Document otsegocountymi_gov_doc_850fada824

Thomas Marquard Director of Planning, Zoning & Capital Projects 225 West Main Street, #203 Gaylord, Michigan 49735 Phone (989)731-7515 Fax (989)731-7529 [EMAIL REDACTED] From: Thomas Marquard, Otsego County Capital Projects Director RE: Invitation for Bid: Otsego County Bus Garage Repairs, 1254 Energy Drive, Gaylord, MI, 49735 (Project code: 2023-04) Date: July 31, 2023 Otsego County is soliciting bids for exterior construction at our Bus Garage. Bids must be submitted in writing to the attention of Thomas Marquard, Director of Capital Projects, and received by 12:00p.m., August 15, 2023. Bids will be publicly opened on August 15, 2023 at 12:05pm at 225 W. Main Street, Room 100, Gaylord, MI. Bid award will be reviewed by MDOT and contact with the awarded contractor will occur after said review. Contact Name: Thomas Marquard Contact Address: 225 W. Main St., Ste 203, Gaylord, MI 49735 Email Address: [EMAIL REDACTED] PROJECT SCOPE: exterior repair/replacement of the Otsego County Bus Garage’s one existing east meter housing, four damaged porticos and front (south) deteriorated wooden entry façade with like kind and quality materials as needed. South façade work to include the addition of white aluminum trim wrap on all exposed wood to alleviate need for painting. Southwest portico may need reconfiguration to allow for proper snow egress, thereby protecting adjacent window. Quote to include construction of a new assembly (preferably matching style of other portico areas) at the garage’s southeast metering area, protecting said metering area from falling snow. All portico’s supporting columns may need repair/replacement. Vendors will be welcomed to a builder’s meeting with scope walk at the Bus Garage on Thursday, August 10, 2023 at 10:00am. Questions prior to the meeting or derived from the scope walk must be submitted by email to both [EMAIL REDACTED] and [EMAIL REDACTED] no later than Friday, August 11, 2023, at 12:00p.m. Verbal comments at the scope walk are not part of this solicitation, and will not be deemed formal or final answers to any questions posed. Answers to any vendor questions- either by email or posed at the scope walk- will be addressed and posted by Friday, August 11, 2023 at 4:00p.m. on our website only, and will be considered final answers. ---PAGE BREAK--- The selected firm may have to have a third party subcontract approved by the Michigan Department of Transportation (MDOT). Federal contract clauses are attached: • The “Federal Contract Clauses Construction less than $150,000” (Attachment A) Note: Contractor must submit a signed copy of page 1 of Attachment A with this quote. • The “Davis-Bacon Wage Determination” (Attachment B) Vendor quotes should include all applicable costs including but not limited to the following: PERMITS & INSURANCE The selected vendor is responsible to obtain any insurance, permits, certifications and/or licenses to complete the project. Copies of all insurance, licenses, inspections and permits shall be provided to Otsego County for record keeping. All work must comply with all safety and building codes of the State of Michigan and local ordinances. REMOVAL All vendor quotes must include the builder’s cost for removal of all construction related debris at the premises. INSTALLATION Vendor must quote materials reflecting the closest possible match (like kind and quality) to the color, size and shape of the building’s existing materials. See “specifications.” SITE PREPARATIONS • Protection for Otsego County employees is of the highest priority. Possibility of falling debris above entrances and walkways shall be monitored and maintain by the vendor with proper barriers and flagging during these construction periods as applicable. • All new materials that are required for the project completion shall be furnished by the vendor. • All materials that will not be utilized for the project are to be removed from site by the vendor. • The vendor must barricade the work area and post signs indicating areas where precaution must be taken. • The vendor shall take all necessary precautions to eliminate all possible fire hazards and to prevent damage to any construction work building materials, equipment, and all other property both public and personal involved in connection with the project. • Any applicable traffic cones, traffic control devices and manpower shall be furnished by the vendor to direct traffic. • Vendor shall be responsible for protection of any Otsego County equipment and/or adjacent property/buildings/facility or personnel apparatus against damages caused by workmen, their equipment and materials. Such damages, if any, shall be repaired and ---PAGE BREAK--- rectified, at vendors expense, to the satisfaction of Otsego County and/or adjacent property owner. • At the end of each working day, equipment tools or materials shall not be stored at any roadway, walkway or customer entrance areas to the facility. • The vendor or its sub-contractors will locate equipment at storage areas, parking area or at designated location. Adequate space will be provided. • During the construction period driveways and roadway access to properties adjoining the project must be maintained & cleared at all times. Safe passages for Otsego County’s vehicles or pedestrians to and from facility should not be interrupted. Minimum interruption of bus traffic in and out of designated bays areas with no interruption of passenger service will be allowed. SPECIFICATIONS Repairs or replacement of porticos and facades should utilize like kind and quality materials, with any material upgrades (if any) detailed and their need substantiated with reasons stated on the quote. Such like kind and quality materials and any upgrades should have their costs