HomeMy WebLinkAbout16212 RES - 04/29/1981- ArRESOLUTION
AUTHORIZING THE AMENDMENT OF UMTA CAPITAL GRANT
TX-05-0014-01 TO INCLUDE AN ADDIT-IONAL LINE ITEM
FOR SHOP AND_GARAGE-EQUIPMENT; AUTHORIZING THE, CITY
MANAGER TO:SUBMIT THE REVISED PROJECT BUDGET TO
THE U.S. DEPARTMENT OF TRANSPORTATION; AND
DECLARING AN EMERGENCY.
WHEREAS; the Secretary of Transportation is authorized to make
grants for mass transportation projects; and
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, including the provision by it of
the local share of project costs; and
WHEREAS, it is required by the U.S. Department of Transportation
in accord with the provisions of Title VI 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
the assurance that it will comply with Title VI of the Civil Rights Act
of 1964 and the U.S. Department of Transportation requirements 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 definitive procedures shall be established and
administered to ensure that minority businesses shall have the maximum
feasible opportunity to compete for contracts when procuring construction
contracts, supplies, equipment contracts or consultant and other services:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is authorized to execute and
file a technical amendment to UMTA Grant TX -05-0014-01 on behalf of the City
of Corpus Christi, Texas, with the U.S. Department of Transportation, to
permit the inclusion of one additional line item, entitled: "Shop and
Garage Equipment", into the project line item budget and to revise the line
item cost estimates accordingly.
i % 21.2
MICROFILMED
SEP 2 71884
0
SECTION 2. That the City Manager is hereby authorized to execute
and file such amendment and assurance or any other document required by the
U.S. Department of Transportation effectuating the purpose of Title VI
of the Civil Rights Act of 1964.
SECTION 3. That the City Manager is authorized to furnish such
additional information as the U.S. Department of Transportation may require
in connection with the application of the project.
SECTION 4. That the City Manager is authorized to set forth and
execute affirmative minority business policies in connection with the
project's procurement needs.
. SECTION 5. That the City Manager is authorized to execute grant
contract agreements on behalf of the City of Corpus Christi with the U.S.
Department of Transportation for aid in the financing of operating assistance
projects.
SECTION 6. That the necessity to authorized the above resolution
at the earliest practicable date creates a public emergency and necessity
requiring the suspension of the Charter rule that no ordinance or resolution
shall be passed finally on the date of its introduction but that such ordinance
or resolution shall be read at three several meetings of the City Council, and
the Mayor or Council members, having declared that such emergency and necessity
exist, having requested the suspension of the Charter rule and that this
resolution be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO RESOLVED, this the 2y day of April, 1981.
ATTEST:
til e"2
'City Secretary '
APPROVED:
2-7 DAY OF APRIL, 1981:
J. BRUCE COCK, CITY ATTORNEY
By
Assistant Ci 'orney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
29 day of , 19 y/
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally on the date
it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
_Council Members
The Charter rule
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYOR- (/
The City of Corpus Christi, Texas
was suspended by the following vote:
by
the following
vote:
r
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
• NOTIFICATION OF GRANT APPROVAL
49 U.S.C.$ 1604
SECTION 5 CAPITAL GRANT CONTRACT
AMENDATORY AGREEMENT
PARTI
Project No, TX -05-0014
Amendment No. 03
GRANTEE: City of Corpus Christi
MASS TRANSPORTATION SYSTEM: Corpus Christi Transit System
ESTIMATED NET PROJECT COST: $639,610.00
FEDERAL SHARE:
$511,688.00
DATE OF I3(c) CERTIFICATION LETTER FROM
THE DEPARTMENT OF LABOR:
June 2, 1981
IDENTIFICATION OF SOURCES OF FEDERAL FINANCIAL
ASSISTANCE:
Not Available
PROJECT DESCRIPTION:
Purchase one 20 -foot air-conditioned bus for the elderly t', handicapped;
Purchase four 25 -foot air-conditioned diesel buses;
Purchase two 35 -foot air-conditioned diesel buses;
Purchase one coin -sorter counter;
Purchase seven 2 -way radios;
Purchase seven registering farebokes; and
Purchase sixteen shelters.
Date of original 13(c) June 11, 1976
Date original contract was signed by DOT November 2, 1977
AUG 12 1981
DATE
04/4
REGIONAL ADMINISTRATOR, REGION VI
APPROVED PROJECT BUDGET
Grant Project No. TX -05-0014-03
Applicant- City of Corpus Christi
The project budget and corresponding cost estimates are as follows:
Project Budget
Line Item Code
10.,01.33
10.01.55
10.01.22
10.02.04'
10.02.08
Description
AUG 121981
Amount
Purchase of four 25 -foot air-conditioned $280,297
diesel buses
Purchase two 35 -foot air-conditioned 207,558
diesel buses
Purchase one 20 -foot air-conditioned 49,677
bus for elderly and handicapped
Purchase one coin sorter counter and even 20,130
registering fareboxes
Purchase seven two-way radios 9,268
Minaliga
10.09.01 Purchase sixteen shelters 25,722
32.00.00 ' Contingency 10,458
Code Year
• APPROVED FINANCING
ESTIMATED GROSS PROJECT COST $ 639,610
Revenue Financing $ -0-
ESTIMATED NET PROJECT COST $ 639,610
Description Amount
21.10.00 Urban Formula (Tier 1),
21.30.00 Supplemental (Tier 2)
21.50.00 Rail Capital
21.20.00 Bus Capital
Total Federal Grant (80%)
Local Share (20%)
Maximum Federal funds to be expended under
this grant $ 511,688
$511,688
$ 127,922
kt{
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
GRANT
49 U.S.C. § 1604
(SECTION 5 - CAPITAL ASSISTANCE)
PART I
THIS GRANT, effective on the date specified in the
Notification of Grant Approval is entered into by and between
the United States of America ("Government") and the Grantee
named in the Notification of Grant Approval.
In consideration of the mutual covenants, promises, and
representations herein, the parties hereto agree as follows:
Sec. 1. Purpose of Grant - The purpose of this Grant
is to provide for the undertaking of an urban mass transpor-
tation capital improvement project ("Project") with Government
financial assistance to the Grantee in the form of a capital
grant ("Grant"), under Section 5 of the Urban Mass Trans-
portation Act of 1964, as amended, ("Act"), and to state the
terms and conditions upon which such assistance will be
provided and the manner in which the Project will be under-
taken and completed and the Project facilities/equipment used.
Sec. 2. The Project - The Grantee agrees to undertake
and complete the Project, and to provide for the use of the
Project facilities/equipment, substantially as described in
its Application, incorporated herein by reference, filed with
and approved by the Government, and in accordance with the
terms and conditions of this Grant. The "Project Description"
on the Notification of Grant Approval describes the Project to
be funded under this Grant.
Sec. 3. The Grant - (a) In order to assist the Grantee
in financing that portion of the total cost of the Project
which the Department of Transportation (DOT) has determined
cannot reasonably be financed from revenues of the public
transportation system in which the Project.facilities/equipment
are to be used ("Net Project Cost"), such Net Project Cost
being estimated to be that amount stated in the Notification
of Grant Approval, the Government will make a Grant in an
amount equal to eighty percent (80%) of the actual Net Project
Cost, as determined by DOT upon completion of the Project, or
in the amount designated as Maximum Federal Share in the
Notification of Grant Approval, whichever is the lesser.
Form UMTA F 2002
Rev. 5/20/80
Page 1
(b) The obligation of the Government to
Grant payments in any fiscal year shall not e
amount provided in the Project Budget for the
in which requisitions therefor are submitted
under letter of credit are made.
Sec. 4. Local Share - The Grantee agree
provide from sources other than (a) Federal f
may otherwise be authorized by Federal statut
from the use of the Project facilities/equipm
of the public transportation system in which
equipment are used, funds in an amount suffic
with the Grant, to assure payment of the actu
Cost. State or local tax revenues which are
operation of public mass transportation service in the area
involved may be credited (to the extent necessary) toward
.the non -Federal share of the cost of the Proje t. The
Grantee further agrees that no refund or reduc ion of the
amount so provided below the level of Federal ssistance
will be made at any time, unless there is at t e same time
a refund to the Government of a proportional a ount of the
Grant.
ake Federal
ceed the
fiscal year
r drawdowns
that it will
nds (except as
), (b) receipts
nt, or (c) revenues
uch facilities/
ent, together
1 Met Project
sed for the
Sec. 5. Fares and Services - The Grantee
assures that in compliance with Section 5(i) o
regulations issued thereunder, at 49 C.F.R. Pa
A, it will not institute increases in fares or
changes in service during the period after May
which Section 5 assistance is requested except
(a) after having held a public hearing or
an opportunity for such hearings, after a
notice;
(b) after having given proper considerati
and comments expressed in such hearings;
(c) after having given consideration to t
energy conservation, and the economic, en
and social impact of the change in such f
service.
Sec. 6. Maintenance of Effort - (a) The G
that the Federal financial assistance provided
this Grant will be supplementary to and not in
for the average amount of State and local gover
and other transit revenues, expended on the ope
public mass transportation service in the area
the two fiscal years preceding the fiscal year
the funds are made available as defined in Sect
the Act and any implementing guidelines and reg
issued by UMTA: provided, however, that in acc
Section 5(f) and any implementing guidelines an
Page 2
agrees and
the Act and
t 635, Subpart
substantial
17, 1980 for
having afforded
equate public
n to the views
nd
e effect on
ironmental,
re or such
antee agrees
ursuant to
ubstitution
ment funds
ation of
nvolved for
or which
on 5(f) of
lations
rdance with
regulations:
•
(1) If such State and local government funds or other
transit revenues used to support public mass transportation
operations are reduced, there shall be no loss of Federal
assistance under Section 5, if such reduction is offset by
an increase in operating revenues through changes in fare
structure.
(2) If the Secretary finds that the Grantee has reduced
operating costs without reducing service levels, the Grantee
may make a proportionate reduction in the amount of revenues
required to be expended under this Subsection.
(3) If such State and local government funds or other
transit revenues are reduced and (a) such reductions are not
offset by an increase in operating revenues through changes
in the fare structure, or (b) the Grantee has reduced operating
costs which reductions result in reduced service levels,
reductions in Federal assistance shall be determined in
accordance with guidelines and regulations issued pursuant
to Section 5(f).
(b) Any failure on the part of the Grantee to comply
with this Section shall be deemed a violation of the terms
of this Grant, and the Government may in its discretion take
either or both of the following actions: (1) terminate all
of the financial assistance provided pursuant to this Grant;
and (2) require the Grantee to return to the, Government any
financial assistance provided pursuant to this Grant.
