HomeMy WebLinkAboutCabulance, Inc AGREEMENT
THIS AGREEMENT, made on the 1s day of September, 2010, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
CABULANCE, INC., 2723 Harrison St., Oshkosh, WI 54901, hereinafter referred to as
the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
ARTICLE I. KEY EMPLOYEE
A. Assignment of Key Employee. The Contractor shall assign the following
individual to manage the service described in this contract:
Barbara L. Davies, Vice President
B. Changes in Key Employee. The City shall have the right to approve or
disapprove of any proposed change from the individual named above as Key Employee.
The City shall be provided with a resume or other information for any proposed
substitute and shall be given the opportunity to interview that person prior to any
proposed change.
ARTICLE II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the service described in
this contract:
David Vickman, Transit Coordinator
ARTICLE III. SCOPE OF WORK
The Contractor shall provide demand responsive transportation services to
eligible persons within the city limits of the City of Oshkosh. The scope of services is
described in more detail in the Request for Proposals (RFP) document, and in the
Contractor's proposal. Where these documents may conflict, this agreement and the
RFP shall control.
The Contractor may provide additional products and /or services if such
products /services are requested in writing by the Authorized Representative of the
City.
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All reports, computer files, service data, notes and other documents and
instruments prepared by the Contractor as instruments of service shall remain the
property of the City.
ARTICLE IV. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is
needed by the Contractor to aid in the progress of the service, providing it is
reasonably obtainable from City records.
ARTICLE V. CONTRACT TERM
The term of this agreement shall be for three years beginning on the 1st day of
January 2011, and extending to the last day of December 2013. Upon mutual
agreement of both parties, this agreement may be renewed for two additional 1 -year
terms. Contract will automatically renew unless a 90 day notice is given before the
end of current term.
ARTICLE VI. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor a sum of sixteen
and 25/100 dollars ($16.25) per trip during the period January 1, 2011 through
December 31, 2011; sixteen and 50/100 dollars ($16.50) per trip during the period
January 1, 2012 through December 31, 2012; sixteen and 50/100 dollars ($16.50)
per trip during the period January 1, 2013 through December 31, 2013. If the
agreement is extended according to Article V of this contract, the City shall pay the
Contractor a sum of sixteen and 50/100 dollars ($ 16.50) per trip during the period
January 1, 2014 through December 31, 2014 and sixteen and 50/100 dollars
($16.50) per trip during the period January 1, 2015 through December 31, 2015. The
City shall pay only for authorized trips that are provided by the Contractor. Fares are
to be retained by the contractor and will be applied as a credit toward the cost of the
service provided.
B. Method of Payment. The Contractor shall submit itemized monthly
statements for services. The City shall pay the Contractor within 15 business days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of the disputed amount and shall provide to Contractor a statement
as to the reason(s) for withholding payment. Unless the invoice is disputed, the
invoice will be deemed past due if payment in full is not made within 15 business days
from due date. In this case, the invoice may bear interest at 1.5% of the past due
amount per month.
C. Additional Costs. Costs for additional services shall be negotiated and set
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forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE VII. VEHICLES
All vehicles shall be licensed as human service vehicles by the State of
Wisconsin and must be inspected annually with the inspection sticker displayed on the
vehicle.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of
the Contractor, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the
City all sums including court costs, attorney fees and punitive damages which the City
may be obliged or adjudged to pay on any such claims or demands within thirty (30)
days of the date of the City's written demand for indemnification or refund.
ARTICLE IX. INSURANCE
The Contractor shall comply with the City's Insurance Requirements as stated
on attached Exhibit "A ".
ARTICLE X. TERMINATION
A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner
any of the obligations under this Agreement, the City shall have the right to terminate
this Agreement by written notice to the Contractor. In this event, the Contractor shall
be entitled to compensation for any satisfactory work completed.
B. For Convenience. The City may terminate this contract at any time by giving
written notice to the Contractor no later than 30 calendar days before the termination
date. If the City terminates under this paragraph, then the Contractor shall be entitled
to compensation for any satisfactory work performed to the date of termination.