separately detailed in the quote provided. CONTRACT TYPE This solicitation must result in a firm, fixed price contract. PRODUCT QUALITY Otsego County is committed to the principal of zero defects and will insist on that same commitment on the part of the vendor. The vendor shall make adequate provisions to ensure that the parts, materials and workmanship meets or exceeds the specifications of this request for quotation. The vendor shall establish and maintain quality control procedures throughout the entire project. WARRANTY The vendor must provide details of its warranty policies and procedures. The vendor shall replace any materials within the warranty period that fail due to defect in material resulting from normal use. Deficient materials shall be replaced at no additional cost to Otsego County. The vendor must provide warranty for workmanship and materials for at least one year from date of project completion and acceptance. PREVAILING WAGES All work associated with this quote is subject to the Davis-Bacon Act and Prevailing Wage Rates. The vendor will be required to submit compliant certified payrolls weekly. The Davis- Bacon Act’s wage determination is attached (Attachment QUOTATION SELECTION CRITERIA Award will be to the low quote meeting specifications. All quotes must include total cost of the entire project, including installation, applicable fees and permit costs. The agency reserves the right not to consider quotes received after the stated deadline. Otsego County reserves the right to reject all quotes for sound, documentable business reasons. Otsego County reserves the right to waive any minor informalities or irregularities. ---PAGE BREAK--- Quotations must be valid for a minimum of 60 days after the due date for quotes. Delivery of all items (including all accompanying construction invoices) and all construction must be completed within 90 days after an anticipated bid award date of August 23, 2023. Award will only be to a responsive and responsible vendor. WRITTEN PROTEST PROCEDURES: Contractors wishing to protest procurement decisions or processes must submit the protest in writing to the Otsego County Bus System Manager, Tim Cherwinski at the Otsego County Bus System, 1254 Energy Drive, Gaylord, MI 49735. Protests about solicitation specifications or processes must be received 10 business days before the solicitation due date. Protests received after the due date, but before award must be received before 5 business days after the due date. Post award protests must be received the Otsego County Bus System no later than 5 business days after the award decision. VENDOR DELIVERY & PAYMENT CRITERIA Payment will be made by Otsego County within 45 days of delivery of approved final building inspection/permit, satisfactory completion of all installations, and Otsego County’s receipt of builder’s invoice. DOCUMENTS NUMBER OF PAGES * Attachment A: “Federal Contract Clauses Construction less than $150,000” Attachment B: “Davis-Bacon Wage Determination” 14 10 This message is intended only for the use of the individual or entity to which it is addressed, and it may contain information that is privileged, confidential and exempt from disclosure pursuant to applicable law. Any recipient is prohibited from reading, disseminating, copying or distributing the information contained herein unless the recipient is the intended recipient or is the agent or employee of the intended recipient and is responsible for delivering the message to the intended recipient. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. ---PAGE BREAK--- *INCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (989)731-7515 ---PAGE BREAK--- Attachment number or letter Michigan Department Page 1 of 14 CONSTRUCTION LESS THAN $150,000 of Transportation 3162A (11/19) GOVERNMENT WIDE DEBARMENT AND SUSPENSION {NON PROCUREMENT) Applicability - all contracts more than $25,000. The Recipient agrees to the following: 1. It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, "Non-procurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. 0MB, "Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement)," 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, It will review the U.S. GSA "System for Award Management," .semalt.design if required by U.S. DOT regulations, 2 C.F.R. part 1200, and It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the "System for Award Management" at proxy1 .semalt.design if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200. 2. If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, FTA Project Manager if the Project is administered by an FTA Headquarters Office, or FTA Chief Counsel. CONTRACTOR/ COMPANY NAME I NAME, TITLE AND SIGNATURE OF CONTRACTOR'S AUTHORIZED OFFICIAL: TYPE OR PRINT NAME TITLE I SIGNATURE DATE I SEISMIC SAFETY Applicability - construction of new buildings or additions to existing buildings. These requirements do not apply to micro purchases ($10,000 or less, except for construction contracts of more than $2,000). Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS Applicability - construction contracts and subcontracts, including actual construction, alteration and/or repair, including decorating and painting, of more than $2,000. 1. Minimum wages - All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual Clear Form ---PAGE BREAK--- MOOT 3162A (11/19) Page 2 of 14 relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis­ Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1 )(ii) or of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an ---PAGE BREAK--- MDOT 3162A (11/19) Page 3 of 14 additional classification and wage rate and fringe benefits therefor only when the following criteria have been met The work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1 or of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2. Withholding - The recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the grantee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records - Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preseNed for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration. The payrolls ---PAGE BREAK--- MDOT 3162A (11/19) Page 4 of 14 submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1 U.S Government Printing Office, and Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph of this section. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees - Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that ---PAGE BREAK--- MOOT 3162A (11/19) Page 5 of 14 a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.(ii) Trainees ­ Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5. Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S Department of Labor, or the employees or their representatives. 10. Certification of Eligibility - By entering into this contract, contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 (iii) The penalty for making false statements is prescribed in 18 USC 1001. ---PAGE BREAK--- MOOT 3162A (11/19) Page 6 of 14 FLY AMERICA REQUIREMENTS Applicability - all contracts involving transportation of persons or property, by air between the U.S. and/or places outside the U.S. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000). Contractor shall comply with 49 USC 40118 (the "Fly America" Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US 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. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US 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. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation. CARGO PREFERENCE Applicability- all contracts involving equipment, materials or commodities which may be transported by ocean vessels. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000). Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board" commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill-of-lading.); c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or commodities by ocean vessel. ENERGY CONSERVATION Applicability- all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. ACCESS TO RECORDS AND REPORTS Applicability - as shown below. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000). The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local government and is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FT A, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. 2. Where the purchaser is a State and is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)(1 which receives FTA assistance ---PAGE BREAK--- MOOT 3162A (11/19) Page 7 of 14 through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $150,000. 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 an FTA recipient or a sub grantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, 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 a purchaser which is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. Contractor shall 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 recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i) (11 FTA does not require the inclusion of these requirements in subcontracts. FEDERAL CHANGES Applicability - all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. RECYCLED PRODUCTS Applicability - all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the current or previous fiscal year using Federal funds. 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. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability- all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). 1. The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US. Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. ---PAGE BREAK--- MOOT 3162A (11/19) Page 8 of 14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Applicability- all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). 1. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. 2. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n) on contractor, to the extent the US Government deems appropriate. 3. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION Applicability - all contracts more than $10,000, except contracts with nonprofit organizations and institutions of higher learning, where the threshold is $150,000. a. Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. Contractor shall submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the ---PAGE BREAK--- MOOT 3162A (11/19) Page 9 of 14 recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall 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 contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. g. Termination for Default (Transportation Services) if contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. h. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: I. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 11. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient's judgment, delay is excusable, the time for completing the work shall be extended. The recipient's judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient's convenience. i. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor's failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination ---PAGE BREAK--- MOOT 3162A (11/19) Page 1 0 of 14 specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall I. Immediately discontinue all services affected (unless the notice directs otherwise}, and II. Deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient's convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor's failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. j. Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient's convenience, contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS Applicability - when a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: 1. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 2. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FT A. CIVIL RIGHTS REQUIREMENTS Applicability- all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). The following requirements apply to the underlying contract: The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient ---PAGE BREAK--- MOOT 3162A (11/19) Page 11 of 14 or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service: a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U S.C. § 5332 (FT A's "Nondiscrimination" statute): FT A's "Nondiscrimination" statute prohibits discrimination on the basis of: Race, Color, Religion, National origin, Sex, Disability, Age, or Gender identity and The FTA "Nondiscrimination" statute's prohibition against discrimination includes: Exclusion from participation, Denial of program benefits, or Discrimination, including discrimination in employment or business opportunity, Except as FTA determines otherwise in writing: General. Follow 1 The most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance, and 2 Other applicable Federal guidance that may be issued, but Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program. b. Nondiscrimination - Title VI of the Civil Rights Act The Recipient agrees to, and assures that each Third Party Participant will: Prohibit discrimination based on: Race, Color, or National origin, Comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U S.C. § 2000d et seq., U S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F. R. part 21, and Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and Except as FT A determines otherwise in writing, follow: The most recent edition of FTA Circular 4702.1, "Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance. U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3, and Other applicable Federal guidance that may be issued. c. Equal Employment Opportunity. Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U S.C § 2000e et seq., Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note, Comply with Federal transit law, specifically 49 U S C. § 5332, as stated in section a, and Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, General. The Recipient agrees to Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: U S DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C. F. R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S C. § 2000e note. d Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as "Disadvantaged Business Enterprises" (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to comply with: Section 1101 ---PAGE BREAK--- MDOT 3162A (11/19) Page 12 of 14 of MAP-21, 23 U S C § 101 note, U S DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F. R. part 26, and Federal transit law, specifically 49 US.C. § 5332, as stated in section a, Assurance. As required by 49 C. F.R. § 26.13(a), DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 implement a DBE program approved by FTA, and 3 establish an annual DBE participation goal, Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FT A-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.FR part 26 to ensure nondiscrimination in the award and administration of DOT­ assisted contracts. The Recipient's DBE program, as required by 49 C. F. R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 US.C § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., Exception for the Tribal Transit Program FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 CF.R. part 26 under MAP-21 and previous legislation. e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: Title IX of the Education Amendments of 1972, as amended, 20 US.C § 1681 et seq., U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F. R. part 25, and Federal transit law, specifically 49 US. C. § 5332, as stated in section a. f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: The Age Discrimination in Employment Act (ADEA), 29 U S C. 621 - 634, which prohibits discrimination on the basis of age, U S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, which implements the ADEA, The Age Discrimination Act of 1975, as amended, 42 U.S C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, U.S Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and Federal transit law, specifically 49 US.C. § 5332, as stated in section a. g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: Federal laws, including: 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 federally funded programs or activities, The Americans with Disabilities Act of 1990 (ADA), as amended, 42 US.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and Ill of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles 11 and 111 of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of "employer," The Architectural Barriers Act of 1968, as amended, 42 US.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, Federal transit law, specifically 49 US.C. § 5332, which now includes disability as a prohibited basis for discrimination, and Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, Federal regulations, including: U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37, U S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial ---PAGE BREAK--- MOOT 3162A (11/19) Page 1 3 of 14 Assistance," 49 C.F.R. part 27, U.S. DOT regulations, "Transportation for Individuals with Disabilities: Passenger Vessels," 49 C.F.R. part 39, Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and 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, U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. part 35, U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 36, U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. part 1630, U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities," 47 C.F.R. part 64, Subpart F, U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. part 1194, and U) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. part 609, and Other applicable Federal civil rights and nondiscrimination guidance. h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and The Public Health Service Act, as amended, 42 U.S.C. 290dd­ 290dd-2. i. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-1 note, and U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005. j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: Comply with other applicable Federal nondiscrimination laws and regulations, and Follow Federal guidance prohibiting discrimination. k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations. DISADVANTAGED BUSINESS ENTERPRISE Applicability- contracts over $10,000 awarded on the basis of a bid or proposal offering to use DBEs: a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, and 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 recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerers are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder/offerer will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. 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 ---PAGE BREAK--- MOOT 3162A (11/19) Page 14 of 14 for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must notify the recipient 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 recipient. PROMPT PAYMENT Applicability - all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non-DBE subcontracts. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Applicability - all contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000). The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. ---PAGE BREAK--- "General Decision Number: MI20230146 07/21/2023 Superseded General Decision Number: MI20220146 State: Michigan Construcfion Type: Building County: Otsego County in Michigan. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Execufive Order 14026 or Execufive Order 13658. Please note that these Execufive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). IIf the contract is entered I. Execufive Order 14026 I Iinto on or after January 30, I generally applies to the I I2022, or the contract is I contract. I Irenewed or extended an I. The contractor must pay I Iopfion is exercised) on or I all covered workers at I Iafter January 30, 2022: I least $16.20 per hour (or I I I the applicable wage rate I I I listed on this wage I I I determinafion, if it is I I I higher) for all hours I I I spent performing on the I I I contract in 2023. I IIf the contract was awarded onI. Execufive Order 13658 I Ior between January 1, 2015 andI generally applies to the I IJanuary 29, 2022, and the I contract. I Icontract is not renewed or I. The contractor must pay allI Iextended on or after January I covered workers at least I I30, 2022: I $12.15 per hour (or the I I I applicable wage rate listedI I I on this wage determinafion,I ---PAGE BREAK--- I I if it is higher) for all I I I hours spent performing on I I I that contract in 2023. I The applicable Execufive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Execufive Orders and a classificafion considered necessary for performance of work on the contract does not appear on this wage determinafion, the contractor must sfill submit a conformance request. Addifional informafion on contractor requirements and worker protecfions under the Execufive Orders is available at hftp://www.dol.gov/whd/govcontracts. Modificafion Number Publicafion Date 0 01/06/2023 1 02/03/2023 2 02/24/2023 3 04/14/2023 4 05/05/2023 5 07/21/2023 ASBE0047-005 07/01/2022 Rates Fringes ASBESTOS WORKER/HEAT & FROST 34.62 18.58 BOIL0169-002 01/01/2021 Rates Fringes 35.95 34.52 BRMI0009-026 08/01/2020 Rates Fringes TILE 30.24 19.67 ---PAGE BREAK--- CARP0202-002 06/01/2021 Rates Fringes CARPENTER (Drywall Hanger and Form 23.46 20.31 ELEC0498-020 06/01/2022 All Townships except Charlton, Chester, & Dover Rates Fringes 33.44 21.05 * ELEC0692-002 06/01/2023 Township of Charlton, Chester, & Dover Rates Fringes 33.72 38.03%+9.93 ENGI0324-020 06/01/2022 Rates Fringes POWER EQUIPMENT OPERATOR: GROUP 44.13 24.85 GROUP 40.83 24.85 GROUP 38.18 24.85 GROUP 36.47 24.85 GROUP 36.47 24.85 GROUP 30.61 24.85 Crane operator with main boom and jib 300' or longer: $1.50 per hour above the group 1 rate. Crane operator with main boom and jib 400' or longer: $3.00 per hour above the group 1 rate. PAID HOLIDAYS: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS ---PAGE BREAK--- GROUP 1: Crane operator with main boom and jib 400', 300', or 220' or longer. GROUP 2: Crane operator with main boom and jib 140' or longer; tower crane, gantry crane and whirley derrick GROUP 3: Backhoe/Excavator; Bulldozer; Crane; Loader; Paver; Roller; Scraper; Sfiff Leg Derrick GROUP 4: Bobcat/Skid Loader; Fork Truck (over 20' lift) GROUP 5: Fork Truck (20' lift and under for masonry work) GROUP 6: Oiler * IRON0025-010 06/01/2023 Rates Fringes IRONWORKER, REINFORCING..........$ 31.43 34.77 IRONWORKER, STRUCTURAL...........$ 34.85 40.42 LABO1098-025 07/01/2021 Rates Fringes LABORER Mason Tender - Cement/Concrete and 20.56 12.95 20.56 12.95 * PAIN1803-004 06/01/2023 Rates Fringes PAINTER: Brush 26.64 16.24 PLAS0016-036 04/01/2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 23.10 12.38 PLUM0085-001 05/04/2022 Rates Fringes ---PAGE BREAK--- PIPEFITTER (Excluding HVAC Pipe & System Installafion)......$ 41.00 22.39 PIPEFITTER (HVAC Pipe Installafion 38.25 21.07 PLUMBER (Excluding HVAC Pipe & System Installafion)...........