Sec. 7. Use of Project Facilities/Equipment - The
Grantee agrees to observe the property management standards
as set forth in OMB Circular A-102, Attachment N, or OMB
Circular A-110, Attachment N, as appropriate, as now or
hereafter amended. Exceptions to the requirements of
Attachment N must be specifically approved by UMTA. If,
during the period, any Project facilities/equipment
are not used in mass transportation service, whether by
planned withdrawal or casualty loss, the Grantee shall
immediately notify the Government and shall remit to the
Government a proportional amount of the fair market value,
if any, of the property, which shall be determined on the
basis of the ratio of the grant made by the Government to
the actual cost of the Project. Fair market value shall be
deemed to be the value of the property as determined by
competent appraisal at the time of such withdrawal from use
of misuse, or the net proceeds from public sale, whichever
is approved by UMTA. In the event of loss due to
Page 3
casualty or fire, the damages paid by the i surance carrier
or payable from the self-insured reserve ac ount shall be
considered fair market value. In no event .s salvage value
to be considered fair market value.
The Grantee shall keep satisfactory re
to the use of the property and submit to th
request such information as is required in
compliance with this Section and shall imme
UMTA in all cases in which Project faciliti
used in a manner substantially different fr
in the Project Description. The Grantee sh
amount and form satisfactory to the Governm
or self-insurance as will be adequate to pr
facilities/equipment throughout the period o
use. The cost of such insurance shall not
allowable cost. The Grantee shall also sub
ment at the beginning of each calendar year
period, a certification that the Project fa
are still being used in accordance with the
Section and that no part of the local contri
cost of the Project has been refunded or red
authorized above.
ords with regard
Government upon
rder to assure
iately notify
s/equipment are
m that described
11 maintain in
nt such insurance
tect Project
required
e an item of
it to the Govern -
during such
ilities/equipment
erms of this
ution to this
ced, except as
Sec. 8. Labor Protection - The Grantee agrees to
undertake, carry out, and complete the Proje t under the
terms and conditions determined by the Secre ary of Labor
to be fair and equitable to protect the inte ests of
employees affected by the Project and meetin• the require-
ments 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 identifi
of certification to the Government from the
Labor on the date set forth in the Notificat
Approval, which letter and any documents cit
letter are incorporated into this Grant by r
Grant is subject to the conditions stated in
of Labor letter.
d in the letter
epartment of
on of Grant
d in that
ference. The
the Department
Sec. 9. Procurement of Rolling Stock a d Buses -
In accordance with any guidelines issued by MTA the Grantee
shall make third party contract awards for t e acquisition
of rolling stock, including buses, only afte consideration
of performance, standardization, and life-cy le costs, in
addition to the consideration of initial cap'tal costs.
Where necessary, the Secretary will assist the Grantee in
making such evaluations.
Page 4
Sec.10. Special Conditions - The Grantee agrees and
assures that the rates charged elderly and handicapped
persons during nonpeak hours for transportation utilizing or
involving the facilities and equipment financed pursuant to
this Grant will not exceed one-half of the rates generally
applicable to other persons at peak hours, whether the
operation of such facilities and equipment is by the applicant
or is by another entity under lease or otherwise.
Sec. 11. The Grant - This Grant consists of the Notifi-
cation of Grant Approval; this Part I, Form UMTA F 2002,
Rev. 5/20/80, entitled Grant; and Part II, Form UMTA F 5E,
Rev. 5/20/80, entitled Urban Mass Transportation Agreement,
Terms and Conditions. Should the grant award letter include
special conditions for this Project, that letter is incor-
porated herein by reference and made part of this Grant.
The approved Project 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 do not increase the total amount
of the Federal grant shall only require prior authorization
from UMTA and the issuance of a New Project Budget.
Sec. 12. Execution of Grant - This Grant may be simul-
taneously executed in several counterparts, each of which
shall be deemed to be an original having identical legal
effect. When signed by the Government, this Grant should be
executed by the Grantee within ninety (90) days after the
Obligation Date. The Government may withdraw its obligation
hereunder if the Grant is not executed within the above
ninety -day period. The effective date of the Grant shall
be the Obligation Date.
The Grantee does hereby ratify and adopt all statements,
representations, warranties, covenants, and materials sub-
mitted by it, and does hereby accept the Government's award
of financial assistance and agrees to all of the terms and
conditions of this Grant.
f/4-1"
Executed this moi' day of
ATTEST: y
. Bil G. Read
August
BY:
, 1981 •
City Secretary, City of Corpus Christi, Tx City Manager, City of Corpus Christi,Tx
TITLE AND ORGANIZATION
TITLE AND ORGANIZATION
Page 5
Certificate of Grantee's Attorney
I, J. Bruce Aycock , acting as Attorney for
hereby certify that I have examined this Gra
ascertained/ ha xe tion of the Grant was
the date orLIoI A copy of this autho
a pr i
attached or as pr viously been submitted to
execution of this Grant and the proceedings
Grantee are in all respects due and proper a
with applicable State and local law. I furt
that, in my opinion, said Grant constitutes
binding obligation of the Grantee in accorda
terms thereof and certify that to the best o
there is no legislation or litigation pendin
which might affect the performance of the Pr
with the terms 9f this Grant.
Dated this 3�� day of August, .19 81
Page 6
e Grantee do
t and have
uthorized on
ization is
UMTA. The
aken by the
d in accordance
er certify
legal and
ce with the
my knowledge
or threatened
ject in accordance
S NA RE
City Attorne
TITLE AND
e Aycock
, City of Corpus Christi, Tx.
ORGANIZATION
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION 1 »flNISTRATION
NIASHINGICN, D.C. 21590
URBAN MASS TRANSPORTATION AGREEMENT
PART II
TERMS AND CONDITIONS
for Projects under Section 3, 5, 6, or 8,
of the Urban Mass Transportation Act of
1964 as amended 49 U.S.C. S 1601 et seq.,
for Mass Transportation Projects under
the Federal Aid Highway Act of 1973,
as amended, 23 U.S.C. § 103 et seq.,
or for Section 175 of the Clean Air Act
Amendments of 1977, 42 U.S.C. § 7505.
Man TThITA F 5E
Prv. `/20/80
a..
TABLE OF CCNTENTS
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) Fluids of the Recipient 2
(d) Submission of Proceedings, Contracts, and Other
Documents 3
(e) Changed Conditions Affecting Performance 3
(f) No Government Obligations to Third Parties 3
(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 4
(d) Documentation of Project Costs 4
(e) Checks, Orders and Vouchers 4
(f) Audit and Inspection 5
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) Letter of Credit 6
(e) Interest on Late Payments 7
Section 106. Right of Government to Terminate 7
Section 107. Project Completion, Settlement and Close -Out 7
Section 108. Contracts of the Recipient 7
Section 109. Restrictions, Prohibitions, Controls, and Labor
Provisions 8
(a) Equal Employment Opportunity 8
(b) Small, Minority and Women's Business
Enterprise 8
(c) Title VI - Civil Rights Act of 1964 10
(d) Competitive Bidding 10
(e) Ethics 10
(f) Interest of Members of or Delegates to
Congress 11
Section 110. Construction Contracts 11
(a) Nondiscrimination 11
(b) Specifications 14
(c) Notice 21
(d) Labor Provisions 22
(e) Changes in Construction Contracts 29
(f) Contract Security 29
(g) Insurance During Construction 29
(h) Signs 29
(i) Liquidated Damages Provision 30
(j) Provisions of Construction Contracts 30
(k) Actual Work by Contractor 30
(1) Force Account 30
(m) Safety Standards 30
i
Section 111. Environmental, Resource, and Energy
Conservation ui nts
(a) Compliance with Environmental S
(b) Air Pollution
(c) Use of Public Lands
(d) Historic Preservation
(e) Energy Conservation
Section 112. Patent Rights
Section 113. Rights in Data
Section 114. Cargo Preference - Use of United State -Flag
Vessels
Section 115. Buy America
Section 116. Charter and School Bus Operations
(a) Charter Bus
(b) School Bus
Section 117. Compliance with Elderly and Handic
Regulations
Section 118. Flood Hazards
Section 119. Privacy
Section 120. Miscellaneous
(a) Bonus or Commission
arra
(b) State and Territorial Law
(c) Records
(d) Severability
ii
30
30
31
31
31
31
31
34
35
36
37
37
37
37
37
38
39
39
39
40
40
•
DEPAR1Nf CF TRANSPORTATION
URBAN MASS TRANSPORTATION ADNINISPRATION
Ar
PART II — TERMS AND OONDITIOlS
Constituting part of the ALBEEHENT providing for federal
financial assistance under the provisions of the Urban Mass
Transportation Act of 1964, as amended, and/or the Federal Aid
Highway Act of 1973.
Section 101. Definitions. As used in this Agreement:
"Application" means the signed and dated proposal as may be amended
for federal financial assistance for the Project, together with all
explanatory, supporting, and supplerentary documents heretofore filed
with UMTA by or on behalf of the Recipient, which has been accepted
and approved by t PA.
"Approval, Authorization, Concurrence, Waiver" means a conscious,
written act by an authorized official of the Government granting
permission to the Recipient to perform or snit 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 mission of a specific act shall not
constitute permissicn to perform or omit similar acts unless such
broad permission is clearly stated. Oral permission or interpreta-
tions shall have no legal force or effect.
"External Operating Manual" means the most recent UMTA manual of
that title, which presents information about the tMFA programs,
application processing procedures, and guidance for administering
approved projects; There are also UMPA and DOT directives applicable
to the Project.
"Government" means the United States of America, or its cognizant
Agency, the Department of Transportation (DOr) or its Agency, the
Urban Mass Transportation Administration (UHMA) used hereafter
interchangeably.
"Mass Transportation" includes public transportation and means
transportation by bus, rail or other conveyance, either publicly
or privately owned, which provides to the public general or special
transportation service (but not including school buses, charter or
sightseeing service) to -the public on a regular and continuing basis.
•
"Project" means the task or set of tasks
budget which the Recipient undertakes to per
Agreement with U? A.
for in the Project
ormpursuant to the
"Project Budget" means the most recently dated s
UMTA, of the estimated total cost of the Project
deducted from such total in order to calculate
project cost, the maximum amount of the federal
Recipient is currently eligible, the specific i
contingencies and relocation) for which the tots
estimated cost of each of such items, and the
federal funds which may be disbursed in any fi
"Recipient" means any entity that receives fader
frau UMrA for the accomplishment of the Project.
includes any entity to which federal funds have
for the accomplishment of the Project.