ARTICLE XI. FEDERAL AND STATE REGULATIONS
This agreement shall at all times be subject to the rules and regulations of
Wisconsin Department of Transportation and the Federal Transit Administration, under
the provisions of the Urban Mass Transportation Act of 1964, as amended. See
Exhibit "B ".
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ARTICLE XII. MISCELLANEOUS
The City reserves the right to disallow any dispatcher or driver from serving
passengers under this agreement. This action may result from, but not be limited to,
numerous complaints about the employee during the term of this contract.
The Contractor agrees to report a conviction of a crime by a driver immediately to
the City for appropriate follow -up.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
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In the Presence of: CONTRACTOR
By: OTh,liA,A,CL-- 7 3
1-ACLITA_Cf r
\am .\__
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
+ CITY OF OSHKOSH
By:
4/4, Mark A. Rohloff, City Manager
(Witness)
And: 41'' ! r ` I .!1
• Jitness) Pamela R. Ubrig, City Clerk
II
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
‘1 V A/ L- 6 \-- p aerijet
itity Attorney _}
City Comptroller
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Exhibit A - CITY OF OSHKOSH INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS
The Contractor shall not commence work on subcontract until proof of all similar insurance
required of the Subcontractor has been provided to the applicable City department before
the contract or purchase order is considered for approval by the City.
It is hereby agreed and understood that the insurance required by the City of Oshkosh is
primary coverage and that any insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be in full force prior to commencing work and
remain in force until the entire job is completed and the length of time that is specified, if
any, in the contract or listed below whichever is longer.
1. PROFESSIONAL LIABILITY
A. Limits
(1) $1,000,000 each claim
(2) $1,000,000 annual aggregate
B. Must continue coverage for 2 years after final acceptance for service /job
2. GENERAL LIABILITY COVERAGE
A. Commercial General Liability
(1) $1,000,000 each occurrence limit
(2) $1,000,000 personal liability and advertising injury
(3) $2,000,000 general aggregate
(4) $2,000,000 products — completed operations aggregate
B. Claims made form of coverage is not acceptable.
C. Insurance must include:
(1) Premises and Operations Liability
(2) Contractual Liability
(3) Personal Injury
(4) Explosion, collapse and underground coverage
(5) Products /Completed Operations
(6) The general aggregate must apply separately to this project /location
3. BUSINESS AUTOMOBILE COVERAGE
A. $500,000 combined single limit for Bodily Injury and Property Damage each
accident
B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned
and Hired Automobile Liability.
4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — "If" required by Wisconsin
State Statute or any Workers Compensation Statutes of a different state.
A. Must carry coverage for Statutory Workers Compensation and an Employers
Liability limit of:
(1) $100,000 Each Accident
(2) $500,000 Disease Policy Limit
(3) $100,000 Disease — Each Employee
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5. ADDITIONAL PROVISIONS
A. Acceptability of Insurers - Insurance is to be placed with insurers who have an
A.M. Best rating of no less than A- and a Financial Size Category of no less than
Class VI, and who are authorized as an admitted insurance company in the state
of Wisconsin.
B. Additional Insured Requirements — The following must be named as additional
insureds on the General Liability and Business Automobile Liability coverage
arising out of project work... "City of Oshkosh, and its officers, council members,
agents, employees and authorized volunteers. This does not apply to Professional
Liability, Workers Compensation and Employers Liability ".
C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted
prior to commencement of the work to City Clerk — City of Oshkosh. These
certificates shall contain a provision that coverage afforded under the policies will
not be canceled or non - renewed until at least 30 days' prior written notice has
been given to the City Clerk— City of Oshkosh.
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Exhibit B — Federal Contract Clauses
No Obligation by the Federal Government
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by the Federal Transit Administration
(FTA). It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
Program fraud and false or fraudulent statements and related acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
Access to Records
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also
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agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PM0 Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,
which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PM0
Contractor, access to the Contractor's records and construction sites pertaining to a major
capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition
threshold currently set at $ 100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non - profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of their
duly authorized representatives with access to any books, documents, papers and record
of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the
Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case Contractor agrees to maintain same
until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
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Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements FTA
may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective employees
for reason of age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
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Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10 %. The agency's overall goal for DBE
participation is 1.1 %.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of this DOT - assisted contract. Failure by
the contractor to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as the OTS deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder will be required to report its DBE participation obtained through race -
neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the OTS. In addition, [the contractor
may not hold retainage from its subcontractors.] [is required to return any retainage
payments to those subcontractors within 30 days after the subcontractor's work related to
this contract is satisfactorily completed.] [is required to return any retainage payments to
those subcontractors within 30 days after incremental acceptance of the subcontractor's
work by OTS and contractor's receipt of the partial retainage payment related to the
subcontractor's work.]