$ 38.25 21.07 PLUMBER (HVAC System Installafion 34.40 21.07 SFMI0669-003 04/02/2023 Rates Fringes SPRINKLER FITTER (Fire 40.48 25.22 SHEE0007-003 05/01/2023 Rates Fringes SHEET METAL WORKER (Excluding HVAC Duct & System 31.05 25.07 SHEET METAL WORKER (HVAC Duct Installafion 31.05 25.07 * SUMI2011-071 02/14/2011 Rates Fringes 22.25 3.10 CARPENTER (Metal Stud Installafion 14.80 4.86 CARPENTER, Excludes Drywall Hanging, Form Work, and Metal Stud Installafion................$ 20.63 5.80 LABORER: Common or General......$ 14.60 4.27 LABORER: Landscape & 14.63 0.00 ---PAGE BREAK--- LABORER: Mason Tender - Brick...$ 14.89 3.10 OPERATOR: Grader/Blade..........$ 24.04 6.03 OPERATOR: 19.60 7.31 PAINTER: Roller and 18.05 5.04 15.28 6.61 TRUCK DRIVER, Includes Dump and Tandem 16.56 3.50 TRUCK DRIVER: Flatbed Truck.....$ 17.44 4.51 WELDERS - Receive rate prescribed for craft performing operafion to which welding is incidental. Workers in this classificafion may be enfitled to a higher minimum wage under Execufive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determinafion for more informafion. Note: Execufive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitafion was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permifted to use paid sick leave for their own illness, injury or other health-related needs, including prevenfive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including prevenfive care; or for reasons resulfing from, or to assist a family member (or person who is like family to the employee) who is a vicfim of, domesfic violence, sexual assault, or stalking. Addifional informafion on contractor requirements and worker protecfions under the EO is available at ---PAGE BREAK--- Unlisted classificafions needed for work not included within the scope of the classificafions listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 The body of each wage determinafion lists the classificafion and wage rates that have been found to be prevailing for the cited type(s) of construcfion in the area covered by the wage determinafion. The classificafions are listed in alphabefical order of ""idenfifiers"" that indicate whether the parficular rate is a union rate (current union negofiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Idenfifiers A four lefter classificafion abbreviafion idenfifier enclosed in dofted lines beginning with characters other than or ""UAVG"" denotes that the union classificafion and rate were prevailing for that classificafion in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviafion idenfifier of the union which prevailed in the survey for this classificafion, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determinafion. 07/01/2014 is the effecfive date of the most current negofiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collecfive bargaining agreement (CBA) governing this classificafion and rate. Survey Rate Idenfifiers Classificafions listed under the idenfifier indicate that no one rate prevailed for this classificafion in the survey and the published rate is derived by compufing a weighted average ---PAGE BREAK--- rate based on all the rates reported in the survey for that classificafion. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculafion of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classificafions and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determinafion. 5/13/2014 indicates the survey complefion date for the classificafions and rates under that idenfifier. Survey wage rates are not updated and remain in effect unfil a new survey is conducted. Union Average Rate Idenfifiers Classificafion(s) listed under the UAVG idenfifier indicate that no single majority rate prevailed for those classificafions; however, 100% of the data reported for the classificafions was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determinafion. 08/29/2014 indicates the survey complefion date for the classificafions and rates under that idenfifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negofiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS Has there been an inifial decision in the mafter? This can be: * an exisfing published wage determinafion * a survey underlying a wage determinafion * a Wage and Hour Division lefter sefting forth a posifion on ---PAGE BREAK--- a wage determinafion mafter * a conformance (addifional classificafion and rate) ruling On survey related mafters, inifial contact, including requests for summaries of surveys, should be with the Wage and Hour Nafional Office because Nafional Office has responsibility for the Davis-Bacon survey program. If the response from this inifial contact is not safisfactory, then the process described in and should be followed. With regard to any other mafter not yet ripe for the formal process described here, inifial contact should be with the Branch of Construcfion Wage Determinafions. Write to: Branch of Construcfion Wage Determinafions Wage and Hour Division U.S. Department of Labor 200 Consfitufion Avenue, N.W. Washington, DC 20210 If the answer to the quesfion in is yes, then an interested party (those affected by the acfion) can request review and reconsiderafion from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part Write to: Wage and Hour Administrator U.S. Department of Labor 200 Consfitufion Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's posifion and by any informafion (wage payment data, project descripfion, area pracfice material, etc.) that the requestor considers relevant to the issue. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrafive Review Board (formerly the Wage Appeals Board). Write to: Administrafive Review Board U.S. Department of Labor 200 Consfitufion Avenue, N.W. Washington, DC 20210 ---PAGE BREAK--- All decisions by the Administrafive Review Board are final. END OF GENERAL DECISIO"