"Secretary" means Secretary of the Department of
his duly authorized designee.
Section 102. Accomplishment of the Project.
(a) General Requirements. The Recipient shall commen
complete the Project with all practicable dispatc
economical, and efficient manner, and in acro
provisions hereof, the Application, and all appli
regulations.
(b) Pursuant to Federal, State, and Local Law. In
obligations pursuant to this Agreement, the Recip
tractors shall comply with all applicable provisi
State, and local law. A11 limits or standards se
Agreement to be observed in the performance of
minimum requirements, and shall not affect the a
restrictive State or local standards for the perf
Project; provided, however, in its procurement ac
to the Project, the Recipient shall not give any
discriminate against goods and services produced
any country, State, or other geographical area
in Section 115 below. The Recipient agrees
the requirements in Section 115, no Federal funds
support procurements utilizing exclusionary or di
specifications, nor shall federal funds be used f
ordinary governmental or nonproject operating
tement, approved by
the items to be
estimated net
ant for which the
(including
may be spent, the
imam amount of
1 year.
financial assistance
The term "Recipient"
passed through
ansportation or
, carry on, and
, in a sound,
with the
le laws and
formance of its
t and its con-
s of Federal,
forth in this
Project are
lication of more
of the
ons pursuant
ference to or
manufactured in
ept as provided
that notwithstanding
shall be used to
riminatory
r the payment of
ses.
(c) Funds of the Recipient. The Recipient shall"ini te and prosecute
to completion all 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.
2
•
(d) Submission of Proceedings, Contract and Other Documents. The
Recipient shall submit to the Government such data, reports, records,
contracts and other documents relating to the Prosect aa the Government
may require. The Recipient shall retain intact, for three years
following Project close-out, all Project documents, financial
records, and supporting documents.
(e) Changed Conditions Affecting Performance. The Recipient shall immedi-
ately notify LMPA 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
Aycemanent.
(f) No Goverment Obligations to Third Parties. The Government shall
not be subject to any obligations or liabilities by contractors
of the Recipient or their subcontractors or any other person not
a party to this Aareament in connection with the oerfornance of
this Project -without its specific consent and notwithstanding its
concurrence in or approval of the award of any contract or sub-
contract or the solicitation thereof.
(g) Land Acquisition Policy. Any acquisition of land for use in connection
with the Project mist conform 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 the Recipient. The 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.
Section 104. Accounting Records.
(a) Project Accounts. The Recipient shall establish and maintain as
a separate 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 A-110, as may be appropriate.
Funds Received or Made Available for the Project. In accordance with
the provisions of OMB Circular A-102, as amended, or 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, all Project payments received by it frau
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 rust be
collaterally secured as provided in 12 U.S.C. S 265 and implementing
regulations or in applicable UMMA procedures. A separate bank account
may be required when drawdowns are made by letter of credit.
(b)
3
(c) Allowable Costs. ,FScpenditures made by the Recippnt shall be reim-
bursable as allowable costs to the extent they meet all of the'
requirements set forth below. They must:
(1) be made in conformance with the Project Description arra
the Project Budget and all other provisions of s Agreement;
(2) be necessary in order to accomplish the Project;
(3) be reasonable in amount for the goods services purchased;
(4) be actual net costs to the Recipient (i e., the price paid
minus any refunds, rebates, or other iters of ue received by
the Recipient that have the effect of reducing the cost actually
incurred;)
(5) be incurred (and be for work performed) after the date
of this Agreement, unless specific authorization from UMTA to the
contrary is received;
(6) be in conformance with the standards for allowability of
ousts set forth in Federal Management Circular ( ) 74-4 and
with any guidelines or regulations issued by in the case of
Projects with educational institutions, the s arils for allowability
of cost set forth in Office of Management and Bu4get (OMB) Circular
A-21 Revised, rather than the standards of FTC 7 -4, shall apply;
(7) be satisfactorily documented; and
(8) be treated uniformly and consistently accounting
principles and procedures approved or prescribed by AMfA for the
Recipient; and those approved or prescribed by Recipient for
its contractors.
(d) Documentation of Project Costs. All costs charged to the Project,
including any approved services contributed by the Recipient or
others, shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers evidending in detail the
nature and propriety of the charges.
(e) Checks, Orders, and Vouchers. Any check or order drawn by the
Recipient with respect to any item that is or will be chargeable
against the Project Account will be drawn only accordance with
a properly signed voucher then on file in the of 'ce of the
Recipient stating in proper detail the purpose fo which such check
or order is drawn. All checks, payrolls, invoi , contracts,
vouchers, orders, or other accounting documents in whole
or in part to the Project shall be clearly identi ied, readily
accessible, and, to the extent feasible, kept se to and apart
frau all other such documents.
4
(f) Audit ea Inii*cti,n, The Recipient shall permit, and shall require
its contractors to permit, the Secretary and the Comptroller General
of the United States, or any of their duly authorized respresentatives
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.
Recipients that are State or local governments or Indian tribal govern-
ments shall be responsible for meeting the audit requirements of OMB
Circular A-102, Attachment P, or any revision or supplement thereto. The
Recipient is responsible for auditing third party contracts and agreements.
UmmA also may require the Recipient to furnish at any time prior to
closeout of the Project, audit reports prepared in accordance with generally
accepted accounting principles. In the case of Section 5 operating
projects, subsequent to the close of the local fiscal year for which
which operating assistance is sought, the Recipient shall furnish a
final audit report prepared by a State or local government independent
audit agency or an independent public accountant which shall include
as a minimae a Statement of Revenue and E,rpense, a Statement of
Ganges in Financial Position, arra a Maintenance of Effort Calculation
of the mass transportation operator for the assisted local fiscal
year.
Section 105. Requisitions and Payments.
(a) Requests for Payment by the Recipient. The Recipient may make
requests for payment of the federal share of allowable costs, and
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. Recipients shall follow the procedures set forth in UMTA
Circular 9050.1. In order to receive federal assistance payments, the
Recipient must:
(1) oanpletely execute and submit to UMMA the information
required by Standard Form 270;
(2) submit to 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 requiisition period;
(4) have submitted to 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 information in satisfactory farm, the Government will
process the requisition if the Recipient is complying with its
obligations pursuant to the Agreement, has satisfied UMTA 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,
5
the Cdverrtent will reimburse apparent allowable
to be incurred during the requisition period) by
to the maximum amount of the federal assistance
fiscal year in which the requisition is submitted
Project Budget. However, reimbursement of any co
this section shall not constitute a final date
sts incurred (or
Recipient up
yable through the
as stated in the
t pursuant to
tics by the
Government of the allowability of such cost and shall not constitute
a waiver of any violation of the terms of this - t committed
by the Recipient. The Government will make a fi determination
as to allowability only after final audit of the eject has been
conducted.
In the event that UMTA determines that the Recipi- t is not currently
eligible to receive any or all of the federal f requested, it
shall promptly notify the Recipient stating the asons for such
determination.
(d) Disallowed Costs. In determining the amount of - federal assistance, UMTA
will exclude all Project costs incurred by the Re ipient prior to
the date of this Agreement, or prior to the date •f the approved
budget for the Project, whichever is earlier vele =s an authorized
representative of UMTA advises in writing to the ••'trary; any
costs incurred by the Recipient which are not p • ided for in the
latest approved budget for the Project; and any is attributable
to goods or services received under a contract or other arrangement
which has not been concurred in or approved in writing by UMTA.
Exceptions to the above statement on disallowed costs are oontained
in the External Operating Manual or in written gu,idanoe from UMTA.
(d) Letter of Credit. Should a letter of credit be Issued to the
Recipient, the following terms and conditions in foamsnce with
31 C.F.R. Part 205, are applicable:
(1) the Recipient shall initiate cash
actually needed for Project disbursements.
(2) the Recipient shall report its cash distlursements and
balances in a timely mariner as required by the t•
(3) the Recipient shall provide for effects control and
accountability for all Project funds in woo with require-
ments and procedures issued by the Government for use of the letter
of credit.
(4) the Recipient shall impose on its sabre ipients all the
requirements of Section 105(d) (1) (2) and (3) above as applicable.
(5) should the Recipient fail to adhere to
Section 105(d) (1) (2) (3) and (4) above, the
the unobligated portion of the letter of credit.
requirements of
t may revoke
6
(6) Section 105(a), (b), and (c) above remain effective to the
extent that they do not conflict with the provisions of section 105(d).
(e) Interest on Late Payments. Upon notice by UMMA to the Recipient of
specific amounts due the Government, the Recipient shall promptly
rant any excess payment of amounts or disallowed costs to UMMA.
Interest may be assessed frau 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.
Section 106. Right of Government to Terminate. Upon written notice to
the Recipient, the Government reserves the right to suspend or terminate
all or part of the financial assistance provided herein if the Recipient
is, or has been, in violation of the terms of this Agreement or if UJA
determines that the purposes of the Act would not be adequately served
by continuation of federal financial assistance for the Project. Any
failure to make progress or other violation of the Agreement which
significantly endangers substantial performance of the Project within
a reasonable time shall be deemed to be a violation of the terms of
this Agreement. Termination of any part of the financial assistance
will not invalidate obligations properly incurred by the Recipient and
concurred in by UAIIA prior to the date of termination, to the extent
they are noncancellable. The acceptance of a remittance by the Government
of any or all Project Funds previously received by the Recipient or
the closing out of federal financial participation in the Project shall
not constitute a waiver of any claim which the Government may otherwise
have arising out of this Agreement.
Section 107. Project Completion, Settlement, and Close-out. Upon sem nessful
completion of the Project or upon termination by UMMA, the Recipient shall,
within 90 days of the completion date of the Project, submit a final
Financial Status Report (Standard Form 269), a certification or summary
of Project expenses, and third party audit reports, when applicable. Upon
receipt of this information, UM or an agency designated by 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 this Agreement. If UMTA has made payments to the Recipient in excess of
the total amount of such federal assistance, the Recipient shall promptly
resit to UMMA such excess and interest as may be required by section
105(e). Project closerout occurs when UMMA 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 UMCA.
Close-out shall not invalidate any continuing obligations imposed on the
Recipient by this Agreement or contained in the final notification or
acknowledgement frau UMMA.
Section 108. Contracts of the Recipient. The Recipient shall not execute
any lease, pledge, mortgage, lien, or other contract touching or affecting
Project facilities or equipment, nor shall it obligate itself in any other
manner, with any third party with respect to the Project, unless such lease,
pledge, mortgage, lien, contract, or other Obligation is expressly authorized
in writing by DOT; nor shall the Recipient, by any act or omission of any
kind, impair its continuing control over the use of Project facilities or
equipment during the useful life thereof as determined by DOT.