e. The contractor must promptly notify the OTS, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and
must make good faith efforts to engage another DBE subcontractor to perform at least the
same amount of work. The contractor may not terminate any DBE subcontractor and
perform that work through its own forces or those of an affiliate without prior written
consent of the OTS.
Incorporation of FTA Terms
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
OTS requests which would cause OTS to be in violation of the FTA terms and conditions.
Termination Provisions
If the Contractor fails to deliver supplies or to perform the services within the time
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specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the OTS may terminate this contract for default. The OTS
shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of the default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or
performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same as
if the termination had been issued for the convenience of OTS.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the OTS.
If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the OTS, the Federal Government may
pursue available remedies, including but not limited to suspension and /or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while
this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
Resolution of Disputes, Breaches, or Other Litigation
Disputes arising in the performance of this Contract which are not resolved by agreement
of the parties shall be decided in writing by the authorized representative of OTS's
Transportation Director. This decision shall be final and conclusive unless within [ten (10)]
days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the Transportation Director. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor
and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by OTS, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents
or others for whose acts he is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such
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injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the OTS and the Contractor arising out of or relating to
this agreement or its breach will be decided by arbitration if the parties mutually agree, or
in a court of competent jurisdiction within the State in which the OTS is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the OTS or Contractor shall constitute a waiver of any right or
duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et seq . The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
Fly America
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301 -10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government - financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
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Contract Work Hours & Safety Standards Act
1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one -half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation
of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph
(1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally- assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
Transit Employee Protective Arrangements
(1) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines
that transit operations are involved, the Contractor agrees to carry out the transit
operations work on the underlying contract in compliance with terms and conditions
determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests
of employees employed under this contract and to meet the employee protective
requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and
any amendments thereto. These terms and conditions are identified in the letter of
certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from
which Federal assistance is provided to support work on the underlying contract. The
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Contractor agrees to carry out that work in compliance with the conditions stated in that
U.S. DOL letter.
Charter Service Operations
The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which
provides that recipients and subrecipients of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of the exceptions
at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
School Bus Operations
Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA
assistance may not engage in school bus operations exclusively for the transportation of
students and school personnel in competition with private school bus operators unless
qualified under specified exemptions. When operating exclusive school bus service under
an allowable exemption, recipients and subrecipients may not use federally funded
equipment, vehicles, or facilities.
Drug and Alcohol Testing
The contractor agrees to participate in OTS's drug and alcohol program established in
compliance with 49 CFR 655.
Energy Conservation
The contractor agrees to comply with 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.
Recycled Products
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
ADA Access
The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal
policy that elderly individuals and individuals with disabilities have the same right as other
individuals to use public transportation services and facilities, and that special efforts shall
be made in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities. The Contractor
also agrees to comply with all applicable provisions of section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of
disability in the administration of programs or activities receiving Federal financial
assistance; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42
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U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made
available to individuals with disabilities; with the Architectural Barriers Act of 1968, as
amended, 42 U.S.C. 5§ 4151 et seq., which requires that buildings and public
accommodations be accessible to individuals with disabilities; and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be
applicable. In addition, the Recipient agrees to comply with applicable implementing
Federal regulations, and any later amendments thereto, and agrees to follow applicable
Federal implementing directives, except to the extent FTA approves otherwise in writing.
Among those regulations and directives are:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB) /U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101 -19;
(7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,"
47 C.F.R. Part 64, Subpart F;
(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 C.F.R. Part 1194;
(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part
609; and
(1 1) Federal civil rights and nondiscrimination directives implementing the foregoing Federal
laws and regulations, except to the extent the Federal Government determines otherwise in
writing.
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