIMELY PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR" SHALL IMMEDIATELY GIVE NOTICE THEREOF, INCLUDING ALL RELEVANT INFORMATION WITH RESPECT THERETO, TO THE RECIPIENT. (13) DISPUTES CLAUSE. (a) ALL DISPUTES CONCERNING THE PAYMENT OF. PREVAILMUVRA-GrTRATES OR CLASSIFICATIONS SHALL BE PROMPTLY REPORTED TO 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, SHALL BE FINAL. (b) ALL QUESTIONS RELATING TO THE APPLICATION OR INTERPRETATION OF THE COPELAND ACT, 40 U.S.C. 276c, THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. §§ 327-333, THE DAVIS-BACON ACT, 40 U.S.C. § 276a,.OR SECTION 13 OF THE URBAN MASS TRANSPORTATION ACT, 49 U.S.C. § 1609, 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) INSERTION IN SUBCONTRACTS. THE CONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS IN SUBSECTIONS (1) THROUGH (14) OF THIS SECTION AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS WHICH THEY MAY ENTER INTO, TOGETHER._ WITH A CLAUSE REQUIRING THIS INSERTION IN ANY FURTHER SUBCONTRACTS THAT MAY IN TURN BE MADE AND SUCH OTHER CLAUSES AS THE GOVERNMENT MAY BY APPROPRIATE INSTRUCTIONS REQUIRE. e. Contract Security. The Recipient shall follow the requirements of OMB. Circular A-102, as amended, or A-110, as may be appropriate, and Federal... (UMTA) guidelines with regard to bid guarantees and bonding requirements,. ,. f. Insurance During Construction. The Recipient shall, at a minimum, follow the nsurance requiremenf-s-n-o—rm—aTly required by their State and local governments. g. Si ns. The Recipient shall cause to be erected at the site of cons rion, and maintained during construction, signs satisfactory to the Department of Transportation identifying the Project and indicating that the Government is participating in the development of the Project. h. Safety Standards. Pursuant to section 107 of the Contract Work Hours and Safet—standards -Act and Department of Labor Regulations at 29 C.F.R. § 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or.under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under '. construction and health standards promulgated by the Secretary of Labor. i. Liquidated Damages. The Recipient shall include in all contracts for construct on a clause providing for liquidated damages, where appropriate. Liquidated damages clauses are appropriate if the parties may reasonably expect to suffer damages (increased costs on the project involved) from the late completion of the construction and the extent or amount of such damages would be -difficult or impossible to discuss. The assessment for damages shall be at a specified rate per day for each day of overrun in contract time; and Page 27 the rate must be specified in the third party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. Section 112. Environmental, Resource, and Energy Protection and Conservation Requirements. a. Compliance with Environmental Standards. The Recipient shall comply with the provisions ot the Clean Air Act, as amended (42 U.S.C. § 1857 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. § 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 under ownership, lease or supervision, whether directly or under contract, that will be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency's (EPA) 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, EPA regulations (40 C.F.R. Part 15). The Recipient and any third -party contractor thereof shall be responsible for reporting any violations to the Government (UMTA) and to the EPA Assistant Administrator for Enforcement. In addition, the Recipient shall notify UMTA of the receipt of any communication 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 by EPA. b. Air Pollution. No facilities or equipment shall be acquired, constructed, or improved as a part of the Project unless the Recipient obtains satisfactory assurances that they are (or will be) designed and equipped to limit air pollution as provided in accordance with the External Operating Manual and in accordance 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 the Department of Transportation. d. Historic Preservation. The Recipient shall assist the Government (UMTA) in its compliance w t 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: (1) 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 the Government (UMTA) of the existence of any such properties; and Page 28 (2) Complying with all requirements established by the Government to avoid or mitigate adverse effects upon such properties. e. Energy Conservation. The Recipient and its third party contractors shall recognizemandatorytndards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321 et seq.). Section 113. Patent Rights. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project which invention, improvement, or discovery may be patentable under the Patent Laws of the United States of America or any foreign country, the Recipient shall immediately notify the Government (UMTA) and provide a detailed report. The rights and responsibilities of the Recipient, third party contractors and the Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies, and any waivers thereof. Section 114. 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; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. b. All "subject data" first produced in the performance of this Agreement 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 manner or form, nor authorize others to do so, without the written consent of the Government until such time as the Government may have released such data to the public; this restriction, however, does not apply to Agreements with Academic Institutions. Page 29 c. The Recipient agrees to grant and does hereby grant to the Government and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world: (1) To publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, 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 Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use, or disposition of any data furnished under this Agreement. e. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. f. Sections 114.c. and d. above are not applicable to material furnished to the Recipient by the Government 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. g. In the event that the Project, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data generated under that Project shall become subject data,as defined in the Rights in Data clause in this Agreement and shall be delivered as the Government may direct. This clause shall be included in all third -party contracts under the Project. Section 115. Cargo Preference - Use of United States -flag Vessels. a. 46 U.S.C. § 1241 provides in pertinent part as follows: (b)(1) Whenever the United 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 reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies Page 30 in connection with the furnishing of such equipment, materials, or commodities, 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 commodities (computed 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 commercial vessels, in such manner as will insure a fair and reasonable participation of United States -flag commercial vessels in such cargoes by geographic areas: . (2) Every department or agency having responsibility under this subsection shall administer its programs with respect to this subsection under regulations issued by the Secretary of Commerce ... . b. Pursuant to regulations published by the Secretary of Commerce 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 commodities may be transported by ocean vessel in carrying out the Project: THE CONTRACTOR AGREES -- (1) 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-LADING IN ENGLISH FOR EACH SHIPMENT OF CARGO DESCRIBED IN PARAGRAPH (1) ABOVE TO THE RECIPIENT (THROUGH THE PRIME CONTRACTOR IN THE CASE OF SUBCONTRACTOR BILLS -OF -LADING) AND TO THE DIVISION OF NATIONAL CARGO, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, 400 SEVENTH STREET, S.W., WASHINGTON, D.C. 20590, 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 116. Bum America. Each third party contract utilizing UMTA funds obligated after an—J u�, 1963, must comply with Section 165 of the Surface Transportation Assistance Act of 1982, P.L. 97-424, 49 U.S.C. § 1601 note (the Buy America provision), and UMTA regulations and/or guidance issued to implement this statutory provision. Page 31 Section 117. Charter and School Bus Operations. a. Charter Bus. The Recipient, or any operator of mass transportation, acting on 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. § 1602(f), and regulations pertaining to Charter Bus Operations, set forth at 49 C.F.R. Part 604 and any amendments that may be issued. Any agreement entered into under these regulations is incorporated into this Agreement by reference. b. School Bus. The Recipient, or any operator of mass transportation acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition 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. § 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 C.F.R. Part 605 and any amendments thereto that may be issued. Any agreement entered into under these regulations is incorporated into this Agreement by reference. Section 118. Nondiscrimination on the Basis of Handicap. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth at 49 C.F.R. Part 27, and any amendments thereto. Section 119. Flood Hazards. The Recipient shall comply with the flood insurance purchase requirements with respect to construction or acquisition purposes, of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012(a). ` I Section 120. Privacy. Should the Recipient, its third party contractors or its employees as miter any system of records on behalf of the Federal Government, the following terms and conditions are applicable: a. The Recipient agrees: (1) To comply with the Privacy Act of 1974, 5 U.S.C. § 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; Page 32 (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 information will be retrieved by the individual's name 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. The 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 Government 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 awarded 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. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Recipient, third party contractors 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 civil and criminal penalties for violations of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to comply with the provisions of the Act or of this clause will make this Agreement subject to termination.. c. The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance 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, radical 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 Government 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. Page 33 Section 121. Miscellaneous. a. Bonus or Commission. The Recipient warrants that it has not paid, and also agrees not to pay, any bonus or commission 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 notwithstanding, nothing in the Agreement shall require the Recipient to observe or enforce compliance 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 the Government (UMTA) in writing in order that appropriate changes and modifications may be made by the Government and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. c. Records. The Recipient, and any mass transportation operator for which it applies wi 1, for each local fiscal year ending on or after July 1, 1978, conform to the reporting system and the uniform system of accounts and records to the extent required by section 15 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1611, effective for each local fiscal year ending on or after July 1, 1978, and Federal (UMTA) regulations. d. Seve�rabiliitt If any provision of this Agreement is held invalid, the remainder r of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 34 'U.S. GOVERNMENT PRINTING OFFICEt 1983-0-381-428/3153