1
Section 109. Restrictions Prohibitions Controls - Labor Provisions.
(a)Employment Opportunity. In connection with the carrying out
Olte Project, the Recipient shall not discr' ' to against any
employee or applicant for employment because of r•--, color, age,
creed, sex, or national origin. The Recipient - 11 take affirmative
action to ensure that applicants are employed, • that employees
are treated during employment, without regard to -ir race, color,
religion, sex, age,or national origin. Such acti• shall include,
but not be limited to, the following: employment4 upgrading, demotion
or transfer, recruitment or recruitment advertis g, 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 on:y to show the
particular contractual relationship) in all of its contracts
in connection with the development or operation o the Project, except
contracts for„standard commercial supplies or raw materials and
construction contracts subject to the provisions f Section 110 (a)
of this Agreement, and shall require all such con actors to insert
a similar provision in all subcontracts, except tracts for
standard commerical supplies or raw materials.
If, as a condition of assistance, the Recipient ha sabnitted,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 11 be treated as
a contractual obligation; and failure to carry ou the terms of that
equal employment opportunity program shall be tr ted as a violation
Lf this Agreement. Upon notification to the peci ient of its failure
to carry out the approved program, the Government will impose such
remedies as it may deem appropriate, which ranedi s may include
termination of the Agreement as provided in Sec 106 of this
Agreement or other measures that may affect the aai�lity of the
Recipient to obtain future financial assistanceaider the Urban
Mass Transportation Act of 1964, as amended, or the Federal Aid
Highway Act of 1973, as amended.
(b) Minority and Wren's Business Enterprise. The ipient shall be
responsible for meeting the applicable regulation regarding
participation by minority business enterprise ( ) 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 section 23.43 of hose regulations:
(1) Policy. It is the policy of the Depart
that minority business enterprises, as defined in
shall have the maximum opportunity to participate
of contracts financed in whole or in part with fe
this agreement. Consequently, the MBE requiremen
Part 23 apply to this agreement.
8
ent of Transportation
49 C.F.R. Part 23,
in the performance
eral funds under
s of 49 C.F.R.
(2) MBE Obligation. ' The Rtoipitnt`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 aZZ 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-
aesioted contracts.
(3) If as a condition of assistance the Recipient has suimitted 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 stall impose such sanctions as
noted in 49 C.F.R. Part 23, Subpart E, which sanctions may include
termination of the Agreement or other measures that may affect the
ability of the Recipient to obtain future DOT financial assistance.
(4) The Recipient shall advise each subrecipient, contractor, and
subcontractor that failure to carry out the requirements set forth in
23.43(a) shall constitute a breach of contract and, after the notification
of the Department, may result in termination of the Agreement or contract
by the Recipient or such remedy as the Recipient deems appropriate.
(5) Recipients shall take, action concerning lessees as follows:
(A) Recipients shall not exclude MBE's from participation in
business opportunities by entering into long-term, exclusive agreements
with non -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) Recipients required to submit affirmative action programs
under section 23.41(a)(2) or (a)(3) that have business opportunities for
lessees shall submit to the Department for approval with their programs
overall goals for the participation as lessees of firms owned and controlled
by minorities and firms owned and controlled by women. These goals
shall be for a specified period of time and shall be based on the factors
listed in section 23.45(g)(5). Recipients shall review these goals at
least annually, and whenever the goals expire. The review shall analyze
projected versus actual MBE participation during the period covered by
the review and any changes in factual circznstanoes affecting the selection
9
of goals. Following each review, the Recipient shat
goals to the Department for approval. Recipients
their goals for MBE lessees shall demonstrate to the
writing that they made reasonable efforts to meet
(C) Except as provided in this section, Re
to include lessees in their affirmative action progr
are not subject to the reg irat nts of this Part, ex
of section 23.7 to avoid discrimination against MBE'
submit new overall
t fail to meet
Department in
goals.
ipients are requried
ins. Lessees themselves
ept for the obligation
(6) The Recipient agrees to include the clauses
and (2) of Section 109(b) above in all subsequent a
Recipient and any suhrecipient and in all subsequent
between the Recipient or subrecipients and any third
(c) Title VI Civil Rights Act of 1964. The Recipi
will assure the compliance by contractors and s
this Project with all the requirements imposed
Civil Rights Act of 1964 (49 U.S.C. S 2000d),
DOT issued thereunder, 49 C.F.R. Part 21 and
Recipient pursuant thereto.
(d) Coopetition in Procurement. The Recipient shal
Procurement Standards requirements set forth in
Circular A-102, as amended, or A-110, as may be
with any supplementary guidelines or regulatio
by the Government.
(e) _;hies. The Recipient shall maintain a written
of conduct which shall govern the performance o
employees or agents engaged in the award and
contracts supported by Federal funds. Such cod
no employee, officer or agent of the Recipient
the selection, or in the award or administratia
supported by federal funds if a conflict of into
apparent, would be involved. Such a conflict
of the parties set forth below has a financial
the firm selected for award:
10
in Subsection (1)
eements between the
DOT- assisted contracts
party contractor.
t will amply and
ntractors under
Title VI of the
e Regulations of
Assurance by the
comply with the
Attachment 0 of OMB
appropriate; and
as may be promulgated
code or standards
its officiers,
stration of
shall provide that
1 participate in
of a contract
rest, real or
uld arise when any
r other interest in
1. the employee, officer or agent;
2. any member of his innrdiate family;
3. his or her pertner; or
4. an organization which employs, or is about to employ, any
of the above.
The code shall also provide that the Recipient's officers, employees or
agents shall neither solicit nor accept gratuities, favors or anything
Of monetary value from contractors, potential contactors, or parties
to eubagrsavents.
The Recipient may set minimum rules where the financial interest
is not substantial or the gift is an unsolicited iter of nominal
intrinsic value.
Tb the extent permitted by State or local law or regulations, such
standards of conduct shall provide for penalties, sanctions, or
other disciplinary actions for violations of such standards by •
the Recipient's officers, employees, or agents, or by contractors
or their agents.
(f) Interest of Members of or Delegates to Congress. No member of or
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.
Sections 110. Construction Contracts.
(a) Nondiscrimination. 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 is paid for in
whole or in part with funds obtained from the Federal Government
or borrowed an the credit of the Fran Government pursuant to a
grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract,
loan, insuranoe, or guarantee, the following equal opportunity
clause:
11
i
•
During the performance of this contract, the
as follow:
(1) The contractor will not discriminate)
employee or applicant for employment because
religion, sex, or national origin. The conte
affirmative action to ensure that applicants
and that employees are treated during employm
regard to their race, color, religion, sex, o
Such action shall include, but not be limited
Employment, upgrading, demotion, or tranefer;lrecruitment or
recruitment advertising; layoff or termination; rates of pay-
or other forms of compensation; and selection for training,
including apprenticeship. The oontractor agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided setting fo th the provisions
of this nondiscrimination clause.
ontraotor agrees
against any
f race, color,
otor will take
re employed,
nt without
national origin.
to the following:
(2) The contractor will, in aZZ solicita
•dents for employees placed by or on behalf of
state that all qualified applicants will race
:'or employment without regard to race, color,
national origin.
(3) The contractor will send to each lab
sentative of workers with which he has a coll
agreement or other contract or understanding,
provided advising the said labor union or wor
of the contractor's commitments under this se
post copies of the notice in conspicuous plea
employees and applicants for employment.
ions or advertise -
the contractor,
ve consideration
religion, sex, or
r union or repre-
ctive bargaining
a notice to be
ers' representatives
tion, and shall
s available to
(4) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, de amended, and
of the rules, regulations, and relevant order of the Secretary
of Labor.
(5) The contractor will furnish all info tion and reports
required by Executive Order 1I246 of Septembe 24, 1965, as
amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permi access to hie
books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investi:aticn to
ascertain compliance with such rules, regulati'ns, and orders.
(6) In the event of the contractor's none mpliance with
the non-discrimination clauses of this Agreeme t or with any
of the aaid rules, regulations or orders, this Agreement may be
12
cancelled, to naiad;` or euepended in whole or in part and
the contractor may be declared ineligible for further
Government contracts or federally assisted construction
contracts in accordance with procedures authorised in
Executive Order 11246 of September 24, 1965, as anended,
and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965,
as amended, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so
that such provisiona shall be binding upon each subcontractor
or vendor. The contractor wiZZ take such action with respect
to any subcontractor purchase order as the administering
agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance; Provided, however,
That in the event a contractor becomes involved in, or ie
threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency,
the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
The Recipient further agrees that it will be bound by the above
equal opportunity clause with respect to its own 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,
instrumentality or subdivision of such government which does not
participate in work on or under the Agreement.
The Recipient agrees that it will assist and cooperate actively
with the administering agency and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The Recipient further agrees that it will refrain frau
entering into any contract or contract modification subject to
Executive Girder 11246 of September 24, 1965, as amended, with any
13
contractor debarred from, or who has not demons ted eligibility
for Govern snt contracts and federally assisted dcxutructicn contracts
pursuant to the Ekecutive Order and will carry cut such sanctions
and penalties for violation of the equal opporttality clause as
may be imposed upon contractors and suboontrby the administering
agency or the Secretary of Labor pursuant to Part II, Subpart D of
the Executive Order. In addition, the Recipient s that if itrt
fails or refuses to comply with these undertaking , the administering
agency may take any or all of the following actions: Cancel, terminate,
or suspend in whole or in part this Agreement (gr t, contract, loan,
insurance, guarantee); refrain frau extending any further assistance
to the Recipient under the program with respect which the failure
or refound occurred until satisfactory assurance o future compliance
has been received frau such Recipient; and refer case to the
Department of Justice for appropriate legal p s.
(b) Specifications. Recipient hereby agrees that it '11 incorporate or
cause to be incorporated the specifications set f th below in
all federal and federally assisted oontruction ooptracts, or modifi-
cations thereof, in excess of $10,000 to be performed in geographical
areas designated by the Director, Office of Feder1 Contract Compliance
Programs of the Department of Labor pursuant tot e Regulations of
the Secretary of Labor at 41 C.F.R. Section 60-4. and in construction
subcontracts in excess of $10,000 necessary in le or in part to
the performance of rnnconstruction federal contracts and subcontracts
covered under Executive Order 11246:
STANDARD FEDERAL EQUAL EMPLOYMENT OPFORTUNIT CONSTRUCTION
CONTRACT SPECIFICATIONS (Executive Order 112,6):
2. As used in these specifications:
a. "Covered area" means the geogra hical area
described in the solicitation from hich this
contract resulted;
b. "Director" means Director, Offi e of Federal
Contract Compliance Programs, Unite States
Department of Labor, or any person o 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 Depart-
ment Form 941.
14
d. "Minority" inoludes:
(i) Black (all persons having origins in any
of the Black African racial groups not of
Hispania origin);
(ii) Hispanic (all persons of Nexican, Puerto
Rican, Cuban, Central or South American or
other Spanish Culture or origin, regardless
of race);
(iii) Asian and Paaifio 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 con-
struction trade, it shall physically include in each subcontract
in excess of $20,000 the provision& of these specifications and
the Notice which contains the applicable goale for minority and
female participation and which is set forth in the solicitations
from which this contract resulted.
3. If the contractor is participating (pursuant to 41
C.F.R. 60-4.5) in the oovered area either individually or
through an association, its affirmative action obligations on
aZZ work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those tradea 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 perfonnanoe by other contractors or euboontractors
toward a goal in an approved Pian doss not excuse any covered
contractor's or suboncontraotor's failure to take good faith
efforts to achieve the Plan goals and timetables.
15
•
4. The contractor shall implement the s
action standards provided in paragraphs ?a th
specifications. The goals set forth in the e
which this contract resulted are expressed as
of the total hours of employment and training
and female utilisation the contractor should r
able to achieve in each construction trade in
employees in the coverd area. The contractor
make substantially uniform progress toward its
craft during the period specified.
ecific affirmative
ough p of these
licitation from
percentages
of minority
easonably be
which it has
8 expected to
goal in each
5. Neither the provisions of any collect:ve bargaining
agreement, nor the failure by a union with who the contractor
has a collective bargaining agreement, to refe either
minorities or women shall excuse the contracto 's obligations -
under these specifications, Executive Order 11 46, or the
regulatione promulgated pursuant thereto.
6. In order for the nonworking training
apprentices and trainees to be counted in meeti
such apprentices and trainees must be employed
during the training period, and the contractor
a commitment to employ the apprentices and trai
completion of their training, subject to the av
employment opportunities. Trainees must be tra
training programa approved by the U.S. Departme
urs of
g the goals,
by the contractor
must have made
Mees at the
zilability of
fined pursuant to
It of Labor.
7. The contractor shall take specific aff'rmative actions
to ensure equal employment opportunity. The evzluation of
the contractor's compliance with these specific tions shall
be based upon its effort to achieve maximum results from its
actions. The contractor shall document these a forte fully,
and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working envuronment free
of harassment, intimidation, and coercion t aZZ sites,
and in all facilities at which.the contrac or's employees
are assigned to work. The contractor, whe a possible,
wiil assign two or more women to each cons `ruction project.
The contractor shall specifically ensure that all foremen,
superintendents, and other on-site eupervie.ry personnel
are aware of and carry out the contractor's obligation
to maintain such a working environment, wit specific
attention to minority or female individuals working at
such sites or in such facilities.
16
b. Establish and maintain a current list of minority
and female recruitment sources, provide written notification
to minority and fimale.,reoruitment sources and'to
community-organisations when thireentraotor-or its' unions
have -employment- opportunities available, '`slid maintain—
a
"
a record. of..the'•organiaatione
c. Maintaina.current file of the namea,'addreaaes
and telephone numbers "of-each minority and female off-the-
street,applioant and minority or female referral from
a union,'a -recruitment bourse or community organisation
and of what action was taken with respect to each such-
individual.• If such individual waa 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.- .• ' '�`
. a : ill' : .. •, s t•, i Cd+ 4-4 1,`444
Pro vide'immiediate written notificationjto the
Director when the-union-or unions with which the-contractor
has a collective bargaining agreement has not re"ferred'to
the contractor a minority peraon or woman eent,by the
contractor, or-when-the contractor has other information
that -the union referral process hasimpeded the contractor's
efforts to meet its obligations. _
e. Develop on-the-site training opportunities and/or
participate in training programa for the area which expressly
include minorities and women, including upgrading programa
and apprentieeahip and trainee programs relevant to the"
contractor's employment needs especially those programa
funded or approved by the Department of Labor. The
contractor shall provide notice of these programa to the
sources compiled under 7 b above.
f. Disseminate the oontractor'e-EEO policy by "'"
providing notice of the policy to unions and training'"f
programa and-requeeting'their 000peration in aaeiating'w
the contractor" in meeting its EEO'obligatione;'by
including"it in any policy manual and collective
bargaining agreement; by''publioiaing .t'in',the Company_
newspaper,"annual report, etc:; by specific review_of 't
the policy with all management personnel and with'all °
minority and female employee, at-least once a year;
and by'poeting the o'ompany-EEO`policy on bulletin boards -
aooaesible to'all imPZoyees at each location
oonetruotion work ii-perfornad.
17
g. Review, at least annually, the c y's EEO
policy and affirmative aotion obligations r these
specifications with aZZ employees having an responsi-
bility for hiring, assignment, layoff, termination or
other employment decisions including apeoiftc review
of these items with onsite supervisory peraonnel such
as Superintendents, General Foreman, etc., prior to the
initiation of construction work at any job dite. A
written record shall be made and maintained identifying
the time and place of these meetings, persons attending,
subject matter discussed, and disposition o the subject
matter.
h. Disseminate the oontractor'e EEO po
by including it in any advertising in the ne.
specifically including minority and female n
and providing written notification to and di
contractor's EEO policy with other oontracto
contractors with whom the contractor does or
doing business.
icy externally
s media,
ws medic,
cussing the
s and sub -
anticipates
i. Direct its recruitment efforts, both oral and
written, to minority, female and community organizations,
to echoole with minority and female atudenta and to
minority and female recruitment and training organisations
serving the contractor's recruitment area and employment
needs. Not later than one month prior to th date for
the acceptance of applications for apprentic ship or
other training by any recruitment source, t contractor
shall send written notification to organiaat one such
as the above, describing the openings, eoree ing procedures,
and testa to be used in the selection proces .
j. Encourage present minority and fema a employees
to recruit other minority persons and women , where
reasonable, provide after aohool, summer and vacation
employment to minority and female youth both on the site
and in other areas of contractor's workforce.
k. Validate all teats and other eeleation require-
ments where there is an obligation to do ao u%tder 41
C.F.R. Part 60-3.
Z. Conduct, at Zeaat annually, an inventory and
evaluation at least of all minority and femal= personnel
for promotional opportunities and encourage t eae
employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
18
m. Ensure that seniority practices, job classifi-
cations, work assignments and other personnel praotioes,
do not have a discriminatory affect by continually
monitoring all personnel and employment related activities
to ensure that tha 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 solicita-
tions of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation
oLsolicitations to minority and female contractor associa-
tions and other business associations.
p. Conduct a review, at Zeaet annually, of all
supervisors' adherence to and performance under the
contractor's EEO poliaies and affirmative action obli-
gations.
8. Contractors are encouraged to participate in voluntary .
associations which assist in fulfilling one or more of their
affirmative action obligations (7a through p). The efforts
of a contractor association, joint aontraotor-union, contractor -
community, or other similar group of which the contractor is
a member and participant, may be asserted as fulfilling any
one of more of its obligations under 7a through p of these
Specifications provided that the contractor actively participates
in the group, makes every effort to assure that the group has
a poeitve 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 ite
individual goale and timetables, and can provide amiss 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 auoh 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 oontraetor, however,
is required to provide equal employment opportunity and to
take affirmative aotion for all minority groups, both male
19
andfemale, and all women, both minority and nor -minority.
Consequently, the contractor may be in violatrop of the
Executive Order if a particular group is employ�sd in a
subatantially disparate manner (for example, ev n though
the contractor has achieved its goals for women generally,
the contractor may be in violation of the Exeeu ive Order
if a specific minority group of women is underu ilised).
10. The contractor shall not use the goal and timetables
or affirmative action atandarde to discriminate against any
person because of race, color, religion, eex,.0 national
origin.
12. The contractor shall not enter into any subcontract
with any person or firm debarred from Governmen contracts
pursuant to Executive Order 11246.
12. The contractor shall car out such a actions
and
d
penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination
and cancellation of existing subcontracts as ma be imposed
or ordered pursuant to Executive Order 11246, a amended,
and its implementing regulations by the Office f Federal
Contract Compliance Programs. Any contractor w o fails
to carry out such sanctions and penalties ahall be in
violation of these specifications and Executive Order 11246,
as amended.
13. The contractor, in fulfulling its obZ
these specifications, shall implement specific
action steps, at least as extensive as those et
prescribed in paragraph 7 of these specificatio
achieve maximum results from its efforts to ens
employment opportunity. If the contractor fail
with the requirements of the Executive Order, t
gations under
ffirmative
ndards
8, so as to
re equal
to comply
e 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 s 't reports
relating to the provisions hereof ae may be req iced by the
Government and to keep records. Records shall t 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, sax, status (e.g., meehanic,apprentice, trainee, helper,
20
or laborer), dates of changes in statue, 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 recorde satisfy this requirement,
contractors shall not be required to maintain aeparate records.
15. Nothing herein provided ahall be construed as a
limitation upon the application of other Zaws which establish
different standards of compliance or upon the application
of requirements for the hiring of local or other area residents
(e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program.)
(c) Notice. Recipient hereby agrees that it will ensure that the
notice set forth below shall be included in, and shall be a part
of, all solicitions for offers and bids on all federal and federally
assisted construction contracts or subcontracts in excess of $10,000
to be performed in geographical areas designated by the Director,
Office of Federal Contract Compliance Programs of the Department
of Labor at 41 C.F.R. Section 60-4.6:
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246):
1. The Offeror's or Bidder's attention is called to
the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifi-
cations" est forth herein. -
2. The goals and timetables for minority and female
participation, expressed in percentage terms for the
contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:
Timetable Goals for
minority participation
for each trade
Goals for female
participation in
each trade
Insert goals for Insert goals for
each year. each year.
These goals are applicable to all the contractor's con-
struction work (whether or not it is federal or federally
assisted) performed in the covered area.
21
J
(d)
The contractor's conplianoe with the Exaoutve Order and the
regulations in 41 C.F.R. Part 60-4 shall be base on ite impls-
mantation of the Equal Opportunity Clause, epeoi io affirmative
action obligations required by the specifications set forth in
41 C.F.R. 60-4.3(a), and its efforts to meet the oale established
for the geographical area where the contract resulting from this
solicitation is to be performed. The hours of mi rity and female
employment and training must be substantially uni orm throughout
the length of the contract, and in each trade, the contractor
ahaZZ make a good faith effort to employ minoriti a and women
evenly on each of ite projects. The transfer of nority or female
employees or trainees from contractor to contract r or from project
to project for the sole purpose of meeting the co tractor's goals
shall be a violation of the contract, the Executi a Order and the
regulations in 41 C.F.R. Part 60-4. Compliance .th the goals will
be measured against the total work hours performs .
3. The contractor ahall provide writte notification
to the Director of the Office of Federal Con ract Compliance
Programs within 10 working days of award of ny construction
subcontract in excess $10,000 at any tier fo construction
work under the contract resulting from this olicitation.
The notification shall list the name, addres and telephone
number of the subcontractor; employer identi ication number;
estimated dollar amount of the subcontract; estimated starting
and completion dates of the subcontract; and the geographical
area in which the contract is to be performs .
4. As used in this Notice, and in the c ntract resulting
from this solicitation, the "covered area" is (insert
description of the geographical areas where t e contract
is to be performed giving the State, county a city, if any).
Labor Provisions. Pursuant to regulations set forth at 29
C . F . R . the following provisions shall be inco pore in all
construction contracts of $2, 000 let by the lecipi,§e,t in carrying
out the Project. _i(�
(1) Minimum wages. (i) All mechanics an
employed or working upon the site of the work
unconditionally and not lees often than once
without subsequent deduction or rebate on any
(except such payroll deductions as are permitt
lotions issued by the Secretary of Labor uncleri
land Act (29 C.F.R. Part 3)), the f4Zl amounts
time of payment computed at range rates not les
22
Zaborere
will be paid
week, and
account
ed by regu-
the Cope -
due at
than
those contained in the wage determination decieion
of the Secretary of Labor applicable to the Project,
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, contributione made or coats reasonably antici-
pated under section 1(c)(2) of the Davie -Bacon Act on
behalf of Zaborere or mechanise are considered wages
paid to eueh laborers or mechanics, subject to the
provisions of 29 C.F.R. 5.5 (a)(Z)(iv). Also for the
purpose of this clauee, regular contributions made or
coats incurred for more than a weekly period under plana,
funds, or programe,.but covering the particular weekly -
period, are deemed to be constructively made or incurred
during such weekly period.
(ii) The contracting officer shall require that any
class of laborers or mechanics, including apprentices
and trainees, which is not listed in the wage determination
and which is to be employed under the contract, shall be
alaesified or reclassified conformably to the wage deter-
mination, and a report of the action taken shall be sent
by DOT to the Secretary of Labor. In the event the interested
parties cannot agree on the proper classification or reclassifi-
cation of a particular class of Zaborere and mechanics,
including apprenticee 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.
(iii) The contracting officer shall require, whenever
the minimum wage rate prescribed in the contract for a
class of laborer° or mechanise includes a fringe benefit
which is not expreesed as an hourly wage rate and the
contractor is obligated to pay a cash equivalent of such
a fringe benefit, an hourly caeh equivalent thereof to
be eetabliehed. 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.
23
(iv) If the contractor does not make payme
trustee or other third person, he may consider
the wages of any laborer or mechanic the amount
reasonably anticipated in providing benefits un
or program of a type expressly listed in the wa4
decision of the Secretary of Labor which is a
contract: Provided, however, the Secretary of
found, upon the written request of the contract
applicable standards of the Davis -Bacon Act hav
The Secretary of Labor may require the contras
aside in a separate account assets for the meet
obligations under the plan or program.
is to a
s part of
of any costs
er a plan
e determination
rt of this
•bor has
r, that the
been met.
✓ to set
ng of
(2) Withholding. DOT may withhold or caue-
withheld from the contractor so much of the acc
or advances as may be considered neceseary to p•
and mechanics, including apprentices and trainer
by the contractor or any subcontractor on the
amount of wages required by the contract. In t
failure to pay any laborer or mechanic, ineludi
apprentice or trainee, employed or working on t
the work, all or part of the wages required by
DOT may, after written notice to the contractor,
applicant, or owner, take such action as may be
to cause the suspension of any further payment,
or guarantee of funds until such violations hav
(3) Payroll and Basic Records. (i) Payrol
records relating thereto will be maintained dura
of the work and preserved for a period of three
for all laborers and mechanics working at the si
Such records will contain the name and address
employee, his correct classification, rates of
rates of contributions or costs anticipated of
described in section 1(b)(2) of the Davie -Bacon
and weekly number of hours worked, deductions me
wages paid. Whenever the Secretary of Labor ha
29 C.F.R. 5.5 (a)(1) (vi) that the wages of any
mechanics include the amount of any costs reason
in providing benefits under a plan or program d
eection 1(b) (2)(B) of the Davis -Bacon Act, the
shall maintain records which show that the commi
provide such benefits ie enforceable, and that
or program ie financially responsible, and that
or program has been communicated in writing to
or mechanics affected, and records which show ti
anticipated or the actual cost incurred in proal
benefits.
24
to be
ed payments
y laborers
s, employed
rk the full
e event of
g any
e site of
he contract,
sponsor,
necessary
advance,
ceased.
s and basic
ng the couree
years thereafter
to of the work.
f each such
ay (including
he types
Act), daily
de and actual
found ander
laborers or
ably anticipated
scribed in
contractor
tment to
he plan
the plan
he laborers
costs
ding such
(ii) The contractor will submit weekly a copy of all
payrolls to the Recipient for transmittal to DOT. The oopy
shall be accompanied by a statement signed by the employer
or his agent indicating that ths'paifrolis are correct and
complete, that the wage rates oontained'°thsrein are not
lees than those determined by the Secretary of Labor and
that the claeeifiaations set forth for each laborer or
mechanic conform to the work to be performed. A submission
of the "weekly Statement of Compliance" which ie 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 payroll of a copy of any findings
by the Secretary of Labor under 29 C.F.R. 5.5 (a)(7)(iv)
ahaZl satisfy this requirement. The prime contractor shall
be responsible for the eubmieeion of copies of payroZie of
all subcontractors. The contractor will make the records
required under the labor etandards 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
payroiZe submitted to the contracting agencies that their employ-
ment is pursuant to an approved program and ehall identify the
program.
(4) Apprentices and Trainees.
(A) Apprentices. Apprentices wiZZ be permitted to work
at less than the predetermined rate for the work they perform
when they are employed and individually registered in a bona
fide apprenticeship program registered with the U.S. Depart-
ment of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognised by the Bureau, or if a person
ie employed in hie first 90 days of probationary employment
aa an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been
certified by the Bureau of Apprenticeehip and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment ae 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
25
an apprentice wage rate, who is not a trainee a defined in
subdivision (B) of this subparagraph or`ie not gietered or
otherwise employed as stated above, shall be pa'd the wage
rate determined by the Secretary of Labor for t e claeeifioation
of work he actually performed.
The contractor or subcontractor Will'be reouired to
furnish to the contracting officer or a repreeertative of
the Wage -Hour Division of the U.S. Department of Labor
written evidence of the regietration of his pro ram and
apprentices as well as the appropriate ratios d wage
rates (expressed in percentages of the journe n hourly
rates) for the area of construction prior to ue'ng any
apprentices on the contract work. The wage rate paid
apprentices shall not be Zeas than the appropriate percentage
of the journeyman's rate contained in the applicable wage
determination.
(B) Trainees. Except at; provided in 29 C.F.R. 5.15, trainees
will not be permitted to work at less than the p determined
rate for the work performed unless they are empZ yed pursuant
to or individually registered in a program which has received
prior approval, evidenced by formal certification, by the U.S.
Department of Labor, Employment and Training Adm^:nistration,
Bureau of Apprenticeship and Training. The ratio of trainees
to journeymen ehaZZ not be greater than that permitted under
the plan approved by the Bureau of Apprenticeehijj and Training.
Every trainee muet be paid at not less than the ate specified
in the approved program for his level of progree. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan pproved by
the Bureau of Apprenticeship and Training shall Ze paid not
less than the wage rate determined by the Secrey of Labor
for the classification of work he actually perforjmed. The
contractor or subcontractor will be required to rnish the
contracting officer or a representative of the W ge-Hour
Division of the U.S. Department of Labor written evidence
of the certification of his program, the regiet tion of
the trainees, and the ration and wage rates pree ribed in that
program. In the event the Bureau of Apprentice& ip and
Training withdraws approval of a training progrmr', the
contractor will no longer be permitted to utilise trainees
at Zeas than the applicable predetermined rate for the work
performed until an acceptable program ie approve
(C) Equal Employment Opportunity. The utilization of
apprentices, trainees and ,journeymen under this itert shall
be in conformity with the equal employment opportjatity
requirements of Exeoutive Order 11 246, as amendeed., and
29 C.F.R. Part 30.
26
(5) Compliance with Copeland,Regulations (29 C.F.R. Part 3).
The contractor shall comply with:ph.,Copeland Regulations
(29 C.F.R. Part $1 of the Secretary of Labor which are herein
incorporated by reference.
(6) Contract Termination; Debarment.
A breach of clauses (11 through (5) may be grounds
for termination 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 part
of the -contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any
laborer or mechanic in any workweek in which he is employed
on such work to work in =fees 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 lees
than one and one-half times his basic rate of pay for all
hours worked in excess of eight hours in any calendar day or
in excess of forty hours in such workweek, as the case may be.
(8) Violation; Liability for Unpaid weasel Liquidated Damages.
In the event of any violation of the clause set forth in
subparagraph (7), the contractor and any subcontractor
responsible therefor shall be'liable to any affected employee
for his upaid gages. In addition, such contractor and sub-
contractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a
territory, to such Dietriot or to such territory), for
liquidated damages. SUM liquidated damages shall be computed
with respect to each individual laborer or mechanic employee
in violation of the clause set forth in subparagraph (7), in
the sum of S10 for each calendar day on which each 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 moneys
payable on account of work performed by the contractor or
subcontractor, suoh sums as may administratively be determined
27
to be neoeeaary to satisfy any liabilities of such contractor
or subcontractor for liquidated damages as prov d in the
clause eat forth in subparagraph (8).
(10) Final Labor Summary.
The contractor and each subcontractor *hall furnish to
the Recipient, upon the completion of the contra t, a summary
of all employment, indicating, for the completed Project,
the total hours worked and the total amount ea d.
(11) Final Certificate.
Upon completion of the contract, the contra for shall
submit to the Recipient with the voucher for fi l payment
for any work performed under the contract a cert'ficate
concerning wages and classifications for laborer and
mechanics, including apprentices and trainees employed
on the Project, in the following form:
The undersigned, contractor on
(Contract No. )
hereby certifies that all laborere, mechanics, a,
and trainees employed by him or by a subcontract
work under the contract on the -Project have bean
at rates not less than those required by the con
provisions, and that the work performed by each
mechanic, apprentice or trainee conformed to the
set forth in the contract or training program pr
applicable to the wage rate paid.
prenticee
r performing
paid wages
toot
uoh laborer,
classifications
visions
Signature and title
(12) Notice to the Recipient of Labor Disputes.
Whenever the contractor has knowledge that y actual
or potential Labor diepute is delaying or threatens to delay
the timely performance of this contract, the contractor shall
immediately give notice thereof, including all rdlevant in-
formation with respect thereto, to the Reoipient.
(13) Disputes Clause.
(i) All disputes concerning the payment of prevailing
wage rates or olaseifieation shall be promptly reported to
28
the Reoipient for its referral to DOT for droieion 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.
(ii) All questions relating to the application or
interpretation of the Copeland Act, 40 U.S.C. S 276c, the
Contraot Work Houre Standards Act, 40 U.S.C. SS 327-333, the
Davis -Bacon Act, 40 U.S.C. S 276a, or Section 13 of
the Urban Mass Transportation Act, 49 U.S.C. S 2609, shaZZ
be sent to UMTA for referral to the Secretary of Labor for
ruling or interpretation, and such ruling or interpretation
shall be final.
(14) Convict Labor.
In connection with the performance of work under this
contract the contractor agrees not to employ any person "
undergoing sentence of imprisonment at hard labor. This
does not include convicts who are on parole or probation.
(15) Insertion in Subcontracts.
The contractor shall insert in aZZ oonetruetion euboontracts
the clauses eat forth in eubeactione (1) through (15) of this
section so that all of the provisions of this section will be
inserted in all construction subcontracts of any tier, and such
other clauses aa the Government may by appropriate instructions
require.
(e) Changes in Construction Contracts. Any changes in a construction
contract shall be submitted to DOT for prior approval unless the
gross amount of the changes is $100,000 or less, the contract was
originally awarded on a anpetitivve basis, and the change does
not change the scope of work or exceed the contract period.
Construction contracts shall include a provision specifiying that
the above requirement will be set.
(f) Contract Security. The Recipient shall follow the requirements
of CMB Circular A-102, as amended, or A-110, as may be appropriate,
and LETA guidelines with regard to bid guarantees and bonding requirements.
(g) Insurance During Cantructicn. The Recipient shall follow the
insurance requirements normally required by their State and
local governments.
(h) Signs. The Recipient shall cause to be erected at the site of
construction, and maintained during construction, signs
29
satisfactory to DOT identifying the Project and
Government is participating in the development o
(i) Liquidated Damages Provision. The Recipient
for construction, a clause satisfactory to DOT
damages, if (1) DOT may reasonably expect to
costa on the grant project involved) .frau the la
construction and (2) the extent or amount of
difficult or 3osaible to assess. The asses
at a specified rate per day for each day of ove
deducted frau payments otherwise due the oontrac
must be satisfactory to DOT, must 1e specified
(j) Provisions of Construction Contract. The terms
competitively bid construction contract are subj
DOT if the estimated cost will exceed $25,000,
that such prior approval is waived in writing by
requirements of this Section 110, each construct'
contain, among others, provisions required by
of Section 109 hereof.
Actual Work by Contractor. The Recipient shall
contractor perform, u,3 the site and with his own
to at least 10 percent of the total amount of
by his contract.
ting that the
the Project.
1 include in all contracts
iding er damagesr(1 reseed
completion of the
damages would be
t for damages shall be
in contract time
. This rate, which
the contract.
conditions of each
t to prior approval by
less and to the extent
DOT. in addition to the
on contract shall
sections (e), and (f)
e that a construction
staff, work equivalent
truction work covered
Force Account. If costs of construction performed
Recipient are estimated to exceed $25,000, prior
be obtained or else such costs may not be inclu
Project Costs.
Safety Standards. Pursuant to Section 107 of
Hours and Safety Standards Act and Department of
29 C.F.R. § 1926, no laborer of mechanic working
contract shall be required to work in surrounding
ing conditions which are unsanitary, hazardous, o
his or her health and safety as determined under
and health standards pranulgated by the Secretary
Section 111. Environmental Resource, and
by employees of the
oval of DOT must
as eligible
Contract Work
r Regulations at
a construction
or under work -
dangerous to
on
of Labor
tion and Conservation
(a) Compliance with Environmental Standards. The Rao
comply with the provisions of the Clean Air Act,
U.S.C. S 1857 et seq.); the Federal Water Polluti
amended (33 U.S.C. S 1251 et seq.); and impleman
in the facilities which are involved in the Proj
federal assistance is given. The Recipient shall
facilities under ownership, lease or supervision,
or under contract, that shall be utilized in the
the Project are not listed an the EPA's List of V
Contracts, subcontracts, and subgrants of amounts
$100,000 shall contain a provision which requires
all applicable standards, orders, or requirements
Section 306 of the Clean Air Act (42 U.S.C. 1857(
of the Clean Water Act (33 U.S.C. 1368), Ekecuti
and E nviromnerntal Protection Agency (EPA) regula
Part 15). The Recipient and any third -party con
shall be responsible for reporting any violations
30
pient shall
amended (42
Control Act, as
regulations,
t for which
that the
whether directly
lishment of
olating Facilities.
in excess of
compliance with
issued under
)), Section 508
Order No. 11738,
(40 C.F.R.
actor thereof
to UIQ► and to
the EPA Assistant Administrator for Enforcement. In addition, the
Recipient shall notify UMPA of the receipt of any oanmrnication
frau the Director of the EPA Office of Federal Activities indicating
that a facility to be utilized in the Project is under consideration
for listing in EPA.
. (b) Air Pollution. No facilities or equipment shall be acquired, constructed.
or improved as a part of the Project unless the Recipient obtains satis-
factory assurances that they are (or will be) designed and equipped to
limit air pollution as provided in the External Operating Manual and
in 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 frau an historic site of national, State, or local
significance as sO determined by such officials may be used for the
Project without the prior concurrence of DOT.
(d) Historic Preservation. The Recipient shall assist USA in its compliance
with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological
and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct
of investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that
are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity,
and notifying UMFA of the existence of any such properties, and by (b)
complying with all requiranents established by UMFA to avoid or mitigate
adverse effects upon such properties.
(e) Energy Conservation. The Recipient and its third party contractors shall
recognize mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (P.L. 94-163).
Section 112. Patent Rights.
(a) Whenever any invention, improvement, or discovery (whether or not patentable)
is conceived or for the first time actually reduced to practice, by the
Recipient or its employees, in the course of, in connection with, or under
the teams of this Agreement, the Recipient shall immediately give the
Secretary of DOT, through UMFA, or his authorized representative written
notice thereof; and the Secretary shall have the sole and exclusive power
to determine whether or not and where a patent application shall be filed,
and to determine the disposition of all rights in such invention, improve-
ment, or discovery, including title to and rights under any patent appli-
cation or patent that may issue thereon. The determination of the
Secretary on all these matters shall be accepted as final, and the Recipient
agrees that it will, and warrants that all of its employees who may be
the inventors will, execute all documents and do all things necessary
or proper to the effectuation of such determination.
31
(b) Except as otherwise authorized in writing by the . or
his authorized representative, the Recipient shal obtain patent
agreements to effectuate the provisions of this c :use frac all
persons who perform any part of the work under - Agreement,
except such clerical and manual labor personnel - will have no
access to technical data.
(c) Except as otherwise authorized in writing by the _.. =tary or,
his authorized representative, the Recipient will insert in each
third -party contract having design, test, exper' =,tal, develop-
mental, or research work as one of its purposes, • • isions
making this clause applicable to the third -party •• tractor and
its employees.
(1) The Recipient and the third -party contractor, each, may reserve
a revocable, nonexclusive, royalty -free license ' each patent'
application filed in any country on each inven subject to this',.
clause and resulting patent in which the acquires title. -
The license shall extend to the third -party can •ctor's daneatic, iii,
subsidiaries and affiliates, if any, within the ••rporate structure
of which the third -party contractor is a part and shall include the
right to grant sublioenses of the same scope to extent the` : V
third -party contractor was legally obligated to -- so at the time i'.
the contract was awarded. The license shall be ansferable and;,
with approval of UMTA except when transfer tot successor of
y :.•)
that part of,the third -party contractor's basins to which the
invention pertains.
(d)
r
(2) The third -party contractor's nonexclusive tic license
retained pursuant to paragraph (d)(1) of this cla may be re eked;;.
or modified by UMMA to the extent necessary to eve expeditious
practical application of the Subject Invention er 41 C.F.R.
101-4.103-3 pursuant to an application for exclus' license submitted
in accordance with 41 C.F.R. 101-4.104-3. This 1' shall not
be revoked in that field of use and/or the geogra 1 areas in
which the third -party contractor has brought the tion to the
point of practical application and continues to the benefits
of the invention reasonably accessible to the pub 'c. The third -
party contractor's nonexclusive license in any f gn country
reserved pursuant to paragraph (d)(1) of this clani(se may be revoked
or modified at the discretion of BMA to the extent the third -party
contractor or his domestic subsidiaries or affi tes have failed
to achieve the practical application of the invention in that
foreign country.
(3) Before modification or revocation of the 1
paragraph (d)(2) of this clause, UMMA shall
contractor a written notice of its intention to
32
, pursuant to
the third -party •
ify or revoke .thp
license, and the third -party contractor t.rac-tor shall be allowed 30 days
(or such lunger period as nay be authorized by U€P. for good cause
shoran in writing by the third -party contractor) after the notice to
show cause why the license ahairld not be modified or revoked. The
third -party contractor shall have the right to appeal, in accordance
with procedures prescribed by ddMMA,any decision concerning the
modification or revocation of his license.
(e) Ir. the event no inventions, ioprovements,or discoveries (whether
or not patentable) are conceived, or for the firet t:.rac actually
reduced to practice by the Recipient, its employees, its third -
party contractors, or their employees, in the course of, in
connection with, or under the terms of this Agreement, the Recipient
shall so certify to the Secretary or his authorized representative,
no later than the date on which the final report of work done, is
due.
(f) If the Recipient or the third -party contractor is permitted to fi1c
patent applications pursuant to this Agreement. the following
statement shall be included within the first paragraph of the
specification of any such patent application or patent:
The invention described herein was made in the course
of, or under, a Project with the Department of Trans-
portation.
(g) In the event the Recipient or the third -party contractor is permitted
to acquire principal rights pursuant to this clause and fails to
take effective steps within 3 years after issuance of a patent
on any patent applications permitted to be filed pursuant to this
clause to bring the claimed invention to the point of practical
application, the Secretary or his authorized representative may
revoke such rights or require the assignment of such rights to the
Goverment.
(h) The Secretary or his authorized representative shall, before the
expiration of three (3) years after final payment under this
grant, have the right to examine any books, records, documents,
and other supporting data of the Recipient which the Secretary or
his authorized representative shall reasonably deer directly
pertinent to the discovery or identification of inventions
falling within the criteria set out'in paragraph (a), or to
compliance by the Recipient with the requirenente of this clause.
The Secre=tary or his authorized representative shall, during
the period specified above, have the further right tc require the
Recipient to examine any books, records. documents, and other
supporting data of the third -party contractor which the Reeipient
shall reasonably deem directly pertinent to the discovery or
33
identification of inventions falling within the�iteria sat
out in paragraph (a) or to compliance by the third -part
contractor with the requirements of the patent rl clause
of the third -party contract.
Section 113. Rights in Data.
(a) The term "subject data" as used herein means recorded information,
whether or not copyrighted, that is delivered o4 specified to be
delivered' under this Agreement. The tern incl graphic or
pictorial delineations in media such as drawing or photographs;
text in specifications or related performance design -type
documents; machine forms such as punched cards, gnetic tape,
or computer memory printouts; and information rptarned in computer
memory. Examples include, but are not limited tb, engineering
drawings and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog i identifications,
and related information. The term does not inc financial
reports, cost analyses, and similar information idental to
contract administration.
(b) All "subject data" first produced in the perf
mrnt shall be the sole property of the
agrees not to assert any rights at common law or
to establish any claim to statutory copyright in
for its own internal use, the Recipient shall no
reproduce such data in whole or in part, or in
not authorize others to do so, without the writ
Government until such time as the Government may
such data to the public; this restriction,
apply to Agreements with Academic institutions.
(c) The Recipient agrees to grant and does hereby gr
ment and to its officers, agents, and employees
scope of their official duties, a royalty -free,
and irrevocable license throughout the world (1)
translate, reproduce, deliver, perform, use, and
any manner, any and all data not first produced
the performance of this Agreement but which is
the work furnished under this Agreement; and (2)
others so to do.
(d) The Recipient shall indemnify and save and hold
m nt, its officers, agents, and employees acting
of their official duties against any liability,
and expenses, resulting from any willful or inte4
by the Recipient of proprietary rights, copyright
of this Agree -
t. The Recipient
equity and not
such data. Except
publish or
y manner or form,
consent of the
have released
, does not
t to the Govern -
within the
lusive,
to publish,
dispose of, in
composed in
ated in
to authorize
ess the Govern -
within the soope
luding costs
ticnal violation
, or rights of
34
privacy, arising out of the publication, translation, zraduction,
delivery, performance, use, or disposition of any date ffuurrnniished
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) In the event that the Project, which is the subject of this Agreement.
is not completed, for any reason whatsover, all data generated
under that Project shall became subject data as defined in the
Rights in Data clause in this Agreement and shall be delivered as
the Government may direct. This clause shall be included in all
third -party contracts under the Project.
(g) Paragraphs (c) and (d) above are not applicable to material furnished
to the Recipient by the 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.
Section 114. Cargo Preference - Use of United States -Flag Vessels.
(a) 46 U.S.C. S 1241 provides in pertinent part as follows:
(b)(1) Whomever 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 in connection
with the furnishing of such equipment, materials, or commodities,
odities,
the appropriate agency or agencies shall take sudh steps as may
be necessary and practicable to assure that at least 50 per centum
of the gross tannage of such equipment, materials, or commodities
(computed separately for dry bulk carriers, dry cargo liners, and
tankers), which may be transported an privately owned United States -
flag oa nercial vessels, to the extent such vessels are available
at fair and reasonable rates for United States -flag cammercial
vessels, in such manner as will insure a fair and reasonable partici-
pation of United States -flag oaamercial 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
35
(b)
Pursuant to regulations published by the Secreta 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 vessel in
carrying out the Project:
The contractor agrees --
(1) To utilize privately owned United Stated
vessels to ship at least 50 percent of the gross
separately for dry bulk carriera, dry cargo liner
involved, whenever shipping any equipment, materi,
pursuant to this section, to the extent such vers
at fair and reasonable rates for United States -fl
vessels.
flag commercial
onnage (computed
, and tankers)
Zs, or commodities
le are available
g commercial
(2) To furnish within 30 days following the ate of loading
for shipments originating within the United State , or within 30
working days following the date of loading for sh'pment originating
outside the United States, a legible copy of a ra ed, "on -board"
commercial ocean bill -of -lading in English for ea h shipment of
cargo described in paragraph (l) above to the Rec.pient (through
the prime contractor in the case of subcontractor bills -of -lading)
and to the Division of National Cargo, Office of arket Develop-
ment, Maritime Adminiatration, Washington, D.C. 27230, marked
with appropriate identification of the Project.
(3) To insert the substance of the provision of this clause
in all subcontracts issued pursuant to this contrzct.
Section 115. Buy America.
Pursuant to Section 401 of the Surface Tr
Act of 1978 P.L. 95-599, Nov. 6, 1978, and
thereunder, Recipient agrees that if the
Project or ►y amendment thereto exceeds $500,00
are obligated by the Government after November 6
shall require with respect to any third party
that exceeds $500,000 that only such tamenuf
and supplies as have been mined or prnduoed in
and only such manufactured articles, materials,
been manufactured in the (kited States substan
articles, materials, and supplies mined,
as the case may be, in the United States, will
unless a waiver of these provisions is granted.
tion Assistance
tions published
cost of this
,and if funds therefor
,I 1978, the Recipient
tract thereunder
articles, materials,
United States,
supplies as have •-- ri_.
y all from
or manufactured,
used in such Project,
.36
Upon written request to the Secretary, the Recipient may request
a waiver of the above provisions. Such waiver may be granted if
the Secretary determines: r .. _ -
(1) their application would be inconsistent with the public
interest;
(2) in the case of acquisition of rolling stock, their appli-
cation would result in unreasonable cost (after granting appropriate
price adjustments to domestic products based on that portion of
Project cost likely to be returned to the United States and to
the States in the form of tax revenues);
(3) supplies of the class or kind to be used in the manufacture
of articles, materials, supplies are not mined, produced, or
manufactured in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(4) that inclusion of domestic material will increase the
cost of the overall Project contract by more than 10 per centum.
Section 116. Charter and School Bus Operations.
(a) Charter Bus. The Recipient, or any operator of mass transportation,
acting on its behalf, shall not engage in charter bus operations
outside the urban area within which it provides regularly schedules]
mass transportation service, except as provided under Section 3(f)
of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C.
S 1602(f), and regulations published thereunder.
(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 transporation 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. S 1602(q) and regulations Published
thereunder.
Section 117. Compliance with Elderly and Handicapped Regulations.
The Recipient shall insure that all fixed facility aonstructicn or
alteration and all new equipmnt included in the Project comply with
applicable regulations regarding Transportation for Elderly and Handi-
capped Persons, set forth at 49 C.F.R. Part 27.
Section 118. Flood Hazards.
The Recipient Shall damply with the flood insurance peirchase require-
ments with respect to construction or acquisition purposes, of
Section 102(a) of the Flood Disaster Protection Act of 1973,
42 U.S.C. S 4012(a).
37
Section 119. Privacy.
Should the Recipient, its third party contractors or its employees
administer any system of records an 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 t to the Act wt,en
performance under the contract involves the des gn, development,
or operation of any system of records on indiv uals to be
operated by the Recipient, its contractors or ejployees to
accomplish a Government function;
(2) to notify the Goverment when the Reciient anticipates
operating a system of records on behalf of the Goverment in order
to accomplish the requirements of this Agreenen ,, if such
system contains information about individuals ich 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 is applicable
'to the system have been carried out. The Recip ent agrees to
correct, maintain, disseminate, and use such rds in
accordance with the requirements of the Act, to comply
with all applicable requirements of the Act;
(3) to include the Privacy Act Notificati contained
in this Agreement in every third party contract solicitation
and in every third party contract when the perf rn anoe of
work under the proposed third party contract ma involve the
design, development, or operation of a system o records on
individuals that is to be operated under the tract to '
acoanmplish a Government function; and
(4) to include this clause, including this paragraph, in
all third party contracts under which work for i s Agreement
is performed or which is awarded pursuant to this Agreement or which
may involve the design, development, or operati of such
a system of records an behalf of the Government.
(b)For purposes of the Privacy Act, when the
the operation of a system of records on indivi
accamplish a Government function, the Recipient
contractor and any of their employees is coni
employee of the Goverment with respect to the
function and the requirements of the Act, incl
38
eenent involves
s to
third party.
to be an
t
the
• 4.n
civil and criminal penalties for violation of the Act, are
applicable except that the criminal penalties shall not apply
with regard to contracts effective prior to Septeober 27, 1975.
In addition, failure to comply with the provisions of the Act
or of this clause will make this Agreement subject to termi-
nation.
(c) The terms used in this clause have the'following meanings:
(1) 'Operation of a system of records" means 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, medical
history, and criminal or employment history and that contains
his name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as
a finger or voice print, or a photograph.
(3) "System of records" on individuals means a group of
any records under the control of the Recipient on behalf of
the Goverment from which information is retrieved by the name
of the individual or by some identifying number, symbol, or
other identifying particular assigned to the individual.
Section 120. Miscellaneous.
(a) Bonus or Commission. The Recipient warrants that it has not
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 Ayiuriir.et 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 DOT'in writing in order that
appropriate changes and modifications may be made by DOT and the
Recipient to the end that the Recipient may proceed as soon
as possible with the Project.
39
(c) Records. The Recipient, and amylase
for which it applies will, for each local
on or after JU1y 1, 1978, conform to the _
the uniform system of accounts and records
required by section 15 of the Urban Mies
of 1964, as amended, 49 U.S.C. i 1611, effL
local fiscal year ending on or after July 1
regulations.
(d) Severabili . If any provision of this
the of this Agreement shall not
if such remainder would then continue to
and requirements of applicable law.
40
r
tial operator
Yew ending
system and
the emteatt
tion Act
ve for each
1978, and MTh
is held invalid,
affected thereby
ore to the terms
s.
v